Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Oct 2007
    Location
    East Stroudsburg, Pennsylvania
    (Monroe County)
    Age
    56
    Posts
    6,123
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    428221

    Default We are not really having a great week.....

    Wife's LTCF application came back denied due to failure to provide requested information. She put my sister down as a reference, not realizing that she was considered related(as in not blood relative). She gave another reference, but the deputy, after telling her he would send out a card, just sent the denial letter. We don't have the cash to fight the denial on iffy grounds, and although I think that if half the counties in Pa, can issue on the spot just by doing a background check from your DL info, then why should others get away with this whole 45 day, tax forms, references, crap, I am not sure it will pass court muster. The wife is like,"whatever", at this point, and I can't force her to fight it. My head is going to explode very soon, I think.........

    "I would rather be exposed to the inconveniences attending too much liberty
    than to those attending too small a degree of it."~Thomas Jefferson, 1791
    Hobson fundraiser Remember SFN Read before you Open Carry

  2. #2
    Join Date
    Mar 2008
    Location
    Reading, Pennsylvania
    (Berks County)
    Age
    39
    Posts
    1,137
    Rep Power
    191

    Default Re: We are not really having a great week.....

    Damn, crappy week man. My suggestion;
    1.Get gun.
    2.Get ammo.
    3.Go to range.
    4.Make big noise.
    5.Repeat #4 as neccisary.

  3. #3
    Join Date
    Oct 2007
    Location
    East Stroudsburg, Pennsylvania
    (Monroe County)
    Age
    56
    Posts
    6,123
    Rep Power
    428221

    Default Re: We are not really having a great week.....

    Quote Originally Posted by CommonHighrise View Post
    Damn, crappy week man. My suggestion;
    1.Get gun.
    2.Get ammo.
    3.Go to range.
    4.Make big noise.
    5.Repeat #4 as neccisary.
    GRRRRRR...I am broke also I am waiting on a check from some work I did last week. Being self employed can suck sometimes.......

    "I would rather be exposed to the inconveniences attending too much liberty
    than to those attending too small a degree of it."~Thomas Jefferson, 1791
    Hobson fundraiser Remember SFN Read before you Open Carry

  4. #4
    Join Date
    Apr 2008
    Location
    Columbia, Pennsylvania
    (Lancaster County)
    Posts
    37
    Rep Power
    0

    Default Re: We are not really having a great week.....

    Seems fishy. Can she simply re-apply, with "acceptable" references? Does she need to appeal the decision?

    I know my references were not even contacted (Lancaster Cnty). The deputy that I spoke with said there were no real restricitions on refs.--didn't even have to live in the state.

  5. #5
    Join Date
    Oct 2007
    Location
    East Stroudsburg, Pennsylvania
    (Monroe County)
    Age
    56
    Posts
    6,123
    Rep Power
    428221

    Default Re: We are not really having a great week.....

    Monroe, like so many places in this great commonwealth, make up their own rules. You either fight it, or you have to wait a year to reapply....

    "I would rather be exposed to the inconveniences attending too much liberty
    than to those attending too small a degree of it."~Thomas Jefferson, 1791
    Hobson fundraiser Remember SFN Read before you Open Carry

  6. #6
    Join Date
    Mar 2006
    Location
    Mountain Top, Pennsylvania
    (Luzerne County)
    Age
    53
    Posts
    11,944
    Rep Power
    632700

    Default Re: We are not really having a great week.....

    This needs to be appealed.

    1)
    "The application for a
    license to carry a firearm shall be uniform throughout this
    Commonwealth and shall be on a form prescribed by the
    Pennsylvania State Police. The form may contain provisions, not
    exceeding one page, to assure compliance with this section.
    Issuing authorities shall use only the application form
    prescribed by the Pennsylvania State Police."

    ref: 18PACS§6109(c)

    2)
    Relationship of references is not an applicable factor on the prescribed PSP form.

    3)
    Even if #2, above, was applicable, failure to fill out the form correctly is NOT one of the listed reasons to "deny" a License to Carry Firarms Ref: 18PACS§6109(e)(1)
    In such a case of improper application the application should have been rejected. To which it could be re-submitted.


    This "denial" was not legal and should be appealed.

  7. #7
    Join Date
    Apr 2008
    Location
    Saylorsburg, Pennsylvania
    (Monroe County)
    Age
    44
    Posts
    4,718
    Rep Power
    21851

    Default Re: We are not really having a great week.....

    Quote Originally Posted by Nastrand69 View Post
    Seems fishy. Can she simply re-apply, with "acceptable" references? Does she need to appeal the decision?

    I know my references were not even contacted (Lancaster Cnty). The deputy that I spoke with said there were no real restrictions on refs.--didn't even have to live in the state.
    In Monroe thats not the case. They send out postcards to your contacts and then if a contact doesn't reply they send you a letter advising to call them to have an alternate sent out.

    I'm really surprised they didn't just give you the "Give us another Contact" letter... then again they still have 45 days so any delay anywhere will cause issues...

    "All references MUST be full time MONROE COUNTY, PA. residents only! Family members, or those who
    reside at the same address as you are NOT acceptable. References can not be related or reside at the same address
    as one another. You must provide their complete home mailing address and phone number. If any of your
    references fail to return the questionnaire within the 45 days, your application may be denied or delayed."

    http://www.co.monroe.pa.us/judicial/...rearms_App.pdf
    Last edited by Dredly; May 28th, 2008 at 02:16 PM.
    The first vehicles normally on the scene of a crime are ambulances and police cruisers. If you are armed you have a chance to decide who gets transported in which vehicle, if you are not armed then that decision is made for you.

    Be prepared, because someone else already is and no one knows their intent except them.

  8. #8
    Join Date
    Mar 2006
    Location
    Mountain Top, Pennsylvania
    (Luzerne County)
    Age
    53
    Posts
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    Rep Power
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    Default Re: We are not really having a great week.....

    Headcase, please fight this. Even if you can not hire an attorney.

    No where is it listed that filling out the application incorrectly is a reason for denial. Not to mention that the stipulation on the application is also not authorized by law (relation to reference).

    18PACS6109
    (e) Issuance of license.--
    (1) A license to carry a firearm shall be for the
    purpose of carrying a firearm concealed on or about one's
    person or in a vehicle and shall be issued if, after an
    investigation not to exceed 45 days, it appears that the
    applicant is an individual concerning whom no good cause
    exists to deny the license. A license shall not be issued to
    any of the following:
    (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.
    (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.

  9. #9
    Join Date
    Sep 2006
    Location
    Douglassville, Pennsylvania
    (Berks County)
    Age
    65
    Posts
    1,274
    Rep Power
    6015

    Default Re: We are not really having a great week.....

    I am truly sorry to hear about how your week is going. You really should follow Pa. Patriot's advice and fight this one, even if you just call the sherriff's office. That may be enough to push the right buttons, for a change.
    Bill USAF 1976 - 1986, NRA Endowment, USCCA

  10. #10
    Join Date
    Mar 2007
    Location
    Chester Springs, Pennsylvania
    (Chester County)
    Posts
    2,249
    Rep Power
    21474856

    Default Re: We are not really having a great week.....

    Based on the previous responses, maybe the denial was a "clerical error" by a drone who doesn't know the difference between that and a "rejection". Maybe step one is to call the Sheriff and mention some of the information given above. Who knows, maybe there's still a county mounty out there somewhere willing to say "oops, my bad, send it in again".

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