PA LTCF denied for "an undisclosed reason"

[JackEdward]

NL, when did you and your buddy apply? I've been waiting about a month and still haven't recieved anything yet. I know they say 45 days but I was just curious. Good luck on getting your LTCF in order.

[NL128]

NL, when did you and your buddy apply? I've been waiting about a month and still haven't recieved anything yet. I know they say 45 days but I was just curious. Good luck on getting your LTCF in order.

We both applied on 11/28/2012, he received his LTCF approval letter on 12/28 and I received my denial letter on 12/04.

I sent in the challenge form so I guess we'll see what happens,Thanks good luck with your's too

[ponti1000]

I am interested in this thread, since it is still not clear to me what the exact criteria for denial would be. NL, did you ever hear back from your challenge? I got my permit in 3 days, and I think it would have been faster if the system was not offline when I was there turning in the form. However, my wife just got denied and was given no reason. It's actually a total shocker, so we are trying to research now.

[Lazylaser]

The list of prohibitors for an LTCF includes all of the PA and Federal prohibitors for possession, and adds more. Some of the "more" is included in the LTCF PICS check (but not the character and reputation part). Non-conviction criminal data MAY be used against you in the LTCF context, but not for the "purchase" PICS check. (Non-conviction NON-criminal data can be used against you in the purchase check, such as Sec 302 records.)

(i) An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.

(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. [FN1]

(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).

(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.

Note that "charged with" applies only to currently pending charges, and does not apply to charges that were dismissed or resulted in acquittals or ARD. Crimes punishable by up to one year are listed as prohibiting, but only if they resulted in a conviction, and the 6102 Definitions change it to exclude misdemeanors punishable by no more than 2 years (the Feds also really confuse the issue of "one year"/"two year", by similarly stating that any crime punishable by more than one year is prohibiting for possession in Sec 922, but re-defining that in Sec 921 so as NOT to apply to state misdemeanors punishable by up to 2 years. But any state felonies punishable by not more than 1 year are still prohibiting.)

This is probably a good place to emphasize (yet again, for those who got here from Google searches) that the sentence imposed by the judge is unimportant, it's the MAXIMUM POSSIBLE sentence that the statute allows. You may get probation and no jail time at all, but if the statute authorizes 2 years and a day in jail, you're prohibited from possession under Federal law, and you're prohibited for a PA LTCF.

Great info, must spread rep.

[NL128]

I am interested in this thread, since it is still not clear to me what the exact criteria for denial would be. NL, did you ever hear back from your challenge? I got my permit in 3 days, and I think it would have been faster if the system was not offline when I was there turning in the form. However, my wife just got denied and was given no reason. It's actually a total shocker, so we are trying to research now.

I apologize for the late response. GunLawyer's info pretty much explains the reasons for denial. If your wife doesn't meet any of those reasons or doesn't really know if she does fill out the challenge form and send it in, Just be honest. The PSP will send back the reason or reasons for denial or they will put her in a "undetermined status" which is where I am now. They sent me a letter with a couple of arrest listed from when I was a teenager and ask me for more info on them They wanted me to explain the details of the arrests and the outcomes along with any other info I might have ,like police reports and court records. So ,I sent a letter back to them and they say they will let me know their final decision with in 60 days.

Good luck with it, I hope everything works out for her.

[yoshi]

If youre ever in doubt, before filing an application or a pics/nics request, use the pa justice portal to check yourself out at ujsportal.pacourts.us/docketsheets.aspx

Not every court uses the electronic system, but its a very good free first step to check your own history. You can search by county or by status. I suggest by status because it covers all participating counties. Also be sure to check the magisterial district courts as well as the criminal court of common pleas.

[EagleEye]

What ever happened with this? I am also very interested ITT. I'm in the same boat as Ponti000 , I received my ltcf but my wife's came back denied for "undisclosed reason".