CCW renewal problem

[XaotikDesigns]

A six month delay to contest a speeding citation? What ever happen to a your right to a speedy trial?

Better than the time they waited over a year to actually send me the citation...

[God's Country]

I got a speeding ticket. I pled not guilty, and the hearing was scheduled for six months later...

In the mean time, my CCW is expiring, so I out in to renew it.

I was declined by the Allegheny county sheriff because I am awaiting a hearing.

Is this correct? A hearing for a charge that would not disqualify me for a ccw will prevent me from getting a ccw?

I tried looking the info up, but wasn't finding anything.

(a) Purpose of license.--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 throughout this Commonwealth.
(b) Place of application.--An individual who is 21 years of age or older may apply to a sheriff for a license to carry a firearm concealed on or about his person or in a vehicle within this Commonwealth. If the applicant is a resident of this Commonwealth, he shall make application with the sheriff of the county in which he resides or, if a resident of a city of the first class, with the chief of police of that city.
(c) Form of application and content.--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. One of the following reasons for obtaining a firearm license shall be set forth in the application: self-defense, employment, hunting and fishing, target shooting, gun collecting or another proper reason. The application form shall be dated and signed by the applicant and shall contain the following statement:
I have never been convicted of a crime that prohibits me from possessing or acquiring a firearm under Federal or State law. I am of sound mind and have never been committed to a mental institution. I hereby certify that the statements contained herein are true and correct to the best of my knowledge and belief. I understand that, if I knowingly make any false statements herein, I am subject to penalties prescribed by law. I authorize the sheriff, or his designee, or, in the case of first class cities, the chief or head of the police department, or his designee, to inspect only those records or documents relevant to information required for this application. If I am issued a license and knowingly become ineligible to legally possess or acquire firearms, I will promptly notify the sheriff of the county in which I reside or, if I reside in a city of the first class, the chief of police of that city.
(d) Sheriff to conduct investigation.--The sheriff to whom the application is made shall:
(1) investigate the applicant's record of criminal conviction;
(2) investigate whether or not the applicant is under indictment for or has ever been convicted of a crime punishable by imprisonment exceeding one year; (3) investigate whether the applicant's character and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety;
(4) investigate whether the applicant would be precluded from receiving a license under subsection (e)(1) or section 6105(h) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms); and
(5) conduct a criminal background, juvenile delinquency and mental health check following the procedures set forth in section 6111 (relating to sale or transfer of firearms), receive a unique approval number for that inquiry and record the date and number on the application.
(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. [FN1]
(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.
(2) Deleted by 1995, June 13, No. 17 (Spec. Sess. No. 1), § 2, effective in 120 days.
<Text of subsec. (e)(3) effective until publication of the notice under 18 Pa.C.S.A. § 6109(h)(2) or five years and 60 days [Jan. 10, 2011], whichever is first.>
(3) The license to carry a firearm shall be designed to be uniform throughout this Commonwealth and shall be in a form prescribed by the Pennsylvania State Police. The license shall bear the following:
(i) The name, address, date of birth, race, sex, citizenship, height, weight, color of hair, color of eyes and signature of the licensee.
(ii) The signature of the sheriff issuing the license.
(iii) [Reserved]
(iv) [Reserved]
(v) The reason for issuance.
(vi) The period of validation.
The sheriff may also require a photograph of the licensee on the license.
<Text of subsec. (e)(3) effective upon publication of the notice under 18 Pa.C.S.A. § 6109(h)(2) or five years and 60 days [Jan. 10, 2011], whichever is first.>
(3) The license to carry a firearm shall be designed to be uniform throughout this Commonwealth and shall be in a form prescribed by the Pennsylvania State Police. The license shall bear the following:
(i) The name, address, date of birth, race, sex, citizenship, height, weight, color of hair, color of eyes and signature of the licensee.
(ii) The signature of the sheriff issuing the license.
(iii) A license number of which the first two numbers shall be a county location code followed by numbers issued in numerical sequence.
(iv) The point-of-contact telephone number designated by the Pennsylvania State Police under subsection (l).
(v) The reason for issuance.
(vi) The period of validation.
<Text of subsec. (e)(4) effective upon publication of the notice under 18 Pa.C.S.A. § 6109(h)(2) or five years and 60 days [Jan. 10, 2011], whichever is first.>
(4) The sheriff shall require a photograph of the licensee on the license. The photograph shall be in a form compatible with the Commonwealth Photo Imaging Network.
(5) The original license shall be issued to the applicant. The first copy of the license shall be forwarded to the Pennsylvania State Police within seven days of the date of issue. The second copy shall be retained by the issuing authority for a period of seven years. Except pursuant to court order, both copies and the application shall, at the end of the seven-year period, be destroyed unless the license has been renewed within the seven-year period.
(f) Term of license.--
(1) A license to carry a firearm issued under subsection (e) shall be valid throughout this Commonwealth for a period of five years unless extended under paragraph (3) or sooner revoked.
(2) At least 60 days prior to the expiration of each license, the issuing sheriff shall send to the licensee an application for renewal of license. Failure to receive a renewal application shall not relieve a licensee from the responsibility to renew the license.
(3) Notwithstanding paragraph (1) or any other provision of law to the contrary, a license to carry a firearm that is held by a member of the United States Armed Forces or the Pennsylvania National Guard on Federal active duty and deployed overseas that is scheduled to expire during the period of deployment shall be extended until 90 days after the end of the deployment.
(4) Possession of a license, together with a copy of the person's military orders showing the dates of overseas deployment, including the date that the overseas deployment ends, shall constitute, during the extension period specified in paragraph (3), a defense to any charge filed pursuant to section 6106 (relating to firearms not to be carried without a license) or 6108 (relating to carrying firearms on public streets or public property in Philadelphia).
(g) Grant or denial of license.--Upon the receipt of an application for a license to carry a firearm, the sheriff shall, within 45 days, issue

