Allegheny pwns you all.

**Glock22xd9** · December 10th, 2006, 11:58 PM

I would love to be denied! I am act 235 certified and going for act 120!

**D-FENS** · December 11th, 2006, 09:10 AM

Originally Posted by danp

There's also this reason for disqualification:

(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).

So my understanding is you can be disqualified for being convicted of any crime as long as it could result in 1+ years in prison.

Also reading the other law quoted it appears to me that they can only use the application provided and may not charge more to do extra investigation, but I don't see anywhere where it says they can't do it on their own dime.

You're right. I missed this. However, If I am not mistaken PA Law mandates that the process be governed by the PA State Police. I guess I have to find out if this is permissible or just a little extra that Allegheny wants to spring on us to decrease LTCF's.

Thanks for looking over this guys. I really appreciate it. I've been submerged in PA/Federal law all weekend.

**D-FENS** · December 11th, 2006, 09:25 AM

WOAH WOAH WOAH...I think i found our problem.

From the article

In April, Allegheny County implemented its own background check, and anyone with a prior *arrest* on certain felony and misdemeanor charges is disqualified from receiving concealed gun permits.

They go above and beyond by filtering for persons charged. This article uses "charged" instead of "convicted". Also, it seems to broaden the restrictions to not only felony convictions but simply charges for some misdemeanors.

Makes you go hmmmm...

The problem here is that any DA can bring up any charges and then decline to follow through on them. This is pretty scary. Allegheny will revoke your right to carry a firearm without due process!!! (I would hope Pennsylvanians have a right to due process)

**LittleRedToyota** · December 11th, 2006, 11:50 AM

Originally Posted by TheHighChild

The problem here is that any DA can bring up any charges and then decline to follow through on them. This is pretty scary.

yes it is scary indeed.

the problem is that the sheriff he might actually be able to get away denying a permit due to an arrest using the "character and reputation" clause by claiming the arrest means the person has a "reputation" of not being trustworthy with a permit. that whole character and reputation clause is way too vague.

i would like to think that would not hold up in court, but, given the reality of today's "justice" system, it just might.