Re: My concealed carry permit applictaion was denied???
good news and bad news.... I got a response from the PSP yesterday and it said I was denied because I had a drug/possession/device charge in 2006. The good news is, I was still on probation at that time for my 2004 underage and was not charged with any drug charges, I also went into the army around that time. So I am going to contact my old probation officer and find out if my juvenile record can be expunged and also why it says i had a drug charge in 06 and go from there. My letter states that I can send anything about the incident in my favor and the PSP has 60 more days to make a decision, so I am going to see if probation can send something to the PSP saying there was never a charge in 06.
Re: My concealed carry permit applictaion was denied???
Yet you still admit to being charged, although you were not tried because of probation? or you took the initial charge and ran with it...
Re: My concealed carry permit applictaion was denied???
Quote:
Originally Posted by
40calkid
good news and bad news.... I got a response from the PSP yesterday and it said I was denied because I had a drug/possession/device charge in 2006. The good news is, I was still on probation at that time for my 2004 underage and was not charged with any drug charges, I also went into the army around that time. So I am going to contact my old probation officer and find out if my juvenile record can be expunged and also why it says i had a drug charge in 06 and go from there. My letter states that I can send anything about the incident in my favor and the PSP has 60 more days to make a decision, so I am going to see if probation can send something to the PSP saying there was never a charge in 06.
I suppose you're now just updating us for our benefit about your experience instead of looking for help, but I'm going to make a point to anyone reading this thread if they come up with their own denial experience to post about: it's not the time to play fast and loose with words and characterizations of your official documents because it ends up wasting a lot of people's time on speculation (also saving 10s of pages of thread...)
So if you care to entertain us, what did the PSP actually send you? You told us you got a firearm with no issue, so my guessing here is just going to involve 18 Pa.C.S. 6109. There's not really a 'drug/possession/device' charge.
Based on the what's before us, the only thing that could POSSIBLY make sense here for a charge and not a conviction that allowed you to buy a firearms through PICS but not get an approval for an LTCF is the following 6109(e)(1) reason:
(viii) 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).
Except that we know that offenses such as 35 Pa.C.S. 780-113(a)(31)(i) (minor marijuana possession) and 35 Pa.C.S. 780-113(a)(32) (possession of drug paraphernalia) only carry max sentences of not-exceeding-1-year or less than that, per 35 Pa.C.S. 780-113(g) and (i).
My biggest question is how many pieces of paper you got in the envelope upholding your denial. 1, the letter itself? 2 or more, containing supporting documentation?
What word did they actually use to characterize whatever offense or offenses were involved that help constitute a denial? "Arrest"? "Charge"? "Information or Indictment"? "Conviction"/"Convicted"? "Sentenced"? The difference between arrest/charge/information/indictment and conviction/sentenced changes our understanding and response. Did they actually provide citation for any of the offenses they alleged or did they just give them 'by name'?
Did they cite the (e)(1) reason that actually demanded they not give an approval number? There's a difference between PSP doing whatever they want and PSP doing something in accordance with what appears to be statutory law, the former not actually requiring someone to send them an explanation for what they found since what they found isn't even a deniable reason. (Before anyone wants to say a single allegation of a CSDDCA is somehow prohibiting via (vi), that section says "is an unlawful user" rather than "is suspected to be an unlawful user", and that an element of every offense is that the defendant is the person who committed the crime, something that by the very nature of probable cause does not attempt to ensure that is the case.)
Re: My concealed carry permit applictaion was denied???
I saw his letter the other day and I believe he only got 2 papers in the envelope. One had his name and stuff at the top and I believe it has a charge pa 18 ******. The letters JV were in the charge which I can only assume means juvenile? Note this letter was dated 9/2006. the second letter basically said that he was charged with a drug/possession/device charge which was dated 2007. It than stated that because of his charge it was withholding him from being approved for his LTCF. It than stated that he could send in any evidence proving his case. He has already ordered a background check from the police which has yet to arrive. If the charge does not show up on his background check, I guess he could mail a copy of the background check to them and file an appeal. I am not really sure how all this works.
My question is, do juvenile records get expunged automatically or is that something that you have to have done? If they do get expunged automatically after 5 years I can assume that all he would have to do is wait till 5 years have passed an reapply. Or does the fact that they are drug charges indefinitely limit his possibility of ever obtaining a LTCF?
Re: My concealed carry permit applictaion was denied???
by the way... I received a docket number with the PSP letter, tried to find the charge using the docket number and no results....and yes I did admit to being charged with underage and being on probation but i never admitted to being charged with drugs. My previous post about the paraphernalia was in 2004 which obviously I wasn't charged with, this says 2006.
Re: My concealed carry permit applictaion was denied???
Hi guys,
I just want to clear someting up here, when you say
charges do you mean convictions? I just dropped my
app. For my ltcf in Monroe and all it asked was if I had any convictions.
The reason I ask is because in new york, they ask if
you have ever been arrested, even if the case was dismissed
you must track down all court paperwork and dispositions
complete with raised seals.
Could something like that be going on here?
Anyway, that's all I have to add,
hope it works out for the op
Chris
Re: My concealed carry permit applictaion was denied???
Quote:
Originally Posted by
40calkid
by the way... I received a docket number with the PSP letter, tried to find the charge using the docket number and no results....and yes I did admit to being charged with underage and being on probation but i never admitted to being charged with drugs. My previous post about the paraphernalia was in 2004 which obviously I wasn't charged with, this says 2006.
So the PSP didn't cite which (e)(1) reason prohibits them from giving the sheriff an approval number and they are stating you had been charged for some CSDDCA offense, the facts and prosecution for which you are completely unaware? Does it say what county this originated in?
Again, I find this all quite odd for a drug possession charge without a conviction.
Re: My concealed carry permit applictaion was denied???
Its late now I will update tomorrow with the actual letter from the PSP.. but by charges I mean convictions. And forget about everything I posted earlier about my past just for a minute... The letter says a drug conviction from 06.... I was not convicted of anything in 06...i was in the army. the docket number they gave me is not turning up any results anywhere. I think it may be a mistake and I am going to contact my old probation officer from when I was charged with underage about it because I was on probation for an underage at the time that this alleged drug conviction happened. hopefully everything plays out... I wouldn't waste everyone's time on here if i knew what it was our was a fuck up trying to get a LTCF sorry for this extravagant case thanks for everyone's help
Re: My concealed carry permit applictaion was denied???
where you even arrested in 2006 for drugs? Maybe not convicted but arrested for it?
Re: My concealed carry permit applictaion was denied???
The last time I was arrested was 04 for underage.