IMO they're being assholes.
I don't see anything that could prevent you from having an ltcf issued.
I highlighted the only text that somehow may be warped into a temporary wait and see on the application. Of course it ludicrous. You may want to research the recent judgment against Philly for rejecting applicants for parking tickets and similar situations.

I don't even see how character and reputation could be used pending the hearing since it was a simple traffic citation.

The biggest issue I see is if you were officially denied you have 30 days to file an appeal with the common court otherwise the denial is permanent for a one year period from denial. Further if the sheriff is contending that there is a possibility you could be prohibited pending the result of this hearing I would think your current ltcf would have been revoked as well.

There is a 60 day grace period of sorts after the expiration of your ltcf, but only lawful if you have not become ineligible during that period, which could go either way...who knows?

I hate to say this but you really need to speak with an attorney if for no other reason, to be sure you get an appeal in before the 30 day appeal deadline.

I'd be really pissed right about now. Once again Pa proves itself to be may issue.



ETA:

Better than the time they waited over a year to actually send me the citation...

Any other surprises?

[soberbyker]

IMO they're being assholes.
I don't see anything that could prevent you from having an ltcf issued.
I highlighted the only text that somehow may be warped into a temporary wait and see on the application. Of course it ludicrous. You may want to research the recent judgment against Philly for rejecting applicants for parking tickets and similar situations.

I don't even see how character and reputation could be used pending the hearing since it was a simple traffic citation.

The biggest issue I see is if you were officially denied you have 30 days to file an appeal with the common court otherwise the denial is permanent for a one year period from denial. Further if the sheriff is contending that there is a possibility you could be prohibited pending the result of this hearing I would think your current ltcf would have been revoked as well.

There is a 60 day grace period of sorts after the expiration of your ltcf, but only lawful if you have not become ineligible during that period, which could go either way...who knows?

I hate to say this but you really need to speak with an attorney if for no other reason, to be sure you get an appeal in before the 30 day appeal deadline.

I'd be really pissed right about now. Once again Pa proves itself to be may issue.



ETA:



Any other surprises?

Better than the time they waited over a year to actually send me the citation...

Could there be a pattern of motor vehicle violations? That could very well be considered a character and reputation flag for the sheriff.

[God's Country]

Could there be a pattern of motor vehicle violations? That could very well be considered a character and reputation flag for the sheriff.

Philly could (and was) saying the same about unpaid parking tickets.


I still think it's a stretch unless we're talking reckless driving, but that would be beyond simple traffic citation,IIRC.

[eagleclaw]

Better than the time they waited over a year to actually send me the citation...

From my recollection the statue of limitations are 2 years for summary offences. When traffic offences are involved, there are some circumstances when the arresting officer has to issue the citation on the spot. If the situation involves an investigation the police may have up to 30 days to file. There are some exceptions where an officer may have a longer time period. Refer to http://www.legis.state.pa.us/WU01/LI...5.053.000..HTM
However my point was that on your initial post you stated that the hearing was scheduled for 6 months into the future after you pled and requested a hearing. I was pointing out that I thought this was an excessive delay for a summary hearing. I’m not a lawyer but it appears the six month delay is legal via subsection (e) on the aforementioned link.

[soberbyker]

Philly could (and was) saying the same about unpaid parking tickets.


I still think it's a stretch unless we're talking reckless driving, but that would be beyond simple traffic citation,IIRC.

While I agree, the whole character and reputation clause is very loosely interpreted by some counties, so much so that it could very well be because of traffic tickets and the outcome of the pending hearing that has caused the delay. The character and reputation clause needs to be gotten rid of, it can turn shall issue into may issue, at the very least it needs to be better defined.

[streaker69]

Could there be a pattern of motor vehicle violations? That could very well be considered a character and reputation flag for the sheriff.

It could be a preponderance of traffic citations that might weigh in on the decision.

[God's Country]

While I agree, the whole character and reputation clause is very loosely interpreted by some counties, so much so that it could very well be because of traffic tickets and the outcome of the pending hearing that has caused the delay. The character and reputation clause needs to be gotten rid of, it can turn shall issue into may issue, at the very least it needs to be better defined.

Agreed on all points.
Also why I mentioned Philly, because IIRC they no longer can deny for C&R over traffic violations, or so I believe. If it turns out to be a true story and as ludicrous as it appears to be on the surface I would think that judgment could be used on appeal, if it gets that far.