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Thread: LTCF denied by Sheriff
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February 8th, 2013, 12:54 AM #1Member
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LTCF denied by Sheriff
I received via certified mail, a denial letter from the Sheriff. I am confused as how to handle this denial, mostly because in one paragraph, I was denied for the "character and reputation" provision of the law, but in the next paragraph indicates I can get "the case" expunged and reapply. (see attached for full letter).
As you can see in the attached, there is no "case" indicated on the letter. Now, to be a little more honest that I really want to be, I do have several Summary charge (Disorderly Conduct I believe) convictions on my record, which from everything I have researched should have no effect on my eligibility for a LTCF. Additionally, I have been charged, but never convicted of disqualifying offenses. Also, I was the subject of a PFA, which was granted by my consent , and with a clause added that it was not an admission of guilt (Under advice from my attorney, I did not contest the PFA because I had no desire to have any further contact with the other party anyway due to the false allegations made against me). I know there will be many who read this who will be tempted to make assumptions regarding my history, and I expect some criticism, however I respectfully request that instead of making assumptions, kindly ask me for more details if you feel it would help in forming your relevant response(s) to this post. I am not intentionally leaving anything out, but I am sure that there will be some details that I may not have thought to include at the moment.
I understand that I don't have a spotless record, but before I applied I reviewed the law numerous times because I wanted to be certain I was eligible for an LTCF and nothing on my record disqualifies me, which is supported by the fact that I was not denied by PICS, but rather by the Sheriff.
Do I realistically have grounds to appeal this decision? I understand that would mean filing in the Court of Common Pleas which is best handled by a lawyer, but I really do not have the money to pay legal fees at this time, particularly not if it's for a long shot. If this were more clear cut I would definitely appeal but having those blemishes on my record, IMO, clouds the water on this decision.
I've also considered that maybe the better option would be to apply for a nonresident permit from another state, such as Virginia. Would it make more sense to obtain a permit from another state, rather than try to go through a likely more time consuming and expensive appeal in order to get my PA LTCF? I'm not thrilled about the idea of having to turn to another state for this, but I think I would be even less thrilled about having to spend a ton of time and money trying to appeal to get it done in Pa.
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February 8th, 2013, 01:11 AM #2Grand Member
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Re: LTCF denied by Sheriff
With a Disorderly conduct on your record you are not going to get a LTCF.
Contact Gun Lawyer here on the board and get his input/help.
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February 8th, 2013, 01:18 AM #3Super Member
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Re: LTCF denied by Sheriff
Actually I think the PFA would be the bigger disqualifier here.
IANAL but I think a PFA makes you completely prohibited(as in from owning firearms as well) but again I don't actually know much about that.
GunLawyer is the guy you want to seek.
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February 8th, 2013, 01:28 AM #4Senior Member
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Re: LTCF denied by Sheriff
Is the PFA still in effect?
ETA-You answered it right after I postedLast edited by fttfbass; February 8th, 2013 at 01:34 AM.
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February 8th, 2013, 01:31 AM #5Member
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Re: LTCF denied by Sheriff
Just to clarify, unless I misunderstood the law, the offenses on my record are not disqualifying. Also, I have not been the subject of the PFA for years, and from my understanding the law states that one cannot currently be the subject of a PFA. Is there something more to this that I am missing?
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February 8th, 2013, 01:32 AM #6
Re: LTCF denied by Sheriff
I believe most States require a home permit before getting a non residential permit. I can only speak for the Utah but overall it makes sense.
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February 8th, 2013, 02:18 AM #7
Re: LTCF denied by Sheriff
The Sheriff can use whatever criteria he chooses upon which to base his character/reputation assessment, and the only way to contest it is to appeal, promptly.
I wouldn't rely on an out-of-state license, although it would be better than nothing. It's just not as strong as a PA license, and it doesn't exempt you from the Federal school zone ban.
You might be able to get summary offenses expunged, the law changed recently. That would require a lawyer, as well.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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February 8th, 2013, 02:37 AM #8Banned
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Re: LTCF denied by Sheriff
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February 8th, 2013, 02:51 AM #9
Re: LTCF denied by Sheriff
Wrong
If you reside in a state that recognizes the validity of the Utah
CFP or has reciprocity with Utah, you must obtain a CFP or
CCW from your home state and submit a copy of it with your
application for a Utah permit. For a list of reciprocal states
visit: http://www.publicsafety.utah.gov/bci/FAQother.html
Residency will be determined by your state-issued
identification. If your state does not recognize the Utah
permit this does not apply.
Straight from the application my friend.
http://publicsafety.utah.gov/bci/doc...CFPapp0312.pdf
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February 8th, 2013, 03:51 AM #10Banned
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Re: LTCF denied by Sheriff
Thank you, I stand corrected on that issue. That changed fairly recently, at least in grey hair years, on May 10, 2011.
A law signed by Gov. Gary Herbert that took effect May 10 requiring applicants from other states seeking a Utah concealed-weapon permit to obtain one from their home state first.
However, Utah differs from Pennsylvania in that if you live in a state like Maryland that recognizes no other states, you don't need to get a "home" permit.
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