Results 21 to 29 of 29
-
January 23rd, 2014, 02:01 PM #21
-
January 23rd, 2014, 02:25 PM #22
Re: Has the Montco Sheriff's office stopped sending out LTCF renewal notices?
I would suspect that most, if not all, of the actual processing and issuance of an LTCF is done by subordinates in the Sheriff's office. I did not think that was the crux of what you were trying to bring out.
With a change in administration there is a potential re-prioritization of duties for those subordinates, which are the finite resources of that office. Since the Sheriff's office has more duties than the issuance of LTCF's (court functioning and security, tax sale, etc.), there is the potential that the new administration will divert some of those resources towards or away from LTCF processing. That could have either a favorable or adverse effect on the issuance timelines.IANAL
-
January 23rd, 2014, 02:51 PM #23Grand Member
- Join Date
- Oct 2008
- Location
-
Harrisburg area,
Pennsylvania
(Dauphin County) - Posts
- 4,683
- Rep Power
- 21474856
Re: Has the Montco Sheriff's office stopped sending out LTCF renewal notices?
tl_3237, can you speak to what legal (not electoral) penalty, if any, the sheriff theoretically might face for deliberately neglecting or otherwise failing in his duty prescribed by § 6109 to "At least 60 days prior to the expiration of each license … send to the licensee an application for renewal of license."?
I suppose one might sue the sheriff civilly and request that the court direct him to do so. But is there any applicable criminal penalty?I am not a lawyer. Nothing I say or write is legal advice.
-
January 23rd, 2014, 04:37 PM #24
Re: Has the Montco Sheriff's office stopped sending out LTCF renewal notices?
There are a few statutes that facially would seem to apply but one must take into consideration whether the nonfeasance by the Sheriff was a conscious and deliberate act of delay without justification. I would seriously doubt that any court would sustain criminal sanction against the sheriff without convincing evidence that he acted out of malice. Should a particular act of nonfeasance be unintentional and non-systemic, such as inability to meet deadlines in a timely manner due to documentable lack of resources, then a court would resist applying criminal sanctions. At issue would be whether there is criminal culpability as defined in Chapter 3 of title 18 PA CS and, if so, whether the infraction was of a minor nature:
18 PA CS § 312. De minimis infractions.
(a) General rule.--The court shall dismiss a prosecution if,
having regard to the nature of the conduct charged to constitute
an offense and the nature of the attendant circumstances, it
finds that the conduct of the defendant:
(1) was within a customary license or tolerance, neither
expressly negatived by the person whose interest was
infringed nor inconsistent with the purpose of the law
defining the offense;
(2) did not actually cause or threaten the harm or evil
sought to be prevented by the law defining the offense or did
so only to an extent too trivial to warrant the condemnation
of conviction; or
(3) presents such other extenuations that it cannot
reasonably be regarded as envisaged by the General Assembly
or other authority in forbidding the offense.
16 P.S. § 411. Penalty for neglect or refusal to perform duties
If any county officer neglects or refuses to perform any duty imposed on him by the provisions of this act, or by the provisions of any other act of Assembly, or by any rule of court, or other provision of law, he shall, for each such neglect or refusal, be guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars ($500).
16 P.S. § 450. Removal of county officers and appointees
(a) The county commissioners, the sheriffs, coroners, prothonotaries, registers of wills, recorders of deeds, treasurers, auditors or controllers, clerks of the courts, district attorneys and any other officers of the several counties, whether elected or duly appointed to fill a vacancy, shall be removable from office only by impeachment, or by the Governor for reasonable cause after due notice and full hearing on the advice of two-thirds of the Senate, or upon conviction of misbehavior in office, or of any infamous crime in accordance with the Constitution of this Commonwealth, but their title to office may be tried by proceedings of quo warranto as provided by law.
(b) Appointees to county offices or positions other than to elected offices shall be subject to removal at the pleasure of the appointing power, except as otherwise expressly provided by law, and they shall also be removed on conviction of misbehavior in office or of any infamous crime.
18 Pa CS § 6119. Violation penalty.
Except as otherwise specifically provided, an offense under
this subchapter constitutes a misdemeanor of the first degree.Last edited by tl_3237; January 23rd, 2014 at 04:40 PM.
IANAL
-
January 28th, 2014, 06:30 PM #25Active Member
- Join Date
- Feb 2009
- Location
-
West of Philly,
Pennsylvania
(Montgomery County) - Posts
- 152
- Rep Power
- 81
Re: Has the Montco Sheriff's office stopped sending out LTCF renewal notices?
I received my renewal notice, went to Courthouse, 15 minutes later on way home for another five years. :-)
1 step at a time will get you through a hard journey!
-
January 29th, 2014, 10:47 AM #26
Re: Has the Montco Sheriff's office stopped sending out LTCF renewal notices?
Wouldn't it be so much easier if they just put the date of expiration on your LTCF?
You could look at it. You could see when it expires.Then you would know when the 60 days are approaching and go in to renew it if they failed to send you a notice.
-
January 29th, 2014, 10:48 AM #27Grand Member
- Join Date
- Oct 2008
- Location
-
Harrisburg area,
Pennsylvania
(Dauphin County) - Posts
- 4,683
- Rep Power
- 21474856
Re: Has the Montco Sheriff's office stopped sending out LTCF renewal notices?
Last edited by twency; January 29th, 2014 at 10:52 AM.
I am not a lawyer. Nothing I say or write is legal advice.
-
January 29th, 2014, 11:37 AM #28
Re: Has the Montco Sheriff's office stopped sending out LTCF renewal notices?
Sarcasm is totally lost on some people.
-
January 29th, 2014, 11:44 AM #29Grand Member
- Join Date
- Oct 2008
- Location
-
Harrisburg area,
Pennsylvania
(Dauphin County) - Posts
- 4,683
- Rep Power
- 21474856
Similar Threads
-
LTCF Renewal in Montco
By giant_g2 in forum Concealed CarryReplies: 14Last Post: December 10th, 2013, 09:35 PM -
Montco LTCF Renewal
By TcRoc in forum Concealed & Open CarryReplies: 2Last Post: September 6th, 2011, 01:35 PM -
Montco LTCF Renewal
By victory in forum Concealed CarryReplies: 5Last Post: February 23rd, 2011, 09:35 PM -
Luzerne County fails to send LTCF renewal notices
By schr8er2000 in forum PennsylvaniaReplies: 1Last Post: April 16th, 2010, 08:21 AM -
Does Sheriff's office call neighbors for CCW renewal?
By Sig_Dude in forum GeneralReplies: 14Last Post: April 27th, 2008, 12:48 PM
Bookmarks