Creating the seemingly innocuous Uniform Licensing Act of 2011

[MDJschool]

18 Pa.C.S. 6109, as it has reached today, is poorly written and inconsistent in its reference of lack thereof to certain officials and certain duties. The idea is to create a bill which fixes the language to maintain uniformity amongst the commonwealth as to the duties of officials, and who whose officials are actually suppose to be. It will functionally deprive Philadelphia of all its perceived powers but should appear to do that minimally. Other substantive changes to the LTCF system and officers effect should not be implemented here; this should be a touch and go bill.

18 Pa.C.S. 6109
(a) Purpose of license.-- * * *
* * *
(b) Place of application.--An individual who is 21 years of age or older may apply to an issuing authority [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 issuing authority [sheriff ]of the county in which he resides or, if a resident of a city of the first class, with the issuing authority [chief of police ]of that city.
(c) Form of application and content.-- * * * Issuing authorities shall use only the application form prescribed by the Pennsylvania State Police. One of the following reasons for obtaining a firearm license shall be set forth in the application: self-defense, employment, hunting and fishing, target shooting, gun collecting or another proper reason. The application form shall be dated and signed by the applicant and shall contain the following statement:
I have never been convicted of a crime that prohibits me from possessing or acquiring a firearm under Federal or State law. I am of sound mind and have never been committed to a mental institution. I hereby certify that the statements contained herein are true and correct to the best of my knowledge and belief. I understand that, if I knowingly make any false statements herein, I am subject to penalties prescribed by law. I authorize the sheriff, or his designee, or, in the case of first class cities, the chief or head of the police department, or his designee, to inspect only those records or documents relevant to information required for this application. If I am issued a license and knowingly become ineligible to legally possess or acquire firearms, I will promptly notify the sheriff of the county in which I reside or, if I reside in a city of the first class, the chief of police of that city.
(d) Issuing authority [Sheriff ]to conduct investigation.--The issuing authority [sheriff ]to whom the application is made (1) shall:
(i)[(1)] investigate the applicant's record of criminal conviction;
(ii)[(2)] investigate whether or not the applicant is under indictment for or has ever been convicted of a crime punishable by imprisonment exceeding one year;
(iii)[(3)] investigate whether the applicant's character and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety;
(iv)[(4)] investigate whether the applicant would be precluded from receiving a license under subsection (e)(1) or section 6105(h) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms); and
(v)[(5)] conduct a criminal background, juvenile delinquency and mental health check following the procedures set forth in section 6111 (relating to sale or transfer of firearms), receive a unique approval number for that inquiry and record the date and number on the application;[.]
(2) and shall not:
(i) require under penalty the response or cooperation of any applicant, licensee, or other person incidental to the investigations required under subsection (d); or
(ii) use a failure of response or cooperation by any applicant, licensee, or other person as any part of good cause or reason for denial or revocation of a license.
* * *
(e) Issuance of license.--
* * *
(3) * * * The license shall bear the following:
* * *
(ii) The signature of the issuing authority [sheriff ]issuing the license.
* * *
(4) The issuing authority [sheriff ]shall require a photograph of the licensee on the license. The photograph shall be in a form compatible with the Commonwealth Photo Imaging Network.
* * *
(f) Term of license.--
* * *
(2) At least 60 days prior to the expiration of each license, the issuing issuing authority [sheriff ]shall send to the licensee an application for renewal of license. * * *
* * *
(g) Grant or denial of license.--Upon the receipt of an application for a license to carry a firearm and the fee required at the time of application as provided by subsection (h)(7), the issuing authority [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 issuing authority [sheriff ]refuses to issue a license, the issuing authority [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.
(h) Fee.--
* * *
(3) An additional fee of $1 shall be paid by the applicant for a license to carry a firearm and shall be remitted by the issuing authority [sheriff ] to the Firearms License Validation System Account, which is hereby established as a special restricted receipt account within the General Fund of the State Treasury. The account shall be used for purposes under subsection (l). Moneys credited to the account and any investment income accrued are hereby appropriated on a continuing basis to the Pennsylvania State Police.
* * *
(5) The fee is payable to the issuing authority [sheriff ]to whom the application is submitted and is payable at the time of application for the license.
* * *
