Suspension of license (how to get it back)

[dricasunz]

On halloween night i decided to attend a friends birthday party cause i was in the area i parked my car in a parking lot on front and chestnut streeet. I got there around midnight and stayed til 2 when i came outside to my suprise someone had stolen my tahoe with all my valuable audio/video equipment and my ruger 9mm...i reported the incident immediately only to find out a few days later my license to carry had been suspended...i was wondering what could i do to get it back and how long does it normally take to get it back from a situation like this...Has this happened to anyone in this forum..please let me know...

[orangehole]

Wow what a bummer. Was this in Philadelphia county where your permit was issued? I can't see what right they have to suspend your permit because of a theft. Something seems wrong here

[dgg9]

This kind of abuse is standard practice by PPD. I have heard of exactly this happening at least a half dozen times in the last few years.

The short answer: hire a lawyer.

[LittleRedToyota]

yes, the PPD is notorious for such abuses...and i've never heard of them actually giving an LTCF back.

someone has to stand up to them, and get the courts to force them to stop.

the problem, though, is that many of the judges in the area may well be very anti-gun themselves and not above abusing their power to help the PPD abuse it's power.

in any case, you definitely need a lawyer.

[LorDiego01]

The moral of the story..

"never leave your gun in the car"

[Rule10b5]

Originally Posted by dricasunz

On halloween night i decided to attend a friends birthday party cause i was in the area i parked my car in a parking lot on front and chestnut streeet. I got there around midnight and stayed til 2 when i came outside to my suprise someone had stolen my tahoe with all my valuable audio/video equipment and my ruger 9mm...i reported the incident immediately only to find out a few days later my license to carry had been suspended...i was wondering what could i do to get it back and how long does it normally take to get it back from a situation like this...Has this happened to anyone in this forum..please let me know...

You're going to need to hire a lawyer and file in Philadelphia's Court of Common Pleas and whomever suspended your permit is going to have to make a proffer of good cause.

Basically, your lawyer will file what is essentially a mini-suit/appeal that orders the suspending agency to appear and show cause. I'm assuming your permit was signed-off on by the PPD and suspended by the same. If you'd had another county's permit, you'd be in better shape, because there would be a jurisdictional question regarding authority to suspend. Personally, I've always thought this sort of suspension is bullshit and a waste of time.

The law under which the PPD acted is set forth, here (I assume linking to other sites is ok -- if not mods please delete): http://members.aol.com/StatutesP7/18PA6109.html

In particular, see subsection (i) Revocation and (e)(1) Issuance.

There are a couple of guys affiliated with Delaware County Field and Stream who do gun permit denials and suspensions. If you're a club member, they can do it at a discount. Otherwise, pretty much any old criminal defense lawyer in the city can do the trick.

You're in decent shape if the only issue is that you left it in the car. The lawyer for the city will attempt to show that your act of leaving the gun in the car was "dangerous to public safety" and that you're likely to do so again. Silly argument, but you're going to have to fight it if you want your permit back.


Edit to add: Get a "fixed" fee agreement with a lawyer if you can. This isn't a major type of case -- it's "cookie cutter" as far as lawyering goes. Once you've done one, you can do them all. Do not agree to pay an open ended hourly rate. Ask for an up front "all reasonable fees and costs" price. A trained monkey could do one of these cases. To be honest, you could do it yourself, but the reason why you hire a lawyer is because it makes you look "serious." If it's just Joe Schmoe coming in to argue his own case, you have zero credibility with the court and you're going to (likely) lose -- no matter how good your argument is. And the faster you file, the better. If you drag it out, you lose credibility. Call a lawyer. Now

[GunLawyer001]

If it's in Philadelphia, the first appeal is to the Board of Licenses and Inspections (it's the City, they're weird).
The police have the forms for filing, but you'll need a gun lawyer, not just a criminal defense lawyer. The cops will use the "character & reputation" excuse, which doesn't really apply, but you'll need expertise on arguing against it. Jon Mirowitz does this sort of thing in Philadelphia a lot, he's in the phone book.
You may have as few as 20 days from the date of the letter to file the appeal, under the PA statutes governing appeals from admin decisions. Don't dawdle.

[Lougotzz]

In NY you would have lost your gun permit. That is linked to(1 license) carry(with or without restriction depending on county). In NY this means you can not even own a handgun. You need the permit for possession as well as carry.

These NY laws are what makes me a paranoid nut. I dont leave a firearm in my car unless absolutly unavoidable. Even then it is bolt to the car frame. You are in Philly you should have been one step a head of these guys. Criminals and police.

This is the same mentality of NY. They will break your shoes but they will not look for the criminal who stole your stuff.

If this state ever becomes like philly I will move again. It brings back real bad memories of the past dealing with this mentality.

[Rule10b5]

Originally Posted by GunLawyer001

If it's in Philadelphia, the first appeal is to the Board of Licenses and Inspections (it's the City, they're weird).
The police have the forms for filing, but you'll need a gun lawyer, not just a criminal defense lawyer. The cops will use the "character & reputation" excuse, which doesn't really apply, but you'll need expertise on arguing against it. Jon Mirowitz does this sort of thing in Philadelphia a lot, he's in the phone book.
You may have as few as 20 days from the date of the letter to file the appeal, under the PA statutes governing appeals from admin decisions. Don't dawdle.

BLI is doing them? Color me surprised!

Kinda funny that the same agency that reviews building code violations is first instance for permit revocations. Not the case out here in the boonies

There is still de novo review as of right to Common Pleas in Phila county if BLI upholds the revocation, right (and then again to Commonwealth)?

[GunLawyer001]

Yes, L&I handles these; here's a link (do links work on this site? Let's find out...)

http://www.phila.gov/li/units/admin.html

It's buried in the fine print, "Board of License and Inspection Review
Appeals of License and Firearm Permit disapproval as well as Health and Property Maintenance Code violations."