Hassled at the polls for OCing

[XD45]

Originally Posted by gnbrotz

How do I actually go about appealing the revocation? I'm assuming an attorney is advisable for this as well?

Could there be possible additional criminal charges?

i'd imagine you'll know alot more Monday when you get the other letter. Your lawyer should file all the papers and that type of thing to get the ball rolling.. right now i'd just be searching for a good gun lawyer near you

[NineseveN]

Originally Posted by gnbrotz

How do I actually go about appealing the revocation? I'm assuming an attorney is advisable for this as well?

Could there be possible additional criminal charges?

(i) Revocation.--A license to carry firearms may be revoked
by the issuing authority for good cause. A license to carry
firearms shall be revoked by the issuing authority for any
reason stated in subsection (e)(1) which occurs during the term
of the permit. Notice of revocation shall be in writing and
shall state the specific reason for revocation. Notice shall be
sent by certified mail to the individual whose license is
revoked, and, at that time, notice shall also be provided to the
Pennsylvania State Police by electronic means, including e-mail
or facsimile transmission, that the license is no longer valid.
An individual whose license is revoked shall surrender the
license to the issuing authority within five days of receipt of
the notice. An individual whose license is revoked may appeal to
the court of common pleas for the judicial district in which the
individual resides. An individual who violates this section
commits a summary offense.

[LittleRedToyota]

Originally Posted by gnbrotz

UPDATE: I just received a letter from the Franklin County Sheriff's office notifying me that my LTCF has been revoked. "The reason for the REVOCATION is your involvement in which a gun was used by you in an apparent illegal manner."

There was also a slip from the post office that there is a certified letter from his office as well (which I can't pick up until Monday). Any ideas on what I'm facing and where I can find an attorney that will be able to assist me in the upcoming process??

holy crap. if there isn't any more to the story than what you have stated, that is outrageous.

are you a member of the NRA? if so, i would contact them about this and see if they will help.

ETA: also, when you get the letter on monday, if you don't mind, post here what they claim you did that was illegal. it seems like they are going to have to either say that OC in general is illegal...or that carrying at polls is illegal. both of those are not correct, of course. hopefully, they are dumb enough to actually state that they are revoking your license because of apparently illegal conduct and then cite legal conduct as an example of that illegal conduct.

[Pa. Patriot]

I don't have time but for a quick comment right now.

The sheriff can't revoke your LTCF just because he feels like it.
From the sound of the quoted text of the letter it sounds like your constable friend reported you as "illegally" carrying. I would contact the sheriff ASAP. Ask him what illegal activity you were involved in and what proof (arrest? conviction?) he has.

Did you send the letters out yet concerning the constables actions?

Since you were not carrying illegally, they screwed up, bad. The result should be a real short shit storm, towards them, as the actions of the constable AND sheriff are clearly in the wrong (and probably illegal).

Please post the letter too on Mon.

[Pa. Patriot]

Originally Posted by LittleRedToyota

.... hopefully, they are dumb enough to actually state that they are revoking your license because of apparently illegal conduct and then cite legal conduct as an example of that illegal conduct.

I suspect this is exactly what the case will be. Can't wait to hear what the specific reason is.

We will make sure these idiots are made example of. Will probably make for a good newspaper story too

gnbrotz, you have my personal email, Use it if needed.

[Joe Smith]

Originally Posted by Mtbkski

At least you can still OC (No, I'm not trying to make light of this. Don't take it that way). Find out what the charges are and call a lawyer and let us know what is up. I would chip some bucks in personally to help pay the lawyer fees. It won't be much. But if a lot of us did this, it may help you put up a good fight anyway. Everyone has been cheering you on. Now it is time to stand up and really support him. Are you all willing to chip in a few dollars to help pay for an attorney to fight this?

Could we set up a specific donation site on PAFOA that we could donate money towards that could be used for this.

Gunbrotz,

I'm sure you have a lot on your mind already, but if you have time to set up a paypal account (yes, I know) and post the info I am sure many of the folks here will pitch in to help with the legal fees if needed. You will have to wait till monday anyways, but just wanted to throw that out there. If we drop the ball when they hassle you, what will happen when they come after me or anyone else here?

