using the precedent of sheriffs abusing their "discretion" to push legislation

[General Geoff]

With the latest revocation by a sheriff because of open carrying, it seems to me that we should be able to compile a rather long list of incidents where sheriffs abuse their discretionary power to revoke LTCFs. I think we should use this as a spring board to introduce legislation that would either:

A) Remove the requirement to have a LTCF to conceal or carry openly in Philadelphia (yet keep the option to get one for reciprocity's sake), or

B) Replace sheriffs' discretion with a requirement for a court hearing and summary judgment BEFORE revocation occurs, instead of only requiring an appeal to contest a revocation.


What do you guys think?

[truecrimson]

Sounds good to me. I would also encourage everyone who has a Pennsylvania LTCF to apply for a New Hampshire non resident Pistol/Revolver license:
http://www.nh.gov/safety/divisions/n...ing/plupr.html
There is no training requirement, it is cheap, and NH and PA have reciprocity. They do require you to have a license/permit in your state of residence.

[General Geoff]

I'm going to see if I can arrange a meeting with Karen Beyer, my state representative in the House. At the very least I'll send her office a certified letter explaining my concerns. truecrimson, she's probably also your representative.

[truecrimson]

Yep, I've sent a couple of e mails over the summer but never gotten a reply. In fact I sent her one about HB 1845 a day or two ago. If I'm off when you set up the meet I'd like to tag along.

ETA: We could also bring up the reccent mayoral push to violate preemption.

[General Geoff]

DRAFT LETTER:

Dear Representative Beyer:

Over the past year, I've noticed an alarming increase in the abuse of official power by county sheriffs, in regard to their discretion in revoking Licenses To Carry Firearms (LTCF). As it stands, the law specifies in §6109 of the Uniform Firearms Act that a license may be revoked (upon other reasons) from “An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.”

Most recently, however, a trend has begun to form where sheriffs are revoking LTCFs for merely carrying a firearm openly (commonly referred to as “open carry”). The Pennsylvania Supreme Court has repeatedly ruled (see Commonwealth v. Ortiz and Commonwealth v. Hawkins) that open carry is lawful and does not, in fact, even constitute reasonable articulable suspicion of committing a crime. In essence, the sheriffs are revoking LTCFs from law abiding persons simply because they “don't like open carry.” As if this weren't absurd enough, without a valid LTCF, the affected persons are then forced to carry openly, which is lawful with no license or permit everywhere in the state of Pennsylvania except within a vehicle or within the city limits of Philadelphia.

Currently, the only recourse for these individuals is to file for an appeal and appear in court in order to reverse the unlawful revocation. This generally costs them much time and money to hire an attorney.

It is my plea that you introduce legislation that would remove the sheriffs' ability to revoke a LTCF without due process, and require that a sheriff prove in a court of law that a licensee has acted in a manner which would legally justify revocation of said person's license.

I would like to meet with you to discuss this matter. The best way to reach me is by phone. My cell number is xxx-xxx-xxxx.

Sincerely,

[General Geoff]

UPDATE

Someone from Karen Beyer's office called me today to set up a meeting with me to discuss this issue. truecrimson, I'll let you know when it's scheduled for, so you can hopefully join me.

[danp]

The Allegheny County Sportsmen's League has been collecting these stories for this purpose for a long time. Whenever you hear about one of these incidents contact Kim Stolfer: activist@fyi.net

[shefearsnothing]

karen Beyer? PFFFT!!!! She needs to be voted out. Sorry. Got nothing nice to say about her....

[gnbrotz]

Originally Posted by danp

The Allegheny County Sportsmen's League has been collecting these stories for this purpose for a long time. Whenever you hear about one of these incidents contact Kim Stolfer: activist@fyi.net

They also have an automated reporting form on their website.

[truecrimson]

Originally Posted by danp

The Allegheny County Sportsmen's League has been collecting these stories for this purpose for a long time. Whenever you hear about one of these incidents contact Kim Stolfer: activist@fyi.net

That collection might be a good thing for us to take along. I'll e mail and see if we can get a copy.