Allegheny pwns you all.

[D-FENS]

Just wanted to post this. It's about a month old. I was scouring with Google to try and find violations of PA gun law in local code and ran across this article.

No wonder I had to wait.

http://www.pittsburghlive.com/x/pitt.../s_479391.html

This is a little disconcerting

"In April, Allegheny County started conducting its own background checks, in addition to those required by the state. Since then, Allegheny has disqualified about 20 percent of applicants previously approved by the state, Carter said.

"I just want to make it more difficult to get a gun in Allegheny County," said acting Sheriff William Mullen. "

[Glock22xd9]

I got my permit in 20 minutes. and with the sheriff resigning, we all know why!

[phillyd2]

In April, Allegheny County implemented its own background check, and anyone with a prior arrest on certain felony and misdemeanor charges is disqualified from receiving concealed gun permits. Allegheny's system delays the issuance of permits up to 45 days.

Is this even allowed under State law?

[Glock22xd9]

with our sheriff's office... probably not.

[D-FENS]

Can you be disqualified for a misdemeanor prior to turning 18?

[Glock22xd9]

I'm no expert, but I don't think so, but if you can buy a gun in allegheny county, you can get a permit.

[D-FENS]

Originally Posted by phillyd2

In April, Allegheny County implemented its own background check, and anyone with a prior arrest on certain felony and misdemeanor charges is disqualified from receiving concealed gun permits. Allegheny's system delays the issuance of permits up to 45 days.

Is this even allowed under State law?

Doesn't look like it to me.

§ 6109. Licenses.

(c) Form of application and content.--The application for a license to carry a firearm shall be uniform throughout this Commonwealth and shall be on a form prescribed by the Pennsylvania State Police. The form may contain provisions, not exceeding one page, to assure compliance with this section. Issuing authorities shall use only the application form prescribed by the Pennsylvania State Police. One of the following reasons for obtaining a firearm license shall be set forth in the application: self-defense, employment, hunting and fishing, target shooting, gun collecting or another proper reason. The application form shall be dated and signed by the applicant and shall contain the following statement:

I have never been convicted of a crime of violence in the Commonwealth of Pennsylvania or elsewhere. I am of sound mind and have never been committed to a mental institution. I hereby certify that the statements contained herein are true and correct to the best of my knowledge and belief. I understand that, if I knowingly make any false statements herein, I am subject to penalties prescribed by law. I authorize the sheriff, or his designee, or, in the case of first class cities, the chief or head of the police department, or his designee, to inspect only those records or documents relevant to information required for this application.

Maybe someone with more expertise than me can take a look at this.

I also found this. Allegheny charges $25

(h) Fee.--The fee for a license to carry a firearm is $19. This includes a renewal notice processing fee of $1.50. This includes an administrative fee of $5 under section 14(2) of the act of July 6, 1984 (P.L.614, No.127), known as the Sheriff Fee Act. No fee other than that provided by this paragraph or the Sheriff Fee Act may be assessed by the sheriff for the performance of any background check made pursuant to this act. The fee is payable to the sheriff to whom the application is submitted and is payable at the time of application for the license. Except for the administrative fee of $5 under section 14(2) of the Sheriff Fee Act, all other fees shall be refunded if the application is denied but shall not be refunded if a license is issued and subsequently revoked. A person who sells or attempts to sell a license to carry a firearm for a fee in excess of the amounts fixed under this subsection commits a summary offense.

[danp]

There's also this reason for disqualification:

(viii) An individual who is charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year except as provided for in section 6123 (relating to waiver of disability or pardons).

So my understanding is you can be disqualified for being convicted of any crime as long as it could result in 1+ years in prison.

Also reading the other law quoted it appears to me that they can only use the application provided and may not charge more to do extra investigation, but I don't see anywhere where it says they can't do it on their own dime.

[KeithPA]

Originally Posted by danp

There's also this reason for disqualification:

(viii) An individual who is charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year except as provided for in section 6123 (relating to waiver of disability or pardons).

So my understanding is you can be disqualified for being convicted of any crime as long as it could result in 1+ years in prison.

Also reading the other law quoted it appears to me that they can only use the application provided and may not charge more to do extra investigation, but I don't see anywhere where it says they can't do it on their own dime.

Thats a felony. Misdemeaners carry a maximum of 1 year. I'm pretty sure this applies to gun purchases too. It asks if you have ever been charged/convicted of a crime punishable by 1+ year.

[LittleRedToyota]

regarding the fee, it was raised statewide recently. that is just not reflected in the text PA UFA you found online.

i wonder what criteria the new sheriff is using in his background check to disqualify people who pass the PICS check?

i don't see how he can do that either (unless there is stuff that is not showing up int he PICS check for some reason), but we don't have enough details to really know what is going on. i'd love to know the reasons why these 20% are being turned down. the law is very specific about why someone can be turned down...except for the clause about investigating that:

the individual's character and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety

that is probably the clause he is using, but i'd love to see the specific reasons. this clause is ripe for abuse.