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My father in law applied for a LTCF a while back. The other day I asked if he ever got it. He told me that he was denied. How long do I have after his denial to convince him to fight it? How does he appeal? Is there a standard form, or do I need to get a lawyer involved?
I haven't gotten a look at the letter yet to see if it lists a reason.
It's best to ask that question to a lawyer.
IANAL, but I believe that the appeal must be filed within 30 days.
I've actually heard two different legal opinions on this. The attorney who handled my revocation assumed a 30-day window, which according to him, is standard for all other types of license revocations (he could cite no source that clearly stated this applied to LTCF revocations). However, while involved with Gary Young's revocation, I learned that his attorney said there is NO limit on when an appeal can be filed, as there is no limit specified in the UFA. His attorney is well-known for his practice in firearms-related cases, and came recommended by Kim Stolfer.Quote:
Originally Posted by djturnz
The UFA does not specifically address denials, but states that a revokee "may appeal to the court of common pleas for the judicial district in which the individual resides." AFAIK, the standard school of thought is that this applies to denials as well. This is also the avenue that Damage Control began to pursue before his Sheriff reversed his decision and issued him a license. Some Sheriff's purport to have their own 'appeal' procedure, which to me, seems like a major conflict of interest, as you're merely relying on the very authority you disagree with to basically change their mind. Bringing the matter before the court provide a more certain chance of an impartial decision (IMO).Quote:
Originally Posted by djturnz
No. See above.Quote:
Originally Posted by djturnz
IMO, yes. See above.Quote:
Originally Posted by djturnz
Again, this isn't specifically addressed in the UFA, but following the same practice as revocation, it is my belief that denial letters must be sent via certified mail, and must contain a specific reason for the denial (and this reason must be one of the specified items from §6109(e)).Quote:
Originally Posted by djturnz
you have 30 days to file the appeal and if you werent convicted its possible they can give you a reversed denial cuz i know someone who had been flagged and still had the reversed denial approved.
I also delt with a denial. I picked up the standard appeals form.You then need to go to your local sheriff's dept. and get a personal backround check.With this form, you get a page for your finger prints.(after printed ,You then need to then send it off ,I don't remember where but they will give you all the info when you pick up the form. The form can be obtained where you were denied,local gun dealer,sheriff's Dep. ,etc.
The whole thing took about 4 weeks and no,they will not tell you why you were denied,that'll show up on your personal backround check if there is anything. After that,I was issued a special ID no. so this will not happen again.
Can't remember all the details but you can get all the particulars at the gun dealer or sheriff's Dep.. Do it.it is no big deal and happens all the time.
Dude... did you look at the date on the thread? It's from last November ;)Quote:
Originally Posted by TXDMERC73
I think that if they were going to appeal, they would have already - plus Greg already outlined what needs to be done. ;)
If you appeal a denial s there a time limit when you can reapply? When does the time to reapply start? From your initial denial date or when you have exhausted your appeals?
You must wait one year. Based on the wording of the statute referencing "a judgement", I would say that year starts when the initial verdict is issued on the appeal, even if the appellant continues up the judicial ladder with further appeals if he loses the first one.Quote:
§ 6114. Judicial review.
The action of the chief of police, sheriff, county treasurer
or other officer under this subchapter shall be subject to
judicial review in the manner and within the time provided by 2
Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local
agency action). A judgment sustaining a refusal to grant a
license shall not bar, after one year, a new application; nor
shall a judgment in favor of the petitioner prevent the
defendant from thereafter revoking or refusing to renew such
license for any proper cause which may thereafter occur. The
court shall have full power to dispose of all costs.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
I do not think that getting n attorney at this time would be worth-while. It would be expensive. There is a procedure for appealing the decision. It will take some work and some time, but can be done. It took me 3 months to get my LTCF. You have to deal with government workers but I think that they are fair. Not as fast as you would like.Quote:
Originally Posted by indiandave
ken