(i) Revocation.--A license to carry firearms may be revoked by the issuing authority for good cause. A license to carry firearms shall be revoked by the issuing authority for any reason stated in subsection (e)(1) which occurs during the term of the permit. Notice of revocation shall be in writing and shall state the specific reason for revocation. Notice shall be sent by certified mail to the individual whose license is revoked, and, at that time, notice shall also be provided to the Pennsylvania State Police by electronic means, including e-mail or facsimile transmission, that the license is no longer valid. An individual whose license is revoked shall surrender the license to the issuing authority within five days of receipt of the notice. [An individual whose license is revoked may appeal to the court of common pleas for the judicial district in which the individual resides.] An individual who violates this section commits a summary offense.
(i.1) Notice to issuing authority[sheriff].--Notwithstanding any statute to the contrary:
(1) * * * If the defendant has such a license, the court shall notify the issuing authority[sheriff] of the county in which that person resides, on a form developed by the Pennsylvania State Police, of the identity of the person and the nature of the crime or conduct which resulted in the notification. * * *
(2) * * * the judge of the court of common pleas, mental health review officer or county mental health and mental retardation administrator shall notify the issuing authority[sheriff] of the county or city of the first class in which that person resides, on a form developed by the Pennsylvania State Police, of the identity of the person who has been adjudicated, committed or treated and the nature of the adjudication, commitment or treatment. * * *
(j) Immunity.--A sheriff who issuing authority[sheriff] in good faith with this section shall be immune from liability resulting or arising from the action or misconduct with a firearm committed by any individual to whom a license to carry a firearm has been issued.
(k) Reciprocity.--
* * *
(m.1) Temporary emergency licenses.--
(1) A person seeking a temporary emergency license to carry a concealed firearm shall submit to the issuing authority[sheriff] of the county in which the person resides all of the following:
* * *
(2) Upon receipt of the items required under paragraph (1), the issuing authority[sheriff] immediately shall conduct a criminal history, juvenile delinquency and mental health record check of the applicant pursuant to section 6105. Immediately upon receipt of the results of the records check, the issuing authority[sheriff] shall review the information and shall determine whether the applicant meets the criteria set forth in this subsection. If the issuing authority[sheriff] determines that the applicant has met all of the criteria, the issuing authority[sheriff] shall immediately issue the applicant a temporary emergency license to carry a concealed firearm.
(3) If the issuing authority[sheriff] refuses to issue a temporary emergency license, the issuing authority[sheriff] shall specify the grounds for the denial in a written notice to the applicant. The applicant may appeal the denial or challenge criminal records check results that were the basis of the denial, if applicable, in the same manner as a denial of a license to carry a firearm under this section.
(4) * * * During the 45 days the temporary emergency license is valid, the issuing authority[sheriff] shall conduct an additional investigation of the person for the purposes of determining whether the person may be issued a license pursuant to this section. If, during the course of this investigation, the sheriff discovers any information that would have prohibited the issuance of a license pursuant to this section, the issuing authority[sheriff] shall be authorized to revoke the temporary emergency license as provided in subsection (i).
* * *
(7) A issuing authority[sheriff] who issues a temporary emergency license to carry a firearm shall retain, for the entire period during which the temporary emergency license is in effect, the evidence of imminent danger that the applicant submitted to the sheriff that was the basis for the license, or a copy of the evidence, as appropriate.
* * *
(9) Prior to the expiration of a temporary emergency license, if the issuing authority[sheriff] has determined pursuant to investigation that the person issued a temporary emergency license is not disqualified and if the temporary emergency license has not been revoked pursuant to subsection (i), the issuing authority[sheriff] shall issue a license pursuant to this section that is effective for the balance of the five-year period from the date of the issuance of the temporary emergency license. Records and all other information, duties and obligations regarding such licenses shall be applicable as otherwise provided in this section.
* * *
(n) Definition.--As used in this section, (1) the term "licensee" means an individual who is licensed to carry a firearm under this section;
(2) the term "issuing authority" means a sheriff, excepting any portion of a county which contains a city of the first class; under a city of the first class, the term means the chief of police.
(3) the term "good cause" means the underlying facts which provide not merely evidence or reason to speculate of, but instead evidence of, a reason for denial or revocation of a license.

