Can Sheriffs Legally Refuse to Issue Nonres LTCF?

[badey]

Ok, so I have a friend who is an Ohio resident and has a PA nonresident LTCF. He got it at the Beaver County Courthouse. From what I hear from him, the Sheriff is refusing to renew or issue new nonresident LTCFs. I have heard this is also happening in other counties. I have read 6109 of Title 18, and can't find anywhere where it says a Sheriff has a choice in whether or not to issue LTCFs. So, can they legally refuse to issue them?

[OwnTheRide]

Here is my understanding, probably using poor (non-legal) terminology:

PA is shall-issue, and that includes nonresidents. If a sheriff does not have legal basis to deny someone their LTCF, he cannot lawfully do so.

That doesn't mean he won't. See, the sheriffs know that nonresidents can just apply to another county. And the nonresidents who know this realize it will be a lot easier, and most likely a lot cheaper, if they just do so. Therefore, no one challenges the unlawful actions of the sheriffs who do this, and the unlawful behavior continues.

[IronSight]

Legally? No.

Maybe our resident lawyers could chime in on this, but a mandamus action sounds appropriate if the sheriff is refusing to do his lawful duties.

[PA-Joe]

Are you trying to do it by mail? I understand that they now have to be done in person.

[badey]

No, he was trying to get it renewed in person.