Filled Out Form for "Police Check Card" Today

[marks]

The Montco County Sheriff's Office requires that the application for permit to CCW be accompanied by my local PD's "Police Check Card". Apparently, each Sheriff/County can set their own requirements. Seems odd to me, but without it - no permit. Anyway, step 1 is complete. When they call me to pick up the check card, I'll head to the Courthouse. I really don't intend to carry often, if at all, but having the permit's better than not having it.

[ddefazio]

It is pretty frustrating that we have to go and get a local police check card before we get our License to Carry Firearms. Enjoy your freedom...

[MDJschool]

The police check card system is a SCAM run by one (or more?) sheriff's office that would not seem to in any way help you and only chance harm you, yet it would not appear to have any basis in law!

18 Pa.C.S. 6109(b): "[A] resident of this Commonwealth . . . shall make application with the sheriff of the county in which he resides[.]"
18 Pa.C.S. 6109(c): "The application for a license to carry a firearm shall be uniform throughout this Commonwealth and shall be on a form prescribed by the Pennsylvania State Police . . . not exceeding one page[.] . . . Issuing authorities shall use only the application form prescribed by the Pennsylvania State Police."
18 Pa.C.S. 6109(h)(5): "The [§ 6109(h)(1)] fee is payable to the sheriff to whom the application is submitted and is payable at the time of application for the license."
18 Pa.C.S. 6109(g): "Upon the receipt of an application for a license to carry a firearm, the sheriff shall, within 45 days, issue or refuse to issue a license[.]"

The PSP generates and distributes the one-page license application form and will send them to any sheriff that requests. That means you have to do nothing more than tender the one page application and the $25 and the sheriff MUST issue you a license unless you are prohibted by an (e)(1) reason or because of 'accuracy of application'. Determining that accuracy is not really your problem, because your duties are set out at (b) and (h)(5); the sheriff's duties are set out in part at (d).

So you are presented with an option to keep the sheriff aligned with law: you can call his office and tell him you want to speak to him for no more than 5 minutes about the licensing process, with the actual plan to meet him in person and tender him a one page application with $25 and a copy of § 6109 to remind him why this is all you are presenting, and why he must act in 45 day upon it, and then be prepared to appeal his denial or failure to grant/deny within 45 days to the court of common pleas.

[marks]

It is pretty frustrating that we have to go and get a local police check card before we get our License to Carry Firearms. Enjoy your freedom...

Yes, but it is just a minor inconvenience. It could be a lot worse (in other states).

[MDJschool]

Yes, but it is just a minor inconvenience. It could be a lot worse (in other states).

Yet it could be a lot better, and public officials could just uphold their oaths to the PA constitutional provisions at Article I, § 1, 21, and 25. No one would ever get arrested for carrying without a license and licenses would be issued forthwith (probably generally for reciprocity purposes).

[ddefazio]

Yes, but it is just a minor inconvenience. It could be a lot worse (in other states).

I am sure that it started with little things like this that eventually led to states like NJ and NY.

[marks]

The police check card system is a SCAM run by one (or more?) sheriff's office that would not seem to in any way help you and only chance harm you, yet it would not appear to have any basis in law!

18 Pa.C.S. 6109(b): "[A] resident of this Commonwealth . . . shall make application with the sheriff of the county in which he resides[.]"
18 Pa.C.S. 6109(c): "The application for a license to carry a firearm shall be uniform throughout this Commonwealth and shall be on a form prescribed by the Pennsylvania State Police . . . not exceeding one page[.] . . . Issuing authorities shall use only the application form prescribed by the Pennsylvania State Police."
18 Pa.C.S. 6109(h)(5): "The [§ 6109(h)(1)] fee is payable to the sheriff to whom the application is submitted and is payable at the time of application for the license."
18 Pa.C.S. 6109(g): "Upon the receipt of an application for a license to carry a firearm, the sheriff shall, within 45 days, issue or refuse to issue a license[.]"

The PSP generates and distributes the one-page license application form and will send them to any sheriff that requests. That means you have to do nothing more than tender the one page application and the $25 and the sheriff MUST issue you a license unless you are prohibted by an (e)(1) reason or because of 'accuracy of application'. Determining that accuracy is not really your problem, because your duties are set out at (b) and (h)(5); the sheriff's duties are set out in part at (d).

So you are presented with an option to keep the sheriff aligned with law: you can call his office and tell him you want to speak to him for no more than 5 minutes about the licensing process, with the actual plan to meet him in person and tender him a one page application with $25 and a copy of § 6109 to remind him why this is all you are presenting, and why he must act in 45 day upon it, and then be prepared to appeal his denial or failure to grant/deny within 45 days to the court of common pleas.

I totally understand, and yes, I have read (here) before that there's (apparently, because I'm not a Lawyer) no basis in law for this requirement. Then again, I was under the impression that the Sheriff can approve or deny a permit soley at his/her discretion. So, this comes down to choosing my battles, and irritating the person that's going to (I expect) issue the permit, isn't at the top of my list.

[MDJschool]

I am sure that it started with little things like this that eventually led to states like NJ and NY.

Indeed, incrementalism is a favorite tool of tyrants because it does not rouse the people even if they purport to take issue with it while it advances the end of tyranny.

[marks]

I am sure that it started with little things like this that eventually led to states like NJ and NY.

Good point.

[ddefazio]

Either way I am glad that another neighbor of mine is going to be carrying in Horsham. Do you shoot local?