Thought on Preemption Lawsuits

[tl_3237]

I agree that playing with the references is fatal to the citizen's case.

Getting a writ of mandamus to issue an LTCF is a problem, where the Sheriff has a judgment call to make, and an investigation is required. Courts don't like to do that. It would be more fruitful to ask for a writ compelling the processing of the application; except that it would probably require a new application (without the special language), and there's a statutory waiting period that arguably applies.

I remember about re-application waiting period but can't remember where it is in the statutes. I assume the sheriff did not reference PICS because of the two reasons cited, the application was dead on arrival, if that affects the waiting period.

[GunLawyer001]

I remember about re-application waiting period but can't remember where it is in the statutes. I assume the sheriff did not reference PICS because of the two reasons cited, the application was dead on arrival, if that affects the waiting period.

§ 6114. Judicial review
The action of the chief of police, sheriff, county treasurer or other officer under this subchapter shall be subject to judicial review in the manner and within the time provided by 2 Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local agency action). A judgment sustaining a refusal to grant a license shall not bar, after one year, a new application; nor shall a judgment in favor of the petitioner prevent the defendant from thereafter revoking or refusing to renew such license for any proper cause which may thereafter occur. The court shall have full power to dispose of all costs.

[tl_3237]

§ 6114. Judicial review
The action of the chief of police, sheriff, county treasurer or other officer under this subchapter shall be subject to judicial review in the manner and within the time provided by 2 Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local agency action). A judgment sustaining a refusal to grant a license shall not bar, after one year, a new application; nor shall a judgment in favor of the petitioner prevent the defendant from thereafter revoking or refusing to renew such license for any proper cause which may thereafter occur. The court shall have full power to dispose of all costs.

Thanks.

So the waiting period is triggered by a judicial review (which has yet to be initiated). Could the OP simply submit a corrected application removing the reference impediment?

[wanneroo]

I guess my question would be after reading all this is how to deal with our local sheriff here in Tioga County?

We have a sheriff that made his own rules not accepting any non resident LTCF applications(his reasoning was because of a rude new yorker that came in one time) or allowing any applications from people who have not lived in PA for at least one year or for those that don't have any local references.

So far we have had people affected by this complain about it(including on this forum) but none have shown any interest in taking it further. I'm not personally affected by it myself so I don't know what I can do. Personally I don't have cash right now for lawsuits and such.

[GunLawyer001]

Thanks.

So the waiting period is triggered by a judicial review (which has yet to be initiated). Could the OP simply submit a corrected application removing the reference impediment?

Letting the appeal period lapse might be construed as starting the 1-year clock. I'm not sure how a second application within that 30-day period would be handled, but I doubt that it would succeed.

[TMOwen5257]

Appreciate all your speculation and supposition. I guess we'll just have to see how it plays out. I'll keep you abreast of developments as they occur. Wish me luck.

[jim-analog]

Greetings,

Good luck Bro!

I have a buddy that may end up in a similar situation regarding the dual residence issue when he goes to renew his PA LTCF, since moving to NM last year (though maintaining ownership of a house, paying taxes, etc. in PA). Kind of confused by the info he's received so far from the Pike Co Sheriff.

Hope you win big!

Regards, Jim

Appreciate all your speculation and supposition. I guess we'll just have to see how it plays out. I'll keep you abreast of developments as they occur. Wish me luck.

[TMOwen5257]

Quick update.

Joshua Prince, Atty, sent correspondence on my behalf to MontCo Solicitor Cullen reminding Mr. Cullen and Sherriff Bono of the provisions and prohibitions of 6109, 6114 and 6120, along with a polite reminder that pursuant to Section 6119, a violation of either Section 6109 or 6120 is a misdemeanor of the 1st degree.

Awaiting a response.

[TMOwen5257]

Received this message today from my Attorney, Joshua Prince:

I just got off the phone with Attorney Cullen (MontCo Solicitor), as I sent him an email and left a VM for him earlier this morning that I needed to know today whether to file an appeal. He has stated that he is going to have the Sheriff process your application. He is going to get in touch with the Sheriff today, so that it can be processed; however, the Sheriff’s Department isn’t willing to pay any attorney fees.

I'll decide in the next few days if I think I have a good probability of prevailing in a civil action for recovery of the attorney fees this has needlessly cost me. Right now though, I'm leaning toward filing a small claim action. The Sheriff should be held accountable for his unlawful actions and the monetary damage he inflicted on me.

To anyone needing assistance in a firearm related legal matter, I highly recommend Joshua Prince for legal representation.

[TMOwen5257]

I received a voice message from the Montgomery County LTCF unit this morning. Message advised that my non-resident PA LTCF was ready to be issued and that I need to stop by the courthouse to be photographed.

I'll now start the process of recovering the legal fees the MontCo Sheriff & Solicitor forced me to needlessly incur. This whole process of my non-resident LTCF illegal denial, successful challenge and the ultimate cost of taxpayer funds is absurd. I hope the Sheriff and Solicitor are proud of their abuse of authority, disregard of PA laws and waste of their and my time in this matter.