Montgomery Co - Lower Merion LTCF Process

[MHavoc]

Montgomery county requires a local police check card to be completed for those townships that have their own police force. I began the process and submitted my local police check card to Lower Merion Township and they charged me $25 to complete the check. Once they complete their review, they will forward it to the County where I will be charged another $25 for them to issue the LTCF.

When Lower Merion indicated they were going to charge me, which I was unaware they were going to, I asked them how this complies with the state maximum fee of $25 for an LTCF when the County is the issuing authority and is charging the $25? Basically, I was told they would not complete the check without receiving payment. So as a resident of Lower Merion, it will cost you $50 to complete your application for a LTCF.

Am I missing something? I thought the total maximum for the LTCF was set by the State at $25. How the local police and the county sheriff divide the fee shouldn't be my concern. Now it looks like they have each justified that they can charge the state fee individually for the same license. I read Ironsights thread and there wasn't anything specific to Montgomery county. The few threads I could find from a couple of years ago indicated they were able to just drop off the local check card without charge.

§ 6109. Licenses.
(h) Fee.--
(4) No fee other than that provided by this subsection
or the Sheriff Fee Act may be assessed by the sheriff for the
performance of any background check made pursuant to this
act.

It seems to me, that Lower Merion is in violation of this section of the State law. Maybe they think since they are not the Sheriff's office, that this section does not apply to them.

Has this been other members experience? Any thoughts would appreciated.

[IronSight]

Montgomery county requires a local police check card to be completed for those townships that have their own police force. I began the process and submitted my local police check card to Lower Merion Township and they charged me $25 to complete the check. Once they complete their review, they will forward it to the County where I will be charged another $25 for them to issue the LTCF.

When Lower Merion indicated they were going to charge me, which I was unaware they were going to, I asked them how this complies with the state maximum fee of $25 for an LTCF when the County is the issuing authority and is charging the $25? Basically, I was told they would not complete the check without receiving payment. So as a resident of Lower Merion, it will cost you $50 to complete your application for a LTCF.

Am I missing something? I thought the total maximum for the LTCF was set by the State at $25. How the local police and the county sheriff divide the fee shouldn't be my concern. Now it looks like they have each justified that they can charge the state fee individually for the same license. I read Ironsights thread and there wasn't anything specific to Montgomery county. The few threads I could find from a couple of years ago indicated they were able to just drop off the local check card without charge.



It seems to me, that Lower Merion is in violation of this section of the State law. Maybe they think since they are not the Sheriff's office, that this section does not apply to them.

Has this been other members experience? Any thoughts would appreciated.

The fee is supposed to be $25 for the LTCF, and the Sheriff really doesn't have any authority to require you to obtain a "police check card". Until residents of the County actually stand up an demand that the Sheriff complies with the law nothings going to change.

One of your commissioners (I have to double check which one) is in agreement that current policies aren't right, but since the Commissioners hold no power over the Sheriff convincing the DA &/or solicitor to change the policy to comply with the law (or filing a court action to force them too) is the only real option left.

If you want to press the issue I can give you some pointers, but so far no one from your County on these forums has wanted to stand up address the problem, and I haven't been able to get a meeting arranged with the DA &/or solicitor yet.

[HiredGoon]

The illegal money-making scheme continues

[offshorebear]

The check card was free when I did mine a few years ago. They are really taking advantage of the situation.

I don't mind the check card system - it was faster and more convenient for me. (I'm a resident of Lower Merion officially)

[glockmaster]

My police check card was free as well but i got mine in Franconia.

[IronSight]

The check card was free when I did mine a few years ago. They are really taking advantage of the situation.

I don't mind the check card system - it was faster and more convenient for me. (I'm a resident of Lower Merion officially)

You're the first person I can recall saying it was faster. There have been others posting here about being delayed weeks for the extra police check to go through before the Sheriff would accept their application.

[HiredGoon]

...

I don't mind the check card system - it was faster and more convenient for me. (I'm a resident of Lower Merion officially)

Faster than what???

[offshorebear]

You're the first person I can recall saying it was faster. There have been others posting here about being delayed weeks for the extra police check to go through before the Sheriff would accept their application.

Faster than the neighboring counties that take the legal maximum days and then some. For me it took two weeks for LMPD to mail the card over to the sheriff, and as soon as the sheriff had it in hand, he called and said to come down.

Not as good as counties that let you apply online and then just have to make one trip to pick it up.

[MHavoc]

Is it everyone's opinion that I would have to approach the County or the Township's Solicitor? It would seem that there are at least two issues:

Township Level:
(1) Charging a fee for a background check that they are preempted by State Law from having in place.

County Level:
(2) Elimination of the Local Police Card Check from the Sheriff's requirements.

It would seem the first step would be to approach the Township Solicitor and request by what legal authority they are charging this fee. Hopefully, then getting them to rescind this fee.

The second issue, a bigger challenge, would be to approach the County Solicitor and find out how they justify this additional requirement legally when the burden is completely on the Sheriff's office as the issuing authority. Further, the law doesn't allow them to abdicate the background requirement to another entity or create another step in the process.

I can see, but I'm not in agreement with, that maybe 20+ years ago having input from the local police might have been helpful when they wasn't a centralized database on a person's criminal background. Let's face it, though, the local police, in Montgomery County, are just going to type the name into the system just like a Sheriff's Deputy would. There are too many people now for a local officer to know anyone specifically.... especially most law abiding citizens.

[Cruiser]

faster? Carbon county I filled out the form online,, printed it,, took it to the courthouse,, they ran the info.. I waited 15 minutes,, I came up clean as did my references,,(they knew them personally so I done think they even checked into them) and I walked out with a nice photo ID LTCF card.. no jumping through hoops..