53 Pa.C.S. 2901
§ 2901. Short title and scope of subpart
(a) Short title of subpart.--This subpart shall be known and may be cited as the Home Rule Charter and Optional Plans Law.
(b) Scope of subpart.--This subpart applies to all municipalities[ except cities of the first class and counties of the first class].



Of course, this bill may be a solution in search of a problem. I suspect some of the reason Philly believes it can do as it pleases is because of the discontinuity of 6109, but I can't recall ever seeing that in print from a judge. Please comment accordingly regarding oversights and possible side effects.

[knight0334]

pfft.. Just strip the PPD from the power to issue. Give it to the Philadelphia County Sheriff, where it belongs.

Appointed policing is an abomination of the respective Constitutions.

6108 is the leading cause of Philly's issues. With is restricting open carry to being licensed only, it violates Murdock and the 14th Amendment.

[MDJschool]

pfft.. Just strip the PPD from the power to issue. Give it to the Philadelphia County Sheriff, where it belongs.

Well most of the UFA belongs repealed. I considered moving it to the sheriff here, but at that point I don't see any reason not to go all out with changes to 6109. In fact, some of my selected additions may be too obvious.

Understand that putting whatever this comes to be forth doesn't preclude another bill with the sheriff change, or any other changes. In fact I myself would prefer several different bills with different changes.

[PhillyVet]

Under the current law, the Sheriff of Philadelphia does have the authority to issue LTCF (though he doesn’t) - The Chief of Police is simply an additional authorized issuing authority. If your proposed changes were to become law, it would explicitly remove the Sheriff’s ability to issue LTCF in Philadelphia.

There are fixes to the UFA that need to be made (removal of any mention of 1st class cities for instance), however, this, IMO, isn’t one of them.

[HiredGoon]

Under the current law, the Sheriff of Philadelphia does have the authority to issue LTCF (though he doesn’t) - The Chief of Police is simply an additional authorized issuing authority. If your proposed changes were to become law, it would explicitly remove the Sheriff’s ability to issue LTCF in Philadelphia.

There are fixes to the UFA that need to be made (removal of any mention of 1st class cities for instance), however, this, IMO, isn’t one of them.

It seems that under current law, since Philly is a city of the first class, that the police chief explicitly is required to issue LTCFs. The sheriff does not have that option, as I read it.

(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.

[knight0334]

Under the current law, the Sheriff of Philadelphia does have the authority to issue LTCF (though he doesn’t) - The Chief of Police is simply an additional authorized issuing authority. If your proposed changes were to become law, it would explicitly remove the Sheriff’s ability to issue LTCF in Philadelphia.

There are fixes to the UFA that need to be made (removal of any mention of 1st class cities for instance), however, this, IMO, isn’t one of them.

With Philly, the county and city lines are the same. So even though the sheriff still has the authority to issue, the Chief of Police would be the issuing agent because of the fact that everyone living in the county would also live within the city limits. Striking the CoP's power to issue would hand it back over to the sheriff.

[WhiteFeather]

Why not just push for Constitutional Carry for PA?

where if you’re not a criminal you don’t need a license from the government that takes a right (article 0ne section 21) and makes it into a revocable privilege, that the government can question to see your license and makes it a crime to exercise a right without their permission first.

