Will i be denied?

[Make-it-Rain]

Hello everyone, I have a question and I'm kinda worried about the answer.

I'm turning 21 in two weeks and I plan on applying for my ltcf. I have a completely clean criminal record, never even got a speeding ticket but I'm worried I'm going to be declined, here's why.

My dad applied for his ltcf about a month ago, we live in Montgomery county so we have to have the local police station sign off on the application. My dads application got declined and at first we were very confused. The reason for the declined was a "neighbor dispute" basically my dad got info a heated arguement with neighbors about 10 years ago and the police were called, my dad was arrested but in court all the charges were dropped. I didn't understand how it could be declined because he was found not guilty but by reading through this sight I found out that you can be declined for character flaws so I guess this fell under that clause.

My question is do I have to worry about being declined because I still live at home with my dad? Would it make my character "bad" because I live with someone who in their opinion had bad character?

[PisnNapalm]

You weren't arrested, you should have no problem getting your LTCF. How could you be penalized for something you didn't do?

[knight0334]

Your dad's "bad character" shouldn't be a factor in whether they will issue you a LTCF or not.

[son of the revolution]

Hello everyone, I have a question and I'm kinda worried about the answer.

I'm turning 21 in two weeks and I plan on applying for my ltcf. I have a completely clean criminal record, never even got a speeding ticket but I'm worried I'm going to be declined, here's why.

My dad applied for his ltcf about a month ago, we live in Montgomery county so we have to have the local police station sign off on the application. My dads application got declined and at first we were very confused. The reason for the declined was a "neighbor dispute" basically my dad got info a heated arguement with neighbors about 10 years ago and the police were called, my dad was arrested but in court all the charges were dropped. I didn't understand how it could be declined because he was found not guilty but by reading through this sight I found out that you can be declined for character flaws so I guess this fell under that clause.

My question is do I have to worry about being declined because I still live at home with my dad? Would it make my character "bad" because I live with someone who in their opinion had bad character?

While there's no guarantee they wouldn't try such bullshit, you would certainly win on appeal. They cant hold your fathers allegedly " bad acts " against you in any way legally. Frankly I'd call BS on the reason they denied your father if it were me. No way in hell a " heated argument " from a decade ago should reasonably be consider any indication of someone's "character" at this point. If they want to be such sticklers for that clause, then half the dept shouldnt have an LTCF, since Im quite certain there have been any number of heated arguments in the locker room.

[DonM55]

Shouldn't be a problem. Go for it. Welcome to PAFOA.

P.S. If that's the only trouble your dad was ever in he should fight being denied.

[Make-it-Rain]

Thanks for all the fast replies, I fell better now. I also believe its a little BS that my dads got denied for an incident that happened so long ago. He dosnt want to go through with an appeal because the only real reason he wanted the permit was to make it easier for him to go the range. I, however plan on carrying on a regular basis.

[son of the revolution]

Thanks for all the fast replies, I fell better now. I also believe its a little BS that my dads got denied for an incident that happened so long ago. He dosnt want to go through with an appeal because the only real reason he wanted the permit was to make it easier for him to go the range. I, however plan on carrying on a regular basis.

Try explaining to Dad that whats been done to him is FAR worse then just an added inconvenience for a trip to the range. Its is an unlawful infringement on one of his fundamental rights without justification.

[MDJschool]

If you expect to get denied and you expect to appeal, you might consider foregoing a pre-application police check card because it has no place in the application or issuance of the LTCF. The legislature assigned neither authorty nor duty to the sheriff or the municipal police or the applicant to conduct pre-application investigation. The UFA does not provide for such a thing. The PSP prescribed no regulations for the process. I doubt the sheriff nor the county commissioners nor the city council has passed ordinance or regulation to provide for the police check system either. What could possibly back this course of action?

Characterizing 18 Pa.C.S. 6109(e)(1)(i) as being "declin[able] for character flaws" is exactly the kind of gloss which, if the people continue to make, the courts will continue to make. Neither arrest nor "bad character" is the standard for denial or revocation of a license. Yet, our courts have repeatedly upheld 6109(e)(1)(i) denials/revocations on a feel-good notion about what conduct constitutes 'bad character' even when the statute requires 'good cause' that an applicant or licensee has a 'character and reputation' that he is 'likely to act in a manner dangerous to public safety'. These are substantive attributes in setting the threshold for prohibition and to relax them any further is to create the bed of arbitrariness and capriciousness that would result. Courts in other states have at times indeed found similar words or phraseology unconstitutionally vague... it's not unreasonable to expect our courts to construe doubts on eligibility under (e)(1)(i) in favor of the applicant/licensee.

[jcabin]

Your father should appeal the denial if it's still within the time limit. An arguement that happened 10 years ago, charges dropped? Clearly wasn't serious enough to push prosecution, and whether it was your dads fault or not he's obviously learned some lesson from the incident seeing as it hasn't happened again.

[D10]

^^^
this

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