Pennsylvania Firearm Owners Association
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  1. #1
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    Default Letter to State Rep - Firearms Licensing Practices

    Going out tomorrow :

    Saturday, 20 April 2013
    TO: The Honorable Sam Smith, 109 Indiana Street, Suite 3, Punxsutawney, PA 15767

    INFO: Pennsylvania Sheriff's Association, 2426 North 2nd Street, Harrisburg, PA 17110

    SUBJECT: Firearms Licensing Practices

    Dear Representative Smith,

    Who, exactly, is charged with overseeing the firearms licensing practices of the 66 county sheriffs and one police chief charged with issuing such licenses? Is it the Pennsylvania State Police? Well, according to their website, their Firearms Division is only charged with "maintaining records" related to firearms licensing and transfers. Is it the Attorney General? That office controls firearms license reciprocity with other states, but its website is silent on in-state licensing. Is anyone responsible?

    18 Pa.C.S. § 6109 states that the application for a license to carry a firearm shall be uniform throughout the Commonwealth and shall be on a one-page form prescribed by the Pennsylvania State Police. This appears not to be a problem for most of Pennsylvania, but it becomes one when the individual County Sheriffs start adding their own requirements to the application process, something not authorized by state law and, in some instances, might well be contrary to state law.

    A few such application instructions are attached: Indiana County, Northampton County, Monroe County and Philadelphia.

    • Indiana County: Sheriff Fyock requires that references must have been Indiana County residents for three years, and must have known the applicant for three years. His authority to add such restrictions? None.

    • Northampton County: Sheriff Miller requires proof of residency (an address on a driver's license isn't good enough?), but will not accept a rental agreement, lease, deed, or similar proof of ownership. Apparently Sheriff Miller is confusing "domicile" with "residence," and all state law requires is a Pennsylvania residency. "Snowbirds," for example, can have residences in both Pennsylvania and Florida, but if they claim Florida as their domicile for tax purposes, would the sheriff prohibit them from obtaining a firearms license in Pennsylvania, even though they have a residence in Pennsylvania? College students and active military residing in Northampton County? They're all residents, but would he restrict them? To make matters worse, the good sheriff requires proof of military service (a DD-214 or other discharge papers). His authority to add such restrictions? None.

    • Monroe County: Sheriff Martin, similar to Sheriff Miller preceding, not only wants Earned Income Tax information, or, for retirees, a copy of their Federal Income Tax Return or Real Estate taxes, but also wants written documentation from a doctor if an applicant is on some form of disability, including medications. Can we say HIPAA Act violation? Does the good sheriff understand doctor/patient confidentiality? Oh, he, too, wants proof of military service. His authority to add such restrictions? None. Oh, and if you don't fully comply with the unlawful instructions, the application won't be accepted (and there's no provisions in state law for such, only "Approval" and "Denial").

    • Philadelphia: Possibly the worst violator in the Commonwealth, Police Commissioner Ramsey requires references to complete a questionnaire which includes their own personal data. Although all license processing centers have the equipment to take photographs for the license, Commissioner Ramsey still requires a passport type photograph. Still worse, every applicant is fingerprinted, as if a criminal, must supply proof of military service, must inform of any other (i.e., out-of-state) licenses, and must be interviewed. His authority to add such restrictions? None. And again, if you don't fully comply with the unlawful instructions, the application won't be accepted.

    18 Pa.C.S. § 6120(a) prohibits counties from regulating firearms in any manner, yet assorted county sheriffs (and the Philadelphia Police Commissioner) add steps to the firearms license application process that are not included in either state law or the Pennsylvania State Police application. Any violation qualifies as a First Degree Misdemeanor.

    18 Pa.C.S. § 6109(c) specifies a one-page application. Additional pages required to apply? That makes it more than one page. This is also a First Degree Misdemeanor.

    18 Pa.C.S. § 6111(i) clearly states that applications are confidential, yet Philadelphia notifies an applicant's references exactly what license is being applied for. When a sheriff's office contacts a reference or an employer, do they state why they are calling? This violation qualifies as a Third Degree Felony, and includes civil penalties.

    Other "variations" include the Montgomery County Sheriff requiring applicants to obtain an "okay" from their local police chief, even though state law requires the sheriff to conduct the background investigation. Some state that the 45-day timeframe is really 45 business days instead of calendar days. Many sheriffs mail out the approved license, yet others require the applicant to make a separate trip to the sheriff's office to pick up the license in person.

