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  #1 (permalink)  
Old December 18th, 2012, 05:02 PM
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Default Philadelphia LTCF - 45 Days means 45 days.

Thought this deserved it's own thread.

I got a call back this afternoon (got off the phone with her five minutes ago) with a Staff Inspector Levin down at Internal Affairs.

She took the "45 day" dispute to Captain Healy, who is the legal advisor for the PPD, and they sat down to look at the statutes.

According to what she told me over the phone, and she encouraged me to quite her on this - "45 days" refers to "calendar days," and not "business days." The Philadelphia Gun Permit Unit has been incorrectly applying the term "business days" and Captain Healy will be re-instructing them in the coming weeks to begin sticking to the definition as written for "day," which is the 24 hour period between one midnight and the next.

She referred to Title 1's "Rules of Construction" -

Quote:
1903. Words and phrases.

(a) General rule.--Words and phrases shall be construed according to rules of grammar and according to their common and approved usage; but technical words and phrases and such others as have acquired a peculiar and appropriate meaning or are defined in this part, shall be construed according to such peculiar and appropriate meaning or definition.
PAFOA user "tl 3237" hit the right Title, but 1903 is the more specific statute that seals it. The concept is that, since the word "day" has a commonly accepted use, and nowhere within Title 18 is the word "day" used with any more restrictive modifying language such as "business," then the definition of the word "day" has to be that which is outlined in 1991.

Captain Healy will be going to the Gun Permit Unit to make sure that they begin using this interpretation of the word day from now on.

Last edited by ViperGTS19801; December 18th, 2012 at 05:30 PM.
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  #2 (permalink)  
Old December 18th, 2012, 05:10 PM
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Default Re: Philadellphia - 45 Days means 45 days.

I was just there the other day and they indeed said "45 business days"; so I was happy to see this post - thanks for the info!
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Old December 18th, 2012, 05:33 PM
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Default Re: Philadelphia LTCF - 45 Days means 45 days.

As always Viper's on top of things.... now we have to get them to drop the interviews, the photos, fingerprints and extra hoops.
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Old December 18th, 2012, 09:07 PM
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Default Re: Philadelphia LTCF - 45 Days means 45 days.

I also was just there today for my renewal and they specifically made a point to say 45 business days. They told me that last time and it was back in a week? We'll see what happens this time.
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Old December 18th, 2012, 09:56 PM
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Default Re: Philadelphia LTCF - 45 Days means 45 days.

Quote:
Originally Posted by ViperGTS19801 View Post
She referred to Title 1's "Rules of Construction" -
Try 1908, which speaks specifically to this:

Quote:
1908. Computation of time.

When any period of time is referred to in any statute, such period in all cases, except as otherwise provided in section 1909 of this title (relating to publication for successive weeks) and section 1910 of this title (relating to computation of months) shall be so computed as to exclude the first and include the last day of such period. Whenever the last day of any such period shall fall on Saturday or Sunday, or on any day made a legal holiday by the laws of this Commonwealth or of the United States, such day shall be omitted from the computation.
This is utterly unambiguous about what 45 days means. Day 1 starts on the day after you submit your paperwork. You then count forward until you reach 45 days. When you hit 45 days, if you're at a weekend or a legal holiday that PA recognizes, you continue counting until you reach a non-weekend, non-holiday day.

Last edited by FNG19; December 18th, 2012 at 09:59 PM.
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Old December 19th, 2012, 11:11 AM
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Default Re: Philadelphia LTCF - 45 Days means 45 days.

I applaud your efforts on behalf of Phila residents. You know who to talk to.
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Old December 19th, 2012, 11:32 AM
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Default Re: Philadelphia LTCF - 45 Days means 45 days.

Anyone who doesn't rep Viper for this should be shot for being a traitor to our nation. Thank you Viper.
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Old December 19th, 2012, 11:40 AM
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Default Re: Philadelphia LTCF - 45 Days means 45 days.

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Anyone who doesn't rep Viper for this should be shot for being a traitor to our nation. Thank you Viper.
LOL stop it! :-p
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Old December 21st, 2012, 12:38 AM
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Default Re: Philadelphia LTCF - 45 Days means 45 days.

Thank you for running point on so many firearm issues in Philly!

While I am not sure what the follow-through will be, it is really encouraging that they at least acknowledge that it is days and not business days.
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Old December 25th, 2012, 03:10 AM
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Talking Re: Philadelphia LTCF - 45 Days means 45 days.

Nice. now if we could get them to stop the denials for traffic or parking tickets! that'd be nice too. Good job
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