Note we have to fix the Getting rid of NO STOPS clause with the transportation of gun w/o LTCF Read about that effort here.
http://forum.pafoa.org/pennsylvania-...-w-o-ltcf.html

To deal with the people that say Constitutional Carry will lead to more criminal getting off, included mandatory stiff jail sentences for repeat violent recidivist criminals for possession of firearms and even harsher longer sentences for those criminals that use them to aid in their chosen life of crime.

Pushing for Constitutional Carry would solve lots of problems with the current system and IF you want reciprocity with other states you can still get a LTCF permit.

[PhillyVet]

One problem that could be addressed is the fact that there are no provisions in 6109 for “Suspension” or “Cancelation” of a LTCF, only revocation. This is a problem because there may be times when someone becomes temporarily prohibited. If a person is charged with a crime he may not have a LTCF, however, if he is subsequently acquitted or charges are dropped he is again entitled to a LTCF. Likewise, if a person loses his license, or it’s destroyed, the Sheriff’s only option is to revoke the old and issue a new.

A revocation, regardless of the reason, has a negative impact and connotation when reapplying for a permit.

Another issue is the “Character and reputation” clause in (e)(1)(i). It can be understood why this section was included – to wit, you have a known scum bag drug dealer, etc. that you just haven’t been able to catch yet. The problem is that, (1) it violates equal protection because it allows denial or revocation based on the Sheriff’s subjective whim instead of objective standards and (2) has now been abused by issuing authorities. For instance, there is no law prohibiting a person from locking a firearm in their car, however, the PPD has a policy that if your firearm is stolen from your car (or your car is stolen with your firearm in it) that your LTCF will be revoked because you are now a person “likely to act in a manor dangerous to public safety” – i.e. punish the victim of the crime for becoming a victim.

A solution to these simple problems may be this:

(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:
(i) Repealed
(ii) An individual who has been convicted of an offense under the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(iii) An individual convicted of a crime enumerated in section 6105.
(iv) An individual who, within the past ten years, has been adjudicated delinquent for a crime enumerated in section 6105 or for an offense under The Controlled Substance, Drug, Device and Cosmetic Act.
(v) An individual who is not of sound mind or who has ever been committed to a mental institution.
(vi) An individual who is addicted to or is an unlawful user of marijuana or a stimulant, depressant or narcotic drug.
(vii) An individual who is a habitual drunkard.
(viii) An individual who is charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year except as provided for in section 6123 (relating to waiver of disability or pardons).
(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).
(x) An alien who is illegally in the United States.
(xi) An individual who has been discharged from the armed forces of the United States under dishonorable conditions.
(xii) An individual who is a fugitive from justice. This subparagraph does not apply to an individual whose fugitive status is based upon nonmoving or moving summary offense under Title 75 (relating to vehicles), local ordinances relating to parking violations or other violations that are civil in nature.
(xiii) An individual who is otherwise prohibited from possessing, using, manufacturing, controlling, purchasing, selling or transferring a firearm as provided by section 6105.
(xiv) An individual who is prohibited from possessing or acquiring a firearm under the statutes of the United States.


(i) Revocation, Suspension and Cancelation.—

(1) A license to carry firearms shall be revoked by the issuing authority for any reason stated in subsection (e)(1) which occurs during the term of the permit, except when the provisions of subsection (i)(1)(2) apply. Notice of revocation shall be in writing and shall state the specific reason for revocation. Notice shall be sent by certified mail to the individual whose license is revoked, and, at that time, notice shall also be provided to the Pennsylvania State Police by electronic means, including e-mail or facsimile transmission, that the license is no longer valid. An individual whose license is revoked shall surrender the license to the issuing authority within five days of receipt of the notice. An individual whose license is revoked may appeal to the court of common pleas for the judicial district in which the individual resides. An individual who violates this section commits a summary offense.

