LTCF Denial question; can I appeal?

[martin9428]

I live in Virginia and just got denied my LCC reason being simple Domestic Assault and failure to reliquish the phone back in 1998. I then called the police department in the city it happened in and in fact was charged but never convicted. I did 1 year probation but, only had to show up at the PO once and also Anger management. I am still able to buy guns but it takes a couple hours for the State Police to investigate. When I called the police department they told me after three years it could be esponged well it's been 11 years, no trouble since, went through a two year Federal background check to get my security clearance for the military which I have been in since 1980, and also a background check for the Fire Department. I called a lawyer who said he charges $1,000.00 but because I was a friend he would do it for $750 in installments. I decide to try for reprocity and have an appointment with a judge in his chambers this month. I got charactor statements from coworkers, neighbors and my wife plus I will bring the information about the lawyer and espongement and hopefully with all this I can reverse his decision without having to dish out $750.

[Al-Mumit]

Originally Posted by mrjam2jab

Did they fine you as well as deny you?

No actually. That's what I find interesting; how they pick & choose what they do no matter what the law says. I think if they fined LTCF denials as well as denied them against state law more than one person would've made a huge stink of it and ended the practice by now. Its scary getting denied honestly, knowing the PPD is willing to violate the law to get their way. It makes you wonder what else they're willing to do if you happen to take the stand against them... at least, that's how I'm sure some would look at it.

[exceltoexcel]

Originally Posted by Al-Mumit

My research into this continues; today I used some down time at the library to flip through the Philadelphia code. Section 1-111 titled "Fraud or Deceit in Obtaining Licenses or Permits" seems to be where the PPD draw their power of denial based on these grounds from (in violation of state law of course). This laws incompatibility with 6109E is interesting as it doesn't seem to have been the intent of the writers 1-111 to specifically derail LTCF applicants. Interesting how the PPD have twisted things and decided that the city code overrides state law, eh?

Sounds like you're doing your homework! I have a feeling you're going to be smiling from ear to ear once your done! Keep up the good work, I've learned that looking into the law can take hours of time to find tidbits of gold . I'm mor convinced that ever that you'll pull this off!

[ham385]

Originally Posted by GunLawyer001

There's nothing to stop the Philadelphia PD from rejecting him again a year later, for having the "bad character" of being a liar the first time. That's the whole point of the question, to give the PD an excuse to reject as many people as possible.

Think about it: being arrested is not something for which the PD is allowed to prohibit you, and they have access to your records anyway, so why is the question there?

Why hasn't anyone sued and asked for punative damages? They would apply in this circumstance since there is a pattern of willful disregard, correct?

Why hasn't a class action suit been filed? They've been doing this for years, correct? Must be a lot of people who've been denied for B.S. PA Right to Know should make that pretty easy to determine.

Maybe the OP should dangle that carrot in front of several hungry attorneys to see if any of them bite?

I'm no lawyer, but makes sense to me. Can someone explain? Are those cases too hard to win because of the judicial corruption in Philly?

[exceltoexcel]

i think the issue is more that the people rejected never complain. They just give up. If we had a list of people rejected we'd contact them and sue the crap out if Philly. The size of that smack down on a city with budget troubles would probably cause them to take half a step back before rejecting the next applicant on nonlegal grounds!

Originally Posted by ham385

Why hasn't anyone sued and asked for punative damages? They would apply in this circumstance since there is a pattern of willful disregard, correct?

Why hasn't a class action suit been filed? They've been doing this for years, correct? Must be a lot of people who've been denied for B.S. PA Right to Know should make that pretty easy to determine.

Maybe the OP should dangle that carrot in front of several hungry attorneys to see if any of them bite?

I'm no lawyer, but makes sense to me. Can someone explain? Are those cases too hard to win because of the judicial corruption in Philly?

[anonymouse]

Originally Posted by exceltoexcel

i think the issue is more that the people rejected never complain. They just give up. If we had a list of people rejected we'd contact them and sue the crap out if Philly. The size of that smack down on a city with budget troubles would probably cause them to take half a step back before rejecting the next applicant on nonlegal grounds!

Or the people rejected go get a FL permit instead. Remember that article a little while ago where the Philly DA was saying that there was a "loophole" that allowed people denied in Philadelphia to get a Florida permit/license?

Here it is:
http://forum.pafoa.org/pennsylvania-...y-permits.html (Next Target for Phila. DA: Falsified 'Carry' Permits)

Originally Posted by GunLawyer001

I don't know the details of the latest City scare tactic scam, but I'll point out that almost everyone who is legally allowed to possess a gun is also legally eligible for a PA LTCF. So there aren't a bunch of felons getting Florida permits and evading PA law; having that Florida license means squat if you're a prohibited person with a gun.

All this means is that the City's conspiracy to deprive Philadelphia residents of their rights under state law is being frustrated by citizens who are eligible but getting the runaround from corrupt City officials. It's an unintended consequence of poor municipal policy.

Why would a non-prohibited Philadelphia resident even NEED a Florida license, since the City is required to issue him one?

This is what people do. If the car ahead of you stops for no reason, you drive around him. If your checkout line is staffed by an angry moron of a clerk, you'll probably check out in the next line. When malicious "public servants" refuse to honor their obligations, smart citizens go somewhere else to get that to which they are entitled.

[Al-Mumit]

Picked up my record today. Turns out it wasn't expunged as my PO and the courts told me it would be when I turned 18 or 21. According to the woman at the front desk of 1801 Vine "They tell everyone that, I don't know why".

I wonder if this is why I have so much trouble finding a job? I always tell them I have no record, honestly thinking it was dead and buried... Either way, they gave the number to the public defenders office and said they'd help me get expungement. I suppose that's the next place I'm calling *sigh*

[exceltoexcel]

Originally Posted by Al-Mumit

Picked up my record today. Turns out it wasn't expunged as my PO and the courts told me it would be when I turned 18 or 21. According to the woman at the front desk of 1801 Vine "They tell everyone that, I don't know why".

I wonder if this is why I have so much trouble finding a job? I always tell them I have no record, honestly thinking it was dead and buried... Either way, they gave the number to the public defenders office and said they'd help me get expungement. I suppose that's the next place I'm calling *sigh*

Now that might cost you some cash! do whatever it takes and for this you really should have a lawyer unless they are trully helping you through the whole process. See what the DA says first he might be kind enough to take care of the whole thing but don't hold your breath!

[gbrown221]

you should file a pro se petition with proposed final order to expunge your arrest. fairly easy process in PA. most expungements in PA are non appearance hearings and granted if no objection is made. your arrest with a dismissal would be most likely be granted because the Commonwealth would most likely not have standing to object to your petition. check with Gunlawyer though!


greg

[pyld]

Originally Posted by Al-Mumit

If I lose, there's always a Florida permit, right?

If you are going that route (and your run-in as a kid is not disqualifying), I'd go Utah. FWIW.