Because it Pisses me off

So, I just drafted the following email to the Chester County Sheriff. It pisses me off that I wasn't able to get a non-res LTCF from the county I grew up, and conceivably would still being living in if I had not joined the USAF. So here is what I sent, input would be appreciated. Here it is:


First and foremost, I want to say that while I do not currently reside in
Chester County, I grew up there and still have family there and the only
reason I do not hold a physical residence in the county is due to my
military service. With that said, you could imagine my shock when I
attempted to obtain a non-resident LTCF from my home county but was informed
that Chester County did not issue non-resident permits. Since the Sheriff
is on the record as supporting the Constitutions of the United States and
the Commonwealth of Pennsylvania as well as the laws, passed by the
legislature, of the Commonwealth.

Why then does the Chester County Sheriff's Office not follow 18 Pa.C.S. §
6109: Licenses

Specifically the following provisions:

(b) Place of application.--An individual who is 21 years of age or older
may apply to a sheriff for a license to carry a firearm concealed on or
about his person or in a vehicle within this Commonwealth. If the applicant
is a resident of this Commonwealth, he shall make application with the
sheriff of the county in which he resides or, if a resident of a city of the
first class, with the chief of police of that city.
(e) Issuance of license.--
(1) A license to carry a firearm shall be for the purpose of carrying a
firearm concealed on or about one's person or in a vehicle and shall be
issued if, after an investigation not to exceed 45 days, it appears that the
applicant is an individual concerning whom no good cause exists to deny the
license. A license shall not be issued to any of the following:
(ix) 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).

Cleary PA laws allows for issuance of non-resident LTCF's in that is
mentions specifically non-residents as well as mandates a requirement for a
resident state permit, if issued. It is clear the legislative intent is for
PA to issue non-resident permits. That coupled with the shall issue
requirement seems to identify a violation of those provisions by not issuing
a permit to a non-resident, not otherwise prohibited by law, soley based on
them not being a physical resident of the Commonwealth. Furthermore,
non-resident status does not warrant invocation of the "character clause" to
justify denial.

Thank you for your time and I look forward to hearing from you regarding
this matter.


V/r
AFCop, TSgt, USAF

Good luck. In my opinion the sheriff is operating outside his legal authority to refuse you, regardless of where you grew up.

Email traffic (from a Cpl in the Sheriff Department and my reply to him)

Thank you for the offer but I am currently deployed to Afghanistan and
already obtained a non-resident through Lancaster County, I wasn't looking
for any special treatment, I just don't understand the policy especially
considering the Sheriff's constitutional views (however her comment
pertaining to allowable incursions bothers me as well).

Thank you for your willingness to help me out but that doesn't resolve the
underlying problem.

V/r
AFCop, TSgt, USAF



-----Original Message-----
From: Kusnersyk, Joseph [mailto:jkusnersyk@chesco.org]
Sent: Monday, March 04, 2013 6:47 PM
To: Armentrout, Bryan S TSgt USAF AFCENT 455 ESFS/S3
Subject: [UNSIGNED MSG] License to Carry

WARNING!! THE EMAIL MESSAGE YOU RECEIVED HAS COME FROM AN UNSIGNED SOURCE.
PLEASE VALIDATE THE ORIGINATOR PRIOR TO CLICKING ON ANY HYPERLINKS AND/OR
OPENING ANY ATTACHMENTS. WARNING!!

Sgt. AFCop,

Please stop in and fill out an application. I would be honored to help you
out.

Thank you,

Cpl. Joe Kusnersyk

Seal Team One



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I'm a little confused here. So if you're currently in Afghanistan, what is your USA state of residence?

If it is a state other than PA, do you have a carry permit from that state, if they issue one?

My state of residence is Va now, thanks to the USAF and I do have a VA CHP as well as got a LTCF from Pa but it just pisses me off that Chesco wont issue non-res and signed on as one of the Sheriffs that "Support the Constitution"... Really just trying to call her on the hypocrisy and hoping maybe they will change their position... Doesn't ever hurt to try.

OK, got it. Yeah, really sux that some sheriffs can get away with the crap they do.

I thought that Virginia and Pennsylvania had reciprocity. If they do, why do you need a Pennsylvania LTCF?

Quote:

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Originally Posted by Grey Bearded One

I thought that Virginia and Pennsylvania had reciprocity. If they do, why do you need a Pennsylvania LTCF?

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Federal Gun Free School Zone.

Quote:

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Originally Posted by t1066

Federal Gun Free School Zone.

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Yes and because I am from Pa and I wanted one. On a different note,

I got this after my reply.... Its a step forward.......



Sir,
In reply to you concerns. The Sheriff informed me that all service men who are non-residents will be eligible to apply/receive a "License to Carry" from Chester County. She stated that is the least that we can do for our service personnel. This was after we have spoken to you.
Sorry for the inconvenience. Be safe.
Cpl. Joe Kusnersyk

It is still unlawful selection in my opinion. That kind of discretion is borderline discrimination.