    In closing, although the application form itself may be standard throughout the Commonwealth, is there any way to ensure that the application process be likewise? Or, must every violation be addressed individually in the local Commonwealth Court, by an applicant in that county, at the applicant's expense?

    Sincerely yours,

    Henry J. Statkowski
    MSgt, USA (Ret.)
    Last edited by Statkowski; April 21st, 2013 at 10:48 AM.

  2. #2
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    Default Re: Letter to State Rep - Firearms Licensing Practices

    Chester County does what?

  3. #3
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    Default Re: Letter to State Rep - Firearms Licensing Practices

    Excellent. It will be interesting to see the response.

    In addition to the items in your letter there is also the outright refusal of many Sheriff's to even accept an application form a non-resident. Probably not as common an occurrence but it is still a baseless restriction.
    While many claim to support the right, precious few support the practice.

  4. #4
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    Default Re: Letter to State Rep - Firearms Licensing Practices

    I'm not trying to come off as a jerk, but I think making a few changes might make the rep take it more seriously.

    The last sentence of the first paragraph should be "Is anyone responsible?" so you should change that before you send it. Also, if you plan on using underline like you did in your post, make sure you underline Monroe county and Philadelphia, you seem to have forgotten to. Personally, I would change "His authority to add such restrictions? None." to something more like "He does not have the authority to make such restrictions." because it sounds a bit weird to me, but again, that's just me.

    I hope this goes well. I can't wait to see the response you get.

  5. #5
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    Default Re: Letter to State Rep - Firearms Licensing Practices

    Quote Originally Posted by brad5452 View Post
    I'm not trying to come off as a jerk, but I think making a few changes might make the rep take it more seriously.
    Brad, this is America. If you want to be a jerk (which is a separate issue), it's your right to do so and I'll support you completely. Changes? Constructive criticism is always appreciated. I may, at times, be a good writer, but I don't profess to be a great writer.

    The last sentence of the first paragraph should be "Is anyone responsible?" so you should change that before you send it.
    Fixed.

    Also, if you plan on using underline like you did in your post, make sure you underline Monroe county and Philadelphia, you seem to have forgotten to.
    Also fixed.

    Personally, I would change "His authority to add such restrictions? None." to something more like "He does not have the authority to make such restrictions." because it sounds a bit weird to me, but again, that's just me.
    And that, Sir, is why they have horse races.

    I hope this goes well. I can't wait to see the response you get.
    Any response will be posted.

    Again, Brad, your eagle eye is appreciated.

  6. #6
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    Default Re: Letter to State Rep - Firearms Licensing Practices

    Quote Originally Posted by Remington788 View Post
    Chester County does what?
    Sorry 'bout that, it's Montgomery County (all you eastern places just appear a one big blur inside my head).

    I fixed the letter.

    Thank you for noticing the error.

  7. #7
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    Default Re: Letter to State Rep - Firearms Licensing Practices

    Quote Originally Posted by Statkowski View Post
    Sorry 'bout that, it's Montgomery County (all you eastern places just appear a one big blur inside my head).

    I fixed the letter.

    Thank you for noticing the error.

    Oh, what does Montgomery county do?

  8. #8
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    Default Re: Letter to State Rep - Firearms Licensing Practices

    Quote Originally Posted by Remington788 View Post
    Oh, what does Montgomery county do?
    When applying for a license, you are required to take a "Police Check Card" to your local police department and have them say that you're okay to get a license.

    It's an extra step in the process, required by the Sheriff without any lawful requirement for such. State law says the Sheriff is required to do the background investigation, it doesn't say that you have to do any running around for him.

  9. #9
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    Default Re: Letter to State Rep - Firearms Licensing Practices

    Quote Originally Posted by Remington788 View Post
    Oh, what does Montgomery county do?

    Link > http://www.montcopa.org/DocumentCenter/View/732

    #1 and #3, for starters.
    While many claim to support the right, precious few support the practice.

  10. #10
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    Default Re: Letter to State Rep - Firearms Licensing Practices

    Quote Originally Posted by Statkowski View Post
    When applying for a license, you are required to take a "Police Check Card" to your local police department and have them say that you're okay to get a license.

    It's an extra step in the process, required by the Sheriff without any lawful requirement for such. State law says the Sheriff is required to do the background investigation, it doesn't say that you have to do any running around for him.

    If I remember correctly, the local police departments charge $25 for this 'service', which is in addition to the $20 the Sheriff is legally allowed to charge for the license.
    While many claim to support the right, precious few support the practice.

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