Are there any laws

[RugerFan]

Are there any laws In the UFA that prohibit cites from making their own gun laws? Preferbly pertaining to the LTCF. Thankx

[knight0334]

Originally Posted by RugerFan

Are there any laws In the UFA that prohibit cites from making their own gun laws? Preferbly pertaining to the LTCF. Thankx

Yes. The Pennsylvania General Assembly enacted complete preemption on gun laws. ....except locals can still regulate discharging of firearms - except for hunting purposes(so long as you meet game law regulations for safety/distances).

§ 6120. Limitation on the regulation of firearms and
ammunition.
(a) General rule.--No county, municipality or township may
in any manner regulate the lawful ownership, possession,
transfer or transportation of firearms, ammunition or ammunition
components when carried or transported for purposes not
prohibited by the laws of this Commonwealth.
(a.1) No right of action.--
(1) No political subdivision may bring or maintain an
action at law or in equity against any firearms or ammunition
manufacturer, trade association or dealer for damages,
abatement, injunctive relief or any other relief or remedy
resulting from or relating to either the lawful design or
manufacture of firearms or ammunition or the lawful marketing
or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to
prohibit a political subdivision from bringing or maintaining
an action against a firearms or ammunition manufacturer or
dealer for breach of contract or warranty as to firearms or
ammunition purchased by the political subdivision.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Dealer." The term shall include any person engaged in the
business of selling at wholesale or retail a firearm or
ammunition.
"Firearms." This term shall have the meaning given to it in
section 5515 (relating to prohibiting of paramilitary training)
but shall not include air rifles as that term is defined in
section 6304 (relating to sale and use of air rifles).
"Political subdivision." The term shall include any home
rule charter municipality, county, city, borough, incorporated
town, township or school district.
(Oct. 18, 1974, P.L.768, No.260, eff. imd.; Dec. 19, 1988,
P.L.1275, No.158, eff. 180 days; Oct. 4, 1994, P.L.571, No.84,
eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. imd.)

1999 Amendment. Section 9 of Act 59 provided that the
amendment of section 6120 shall apply to all actions pending on
or brought after the effective date of the amendment of section
6120.

[RugerFan]

Great post Knight that was one of the laws I was looking for. But I'm really looking for a law that would show what Philadelphia is doing is illegal. Namely the Illegal interveiw they give you after you have filled out the legal state application for a LTCF

[knight0334]

The requirements for getting a LTCF are laid out in the law at the following link.

While the law says certain things - its very possible for sheriffs/chief of police to claim an interview is required to get better knowledge of your character. ....and would probably stand up in a court.


http://www.frontlinearmory.com/misc/paoc/ufa.html#6109

[RugerFan]

But the law states that they shall use only the application form prescribed by the PSP. The backround checks and the 2 references are the only way by law that they can get better knowledge of my character right.

[knight0334]

As much as we all feel an interview is excessive - it could very well be justified under (d)(3).

If there is anything else on the form itself beyond the PSP's design - it could be contested.

You have my moral backing if you wanna challenge the interview. But if I were to bet money on it, I'd have to put down on the Chief of Police's side.

[RugerFan]

thankx Knight for being honest. I don't have the money for a lawyer so I'm trying to appeal my LTCF denial myself and I'm looking for ways to debunk Philadelphia

[RugerFan]

but wait Knight, it states at the sheriff to whom the application is made shall do the investigation, not some cop

[knight0334]

The Chief of Police's denial letter is legally required to state the reason of the denial. You should focus on challenging that specifically.

[RugerFan]

that's what i'm doing, it stated that i failed to give accurate and truthful answers and that I'm a danger to public safety.