(2) A license to carry firearms shall be suspended if, during the term of the permit, the licensee becomes temporarily prohibited under subsections (e)(1)(viii) relating to charged with a crime be not yet convicted, or subsections (e)(1)(xii), (e)(1)(xiii) or (e)(1)(xiv) if the disability under these subsections is temporary in nature. Upon expiration of said temporary disability, the Sheriff shall reinstate the license within 24 hours. However, if the temporary disability shall become permanent through conviction or otherwise, then the Sheriff shall revoke the permit under subsection (i)(1). Notice of suspension shall be in writing and shall state the specific reason for suspension. Notice shall be sent by certified mail to the individual whose license is suspended, and, at that time, notice shall also be provided to the Pennsylvania State Police by electronic means, including e-mail or facsimile transmission, that the license is temporarily invalid; likewise, notice shall be provided, within 24 hours, to the Pennsylvania State Police when a license is reinstated. An individual whose license is suspended shall surrender the license to the issuing authority within five days of receipt of the notice. An individual whose license is suspended may appeal to the court of common pleas for the judicial district in which the individual resides. An individual who violates this section commits a summary offense.

(3) If during the term of a license the license shall become destroyed, lost or mutilated, the licensee shall notify the Sheriff by submitting a notarized affidavit signed by the licensee stating that the license has been lost, destroyed or mutilated; if any part of the destroyed or mutilated license remains in the possession of the licensee, it shall be delivered to the Sheriff along with the affidavit. Upon receipt of the affidavit, the Sheriff shall cancel the current license and, within 24 hours, issue a replacement license. The affidavit shall be uniform throughout this Commonwealth and shall be on a form, not to exceed one page, prescribed by the State Police. Notice shall be provided, within 24 hours, to the Pennsylvania State Police by electronic means, including e-mail or facsimile transmission, that the license has been canceled and that a replacement has been issued. The replacement license shall have a new unique serial number from the canceled license in order to prevent an unauthorized person from using a found permit. If after a permit is canceled and reissued, the licensee finds the lost license, he shall deliver said canceled license to the Sheriff.

[15Truckman]

Why not just push for Constitutional Carry for PA?

where if you’re not a criminal you don’t need a license from the government that takes a right (article 0ne section 21) and makes it into a revocable privilege, that the government can question to see your license and makes it a crime to exercise a right without their permission first.

Note we have to fix the Getting rid of NO STOPS clause with the transportation of gun w/o LTCF Read about that effort here.
http://forum.pafoa.org/pennsylvania-...-w-o-ltcf.html

To deal with the people that say Constitutional Carry will lead to more criminal getting off, included mandatory stiff jail sentences for repeat violent recidivist criminals for possession of firearms and even harsher longer sentences for those criminals that use them to aid in their chosen life of crime.

Pushing for Constitutional Carry would solve lots of problems with the current system and IF you want reciprocity with other states you can still get a LTCF permit.

^^^^^^^^ This!

[PhillyVet]

It seems that under current law, since Philly is a city of the first class, that the police chief explicitly is required to issue LTCFs. The sheriff does not have that option, as I read it.

(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.

I’ve been over this one before.

6109(b) doesn’t prohibit (or remove) the County Sheriff from issuing a LTCF to a resident of the city of the first class, it simply gives the chief of Police the authority to issue as well. It comes down to the use of the word “or” instead of the word “except”. The phrase “..if a resident of the city of the first class..” is a qualifier to denote which Chief of Police (of the hundreds of Chiefs of Police in Pennsylvania) can issue LTCFs.

If you read 6109(b) without the qualifier you will see “…he shall make application with the sheriff of the county in which he resides or…. with the chief of police of that city”. Without the qualifier than it would be legal for any Chief of Police to issue LTCF.

Now, if 6109(b) read something like this:

(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 except, if a resident of a city of the first class, with the chief of police of that city.
Or
(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, he shall make application with the chief of police of that city.

Then you would be correct that the County Sheriff couldn’t issue LTCFs to residents of first class cities. However, neither of these is how the statute is written.