DELCO LTCF application turnaround

[Little Cloud]

Ok, so I applied on Sept. 30th of this year for a LTCF.

I just got off of the phone with the lady who does the processing and she claims she will need another 10 days for processing.

On the Little Cloud LTCF calendar, today is the 57th day (including weekends).

I reminded her about the 45 day turnaround time and she told me this was an estimate because she is swamped with applications.

Between the State Police, the upcoming Thanksgiving holiday, internal processing (read : her), and the sheer amount of applicants, this lady didn't run out of excuses.

Am I missing something here? Is this lady blowing smoke where the sun doesn't shine?

From what I've found here on PAFOA the application time frame is 45 days, but I cant find anywhere that it states the actual law.

It just bugs me because I perceive the sheriff's office to have a laissez faire attitude without repercussion.

[BimmerJon]

Are they violating state law? Sure they are, probably over charged you too.

What can you do? I'm convinced at this point, nothing.

[FNG19]

I reminded her about the 45 day turnaround time and she told me this was an estimate because she is swamped with applications.

The law says that it's not an estimate. It is a statutory requirement not to exceed 45 days. Here's the relevant bit of law (I am not a lawyer):

18 PACS § 6109. Licenses:
...
(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.

[shortthrow50]

i just did my 3rd renewal a couple months ago in delawre county. I always got mine before 45 days including my original. I dont know what to say about your experience. If its the same girl, she probably cant hear you right over the phone becuase she is pretty much deaf

[kadar]

The law says that it's not an estimate. It is a statutory requirement not to exceed 45 days. Here's the relevant bit of law (I am not a lawyer):

She should also be reminded that the Sheriff has 10 days to do the PICS check. 6109(d)(5) >> 6111(b)(1.1)(iii)

[streaker69]

Maybe they are reading that statute that it's 45 days from the time that the investigation gets started, and if they haven't started it yet, the clock hasn't started.

Does the statute state that it's 45 days from the time the application is received by the office? The way it's worded in the above quote doesn't seem to make that clear.

Not saying it's right, but could be how they're interpreting it.

[kadar]

Need to read section g.

(g) Grant or denial of license.--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 on the basis of the investigation under subsection (d) and the accuracy of the information contained in the application. If the sheriff refuses to issue a license, the sheriff shall notify the applicant in writing of the refusal and the specific reasons. The notice shall be sent by certified mail to the applicant at the address set forth in the application.

Just simply submitting it starts the clock.

[Dannytheman]

Are they violating state law? Sure they are, probably over charged you too.

What can you do? I'm convinced at this point, nothing.

That has been my point all along. SUE the sheriff is all you can do.

Go get a lawyer. They will want $$$$ dollars to file and represent you. In the end you will get your license.

Waiting for the person who wants to sue?
















Cricket.... Cricket......

[Big Chuck]

They claim it to be business days. The law states 45 days. not 45 business days, but good luck convincing them they are wrong.

[Kurt_D]

Unfortunately, the current DelCo sheriff, McGinn, makes up his own rules (fee, processing time, references, etc.), as he goes along, and there seems to be no way to force him to comply with the statute (IIRC, the DelCo DA refused to do anything about it). Also, unfortunately, he won reelection in 2009 and won't be up again until 2013.

Short of him being convicted of malfeasance in office, we will probably be stuck with him until 2014. Lord only knows what the alternative might be.