permit

[troy]

Hi,
I went to Philly to visist my Mother and had my gun stolen out of my car in Philly last week and when I reported it that morning the Detective took my license to carry and told me I would not get it back and it would be sent to the county where I live (Lycoming) with the recomendation that it be revoked. I really do not understand why this is being done, I committed no crime. I did not know that you can't leave a gun in the glove box, even though I did not do it on purpose. I put it there because I did not what to keep it on my person because it is too uncomfortable. I had planned to go back out in about a hour and so I left it there. Do you haev any information on this?

[dgg9]

PPD have no basis to do this. However, you need a lawyer. Get one NOW.

[The Drew]

The mistake you made is that you reported it to the philly police... Technically I believe a stolen handgun should be reported to the state police, and let them handle it from there.

The gun is gone, no chance it'll be recovered any time soon. Just should've called state police to report it stolen so they can enter it into their database...

[danp]

You can fight the revokation, and you will win. Unfortunately it will take time and money.

The same thing happened to a friend of mine who had a gun stolen from his house.

I wish I had more concrete suggestions for you but I am not fully informed of the process for fighting revokations, I'm however going to do a little research and see what I can find.

[danp]

Revocations are covered by Title 18 Chapter 61 Subchapter A § 6109 (Licenses)

Originally Posted by Title 18 Chapter 61 Subchapter A § 6109 (i)

Revocation.--A license to carry firearms may be revoked by the issuing authority for good cause. A license to carry firearms shall be revoked by the issuing authority for any reason stated in subsection (e)(1) which occurs during the term of the permit. Notice of revocation shall be in writing and shall state the specific reason for revocation. Notice shall be sent by certified mail, and, at that time, a copy shall be forwarded to the commissioner. An individual whose license is revoked shall surrender the license to the issuing authority within five days of receipt of the notice. An individual whose license is revoked may appeal to the court of common pleas for the judicial district in which the individual resides. An individual who violates this section commits a summary offense.

Basically they can revoke your permit for the same reasons they would have disqualified you for originally which are:

Originally Posted by Title 18 Chapter 61 Subchapter A § 6109 (e)(1)

1. An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.
2. An individual who has been convicted of an offense under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
3. An individual convicted of a crime enumerated in section 6105.
4. An individual who, within the past ten years, has been adjudicated delinquent for a crime enumerated in section 6105 or for an offense under The Controlled Substance, Drug, Device and Cosmetic Act.
5. An individual who is not of sound mind or who has ever been committed to a mental institution.
6. An individual who is addicted to or is an unlawful user of marijuana or a stimulant, depressant or narcotic drug.
7. An individual who is a habitual drunkard.
8. An individual who is charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year except as provided for in section 6123 (relating to waiver of disability or pardons).
9. A resident of another state who does not possess a current license or permit or similar document to carry a firearm issued by that state if a license is provided for by the laws of that state, as published annually in the Federal Register by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury under 18 U.S.C. 921(a)(19) (relating to definitions).
10. An alien who is illegally in the United States.
11. An individual who has been discharged from the armed forces of the United States under dishonorable conditions.
12. An individual who is a fugitive from justice. This subparagraph does not apply to an individual whose fugitive status is based upon nonmoving or moving summary offense under Title 75 (relating to vehicles.)
13. An individual who is otherwise prohibited from possessing, using, manufacturing, controlling, purchasing, selling or transferring a firearm as provided by section 6105.

As far as I can tell, none of those apply to you so I would follow the instructions in the second bolded sentence and start the appeal process.

Again, if you can afford a lawyer it probably couldn't hurt. I'd also love to see the city sued over these BS revocations.

[JasonB]

As I read it, the Detective had no right to confiscate your permit. If I read the law correctly, to revoke it, they must notify you by certified mail. You should file a complaint against his supervisor and demand your permit back until you are so notified by your home county.

[junyo]

As a recent resident of PA, I find the array of petty official tyrants in this state amazing. You're the victim of a crime, and the official response of the government representative sent to assist you is piling on. You should've said "Whatever, Badge Boy, just go do what I pay you for and find my gun. And no stopping for donuts." Although that probably wouldn't have helped the situation.

[billy870m9]

i think it does stink that you are going through this.....but i have to bring up the question.......troy why would you carry a gun on you, leave it in your car?? im assuming loaded.....if its uncomfortable to carry your gun either A. buy a new smaller one B. get more used to carrying it or C. leave it at home.....beacuse you felt uncomfortable, some thug has the gun that you bought for self defence and will prolly use it for illegal purposes.......i can see both points of view on this......you shouldnt have left your gun in the car and the cop shouldnt have taken your licence away right then and there.... i have to leave my gun in the car only when working, i have a small lock box in my trunk and it has dirty work shirts and oily rags on top of it.....heck someone might have seen you put your gun in the glove box.........if your going to leave your firearm in the car, try to make it as had to find or undesirable as you can.......my trunk is the choice of 1000 dollars worth of subs and amps or dirty work shirts and rags.....just my opinion

[Steve in PA]

Originally Posted by troy

Hi,
I went to Philly to visist my Mother and had my gun stolen out of my car in Philly last week and when I reported it that morning the Detective took my license to carry and told me I would not get it back and it would be sent to the county where I live (Lycoming) with the recomendation that it be revoked. I really do not understand why this is being done, I committed no crime. I did not know that you can't leave a gun in the glove box, even though I did not do it on purpose. I put it there because I did not what to keep it on my person because it is too uncomfortable. I had planned to go back out in about a hour and so I left it there. Do you haev any information on this?

I'm sad to say, that the vast majority of Philly cops have no idea abou tthe guns laws of the state. They think all guns are bad. He was wrong to take your LTC. Actually, he had no authority to take it. You did noting legally wrong by leaving the handgun in the vehicle, however it is not a wise choice, especially in Philly.

[FlyinGN]

I agree with billy..

Originally Posted by billy870m9

i think it does stink that you are going through this.....but i have to bring up the question.......troy why would you carry a gun on you, leave it in your car?? im assuming loaded.....if its uncomfortable to carry your gun either A. buy a new smaller one B. get more used to carrying it or C. leave it at home.....beacuse you felt uncomfortable, some thug has the gun that you bought for self defence and will prolly use it for illegal purposes.......i can see both points of view on this......you shouldnt have left your gun in the car and the cop shouldnt have taken your licence away right then and there.... i have to leave my gun in the car only when working, i have a small lock box in my trunk and it has dirty work shirts and oily rags on top of it.....heck someone might have seen you put your gun in the glove box.........if your going to leave your firearm in the car, try to make it as had to find or undesirable as you can.......my trunk is the choice of 1000 dollars worth of subs and amps or dirty work shirts and rags.....just my opinion