We have you back! Don't let up, stay proud!

~Brian

[Nate]

What a bunch of BS!!! I will be happy to help you in any way I can ($$$, time, whatever).

[NineseveN]

e) Issuance of license.--
(1) A license to carry a firearm shall be for the
purpose of carrying a firearm concealed on or about one's
person or in a vehicle and shall be issued if, after an
investigation not to exceed 45 days, it appears that the
applicant is an individual concerning whom no good cause
exists to deny the license. A license shall not be issued to
any of the following:
(i) An individual whose character and reputation is
such that the individual would be likely to act in a
manner dangerous to public safety.
(ii) An individual who has been convicted of an
offense under the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and
Cosmetic Act.
(iii) An individual convicted of a crime enumerated
in section 6105.
(iv) An individual who, within the past ten years,
has been adjudicated delinquent for a crime enumerated in
section 6105 or for an offense under The Controlled
Substance, Drug, Device and Cosmetic Act.
(v) An individual who is not of sound mind or who
has ever been committed to a mental institution.
(vi) An individual who is addicted to or is an
unlawful user of marijuana or a stimulant, depressant or
narcotic drug.
(vii) An individual who is a habitual drunkard.
(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).
(ix) A resident of another state who does not
possess a current license or permit or similar document
to carry a firearm issued by that state if a license is
provided for by the laws of that state, as published
annually in the Federal Register by the Bureau of
Alcohol, Tobacco and Firearms of the Department of the
Treasury under 18 U.S.C. § 921(a)(19) (relating to
definitions).
(x) An alien who is illegally in the United States.
(xi) An individual who has been discharged from the
armed forces of the United States under dishonorable
conditions.
(xii) An individual who is a fugitive from justice.
This subparagraph does not apply to an individual whose
fugitive status is based upon nonmoving or moving summary
offense under Title 75 (relating to vehicles).
(xiii) An individual who is otherwise prohibited
from possessing, using, manufacturing, controlling,
purchasing, selling or transferring a firearm as provided
by section 6105.
(xiv) An individual who is prohibited from
possessing or acquiring a firearm under the statutes of
the United States.
(3) The license to carry a firearm shall be designed to
be uniform throughout this Commonwealth and shall be in a
form prescribed by the Pennsylvania State Police. The license
shall bear the following:
(i) The name, address, date of birth, race, sex,
citizenship, height, weight, color of hair, color of eyes
and signature of the licensee.
(ii) The signature of the sheriff issuing the
license.
(iii) A license number of which the first two
numbers shall be a county location code followed by
numbers issued in numerical sequence.
(iv) The point-of-contact telephone number
designated by the Pennsylvania State Police under
subsection (l).
(v) The reason for issuance.
(vi) The period of validation.
(4) The sheriff shall require a photograph of the
licensee on the license. The photograph shall be in a form
compatible with the Commonwealth Photo Imaging Network.
(5) The original license shall be issued to the
applicant. The first copy of the license shall be forwarded
to the Pennsylvania State Police within seven days of the
date of issue. The second copy shall be retained by the
issuing authority for a period of seven years. Except
pursuant to court order, both copies and the application
shall, at the end of the seven-year period, be destroyed
unless the license has been renewed within the seven-year
period.


If they can't cite charges (which is likely), any bets on whether they'll try and make the case that his interaction with the constable at the polling place was unreasonable and lead the sheriff to conclude that he would act in a manner dangerous to public safety? No charges are pending against you, right gnbrotz?

[dnar]

Whoa, gnbrotz! I feel sick for what happened to you. Don't worry, it'll all work out for you eventually. Please know that we are all right behind you, ALL THE WAY!


rand

[Pa. Patriot]

After reading the original account of the incident while voting it is crystal clear to me that this is sour grapes on the constables part.
When the info arrives Monday I think we'll find this constable is simply digging a big hole for himself. If he told the sheriff you we're illegally carrying he was lying as he knew at the scene it was not prohibited.
Official oppression, that's my bet.