Illegal for arrests without convictions to be considered in LTCF application?

[chucky]

I applied for an LTCF in May in Philadelphia and got a denial letter on 7/1 on the grounds that my "character and reputation is such that the individual would be likely to act in a manner dangerous to public safety".

The only thing on my record was an arrest which had all charges withdrawn, no conviction and even though I was upfront and disclosed this during the application process this is what a detective at the licensing bureau said was the reason for my denial. He said if I appealed I probably wouldn't have any trouble getting a permit. The thing is I don't know if it's even legal that such an arrest was even considered in my application.

18 Pa. Cons. Stat. § 9124

(b) Prohibited use of information.--The following
information shall not be used in consideration of an application for a license, certificate, registration or permit:
(1) Records of arrest if there is no conviction of a crime based on the arrest.

I brought that to the attention of the detective, who was pretty much surprised by the statute and very intrigued and encouraged me to appeal.

I've appealed the decision and am waiting for an appeal date. Am I misreading this statute? Does it somehow not apply to LTCF applications? Could someone direct me to a lawyer who could answer my questions, preferably for free?

The full text is here: http://law.onecle.com/pennsylvania/c...1.024.000.html

[tl_3237]

I applied for an LTCF in May in Philadelphia and got a denial letter on 7/1 on the grounds that my "character and reputation is such that the individual would be likely to act in a manner dangerous to public safety".

The only thing on my record was an arrest which had all charges withdrawn, no conviction and even though I was upfront and disclosed this during the application process this is what a detective at the licensing bureau said was the reason for my denial. He said if I appealed I probably wouldn't have any trouble getting a permit. The thing is I don't know if it's even legal that such an arrest was even considered in my application.

18 Pa. Cons. Stat. § 9124


I brought that to the attention of the detective, who was pretty much surprised by the statute and very intrigued and encouraged me to appeal.

I've appealed the decision and am waiting for an appeal date. Am I misreading this statute? Does it somehow not apply to LTCF applications? Could someone direct me to a lawyer who could answer my questions, preferably for free?

The full text is here: http://law.onecle.com/pennsylvania/c...1.024.000.html

The statute applies to the following STATE agencies- "a board, commission or department of the Commonwealth, ". The sheriffs are county officials and the Phila chief of police is a city official so the statute would appear to be inapplicable.

Your best avenue is to appeal.

[chucky]

The statute applies to the following STATE agencies- "a board, commission or department of the Commonwealth, ". The sheriffs are county officials and the Phila chief of police is a city official so the statute would appear to be inapplicable.

9103. Applicability.
This chapter shall apply to persons within this Commonwealth
and to any agency of the Commonwealth or its political
subdivisions which collects, maintains, disseminates or receives
criminal history record information.

You could very well be correct, but aren't city and county police in a subdivision of the state? I'll call a lawyer tomorrow and let people know what I find.

[gnbrotz]

but aren't city and county police in a subdivision of the state?

No.

That will be $175, please.

[Kodiak]

I applied for an LTCF in May in Philadelphia and got a denial letter on 7/1 on the grounds that my "character and reputation is such that the individual would be likely to act in a manner dangerous to public safety".

The only thing on my record was an arrest which had all charges withdrawn, no conviction and even though I was upfront and disclosed this during the application process this is what a detective at the licensing bureau said was the reason for my denial. He said if I appealed I probably wouldn't have any trouble getting a permit. The thing is I don't know if it's even legal that such an arrest was even considered in my application.

18 Pa. Cons. Stat. § 9124


I brought that to the attention of the detective, who was pretty much surprised by the statute and very intrigued and encouraged me to appeal.

I've appealed the decision and am waiting for an appeal date. Am I misreading this statute? Does it somehow not apply to LTCF applications? Could someone direct me to a lawyer who could answer my questions, preferably for free?

The full text is here: http://law.onecle.com/pennsylvania/c...1.024.000.html

First off welcome to PAFOA.

And second...I would appeal.

Third...move out of Philly LOL

[tl_3237]

9124(a) specifies a limited scope for its application:

(a) State agencies.--Except as provided by this chapter, a board, commission or department of the Commonwealth, when determining eligibility for licensing, certification, registration or permission to engage in a trade, profession or occupation, may consider convictions of the applicant of crimes but the convictions shall not preclude the issuance of a license, certificate, registration or permit.

Since you're not applying for any licenses for trade, profession or occupation, the clause you cited (9124(b)(1)) would not apply to LTCFs.

9103 would ostensibly apply Chapter 91 generally to counties and cities as political subdivisions when it "collects, maintains, disseminates or receives
criminal history record information" but, again, section 9124 eliminates LTCF processors from its scope (and its enclosed prohibited acts).

[GunLawyer001]

The issuing authority may consider any factors that have a bearing on the statutory disqualifiers, so the circumstances surrounding an arrest may be looked at, even if no conviction results. Similarly, they can consider incidents where you were in a group that was rioting, even if you were not convicted of rioting. Or if they have evidence that you hang with drug dealers. Or all your neighbors say that you seem to have anger issues.

The Philly cops deny licenses because they have an agenda, they don't like you and they don't like the fact that you have rights, especially gun rights. So they often deny LTCF's based on factors that will not stand up to objective scrutiny, because a lot of people are intimidated by the appeal process. So you should appeal, and preferably you'll hire knowledgeable counsel who will frame the issues properly, in which case it may be resolved before the appeal is heard. (Philly PD, like a blind squirrel that gathers the occasional nut anyway, shows wisdom in retaining Brad Richman to handle LTCF appeals for them. He's very reasonable, he knows the difference between dangerous citizens and non-dangerous citizens.)

[chucky]

9124(a) specifies a limited scope for its application:

Since you're not applying for any licenses for trade, profession or occupation, the clause you cited (9124(b)(1)) would not apply to LTCFs.

I think it's something I'd need some lawyerly advice on. Any ballpark cost as to the cost of a lawyer for representing me? The detective I spoke to made it sound as though it was just a matter of answering a few additional questions by a committee in order to get my license...but I'm sure that could be misleading.

[ImminentDanger]

(Philly PD, like a blind squirrel that gathers the occasional nut anyway, shows wisdom in retaining Brad Richman to handle LTCF appeals for them. He's very reasonable, he knows the difference between dangerous citizens and non-dangerous citizens.)

My Bolding and Underlining in the quote above.....

I'm certain this tremendously valuable, psychic, Pre-Crime Sixth-Sense is worth every penny it costs Philadelphia to avoid the messy nature of Freedom and Innocent-Until-Proven-Guilty processes.... I'm positive it costs far less than keeping their already convicted criminals off the streets and in jail...

...

[GunLawyer001]

My Bolding and Underlining in the quote above.....

I'm certain this tremendously valuable, psychic, Pre-Crime Sixth-Sense is worth every penny it costs Philadelphia to avoid the messy nature of Freedom and Innocent-Until-Proven-Guilty processes.... I'm positive it costs far less than keeping their already convicted criminals off the streets and in jail...

...

Dude, he handles revocation and denial APPEALS for the city, he's not the anti-gun weasel doing the revocation or denial. He doesn't set policy, he's not passing illegal ordinances. The PPD has already decided that your unpaid parking tickets or drug arrests justified adverse action, and he decides whether to vigorously defend an appeal or not. He bases that decision on common sense, whether you're a bad actor because you keep getting arrested for selling crack but you're released because the witnesses get stitches, or whether you're no threat because the reason that the licensing unit gave has nothing to do with actual criminality.

Not sure what your point is. There's plenty about Philly government to bash, you don't have to spout knee-jerk Liberty & Freedom flag-waving. I made a narrow point about one person, and I'll stand by it because I happen to know what I'm talking about.