Is this truly a reason for denial?

[michael v. 1977]

Prior threads providing the story leading up to this point (in chronological order):

http://www.pafoa.org/forum/question-...t-verdict.html
http://www.pafoa.org/forum/question-...challenge.html
http://www.pafoa.org/forum/concealed...r-45-days.html
http://www.pafoa.org/forum/concealed...verturned.html
http://www.pafoa.org/forum/concealed...on-denial.html
~gnbrotz

" Arrested for a felony or misdemeanor of the second degree or higher it the last 15 years"
Is this the law or a VIOLATION OF MY RIGHTS

[MrUgly]

" Arrested for a felony or misdemeanor of the second degree or higher it the last 15 years"
Is this the law or a VIOLATION OF MY RIGHTS

Huh?

Please provide the following:
1) Where did you see that phrase?
2) What were you trying to do?
3) Why do you think it applies to you?

It doesn't sound like a question from a Form 4473, and while your quote is pretty mangled, it could be from an LtCF application.

[knighthawk06699]

Huh?

Please provide the following:
1) Where did you see that phrase?
2) What were you trying to do?
3) Why do you think it applies to you?

It doesn't sound like a question from a Form 4473, and while your quote is pretty mangled, it could be from an LtCF application.

Yes sir, more information is a must here.

[MrUgly]

Mkay. Did some digging, (Wasn't hard, the "deniel" misspelling made the posts leap to the top of the search.) and the OP appears to have applied for an LtCF.

OP was given PWOV (Probation with out verdict, probation completed in 2003)
http://www.pafoa.org/forum/question-...t-verdict.html

He received a call from the Sheriff saying his application was denied.
http://www.pafoa.org/forum/concealed...r-45-days.html

You waited over a month to challenge a denial? I think you will have to wait a year before you can re-apply, gnbrotz can answer that one, but I'm certain you are owed a written explanation.

To answer the question, yes, a felony conviction is sufficient to deny you an LtCF in PA, or a misdemeanor conviction of two years or greater.

[ohsee]

Also, anything under that could be considered reason enough according to that specific sheriff. He has the ability to deny a license because of character issues, and other convictions can speak to that. Your references can too.

[PisnNapalm]

You have 30 days to file an appeal. After that you must wait to reapply after 1 years time.

[pex]

You have 30 days to file an appeal. After that you must wait to reapply after 1 years time.

No. After that, you can keep trying to apply but have no recourse until a year.

[PisnNapalm]

Ahhh... ok. I thought you could not reapply for one year.

[michael v. 1977]

(shawn.l writing for mike)

I went down to the sheriffs today to ask why I was denied as i had been waiting for my denial letter for nearly a month. They told me the letter had been sent out and returned undelivered.
This is the letter they gave me there verbatim:

RE: Denial of License to Carry a Concealed Firearm

Mr. ----------

Your Application for a License to Carry a Concealed Firearm has been denied for the following reason(s):
ARRESTED FOR A FELONY OR A MISDEMEANOR OF THE SECOND DEGREE OR HIGHER IN THE LAST FIFTEEN (15) YEARS:

1. DATE: Febuary 24, 2002 (2/24/02):
a. Possesion of a controlled substance by an unregistered person except by prescription is unlawful - County Probation w/o Verdict-9 months.
2. DATE: September 20, 2005 (9/20/05):
a. Burglary-F1
3. DATE: November 20, 2005 (11/20/05):
a. Possesion of a controlled substance by an unregistered person except by perscription os unlawful-M
b. Use of drug paraphanalia for purposes in violation of this act-M
c. Recieving stolen property-M2-Plead Gulity
d. Criminal attemt recieving stolen property

You may appeal this denial by filing an appeal, within thirty (30) days, on the form provided or by letter stating the reason for your appeal. The appeal must be recieved by the sheriff's office within thirty (30) days. Upon reciept of a timely appeal, the Sheriff's office will schedule a hearing and notify you of the date, time, and, and location for your hearing.

sincerly,

Joseph A. Rizzo, Chief Deputy
Alleghany County Sheriffs Office

the date of the top is June 27, 2008
all of those listed with the exception of the guilty plea and the PWOV where charges that where dismissed.
I already have a denial reversal letter from the PSP for the PWOV which states:

Please be advised that your challenge concerning the recent PICS background check has resulted in a findind that you are not prohibited from the license to carry a firearm.

[gnbrotz]

Mkay. Did some digging, (Wasn't hard, the "deniel" misspelling made the posts leap to the top of the search.) and the OP appears to have applied for an LtCF.

OP was given PWOV (Probation with out verdict, probation completed in 2003)
http://www.pafoa.org/forum/question-...t-verdict.html

He received a call from the Sheriff saying his application was denied.
http://www.pafoa.org/forum/concealed...r-45-days.html

You waited over a month to challenge a denial? I think you will have to wait a year before you can re-apply, gnbrotz can answer that one, but I'm certain you are owed a written explanation.

To answer the question, yes, a felony conviction is sufficient to deny you an LtCF in PA, or a misdemeanor conviction of two years or greater.

If I recall, while this poster did receive a phone call notifying him of denial, he was never notified via certified mail (as required by statute):

§6109 - Licenses
(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 or refuse to issue a license on the basis of the investigation under subsection (d) and the accuracy of the information contained in the application. If the sheriff refuses to issue a license, the sheriff shall notify the applicant in writing of the refusal and the specific reasons. The notice shall be sent by certified mail to the applicant at the address set forth in the application.

The first thing that I thought when I saw this new thread, is that he finally received his letter of notification, and the quote he was questioning was the listed reason for the denial. However, this has not been made clear. **The post above this one was made while this one way being composed. It seems to confirm my assumption.

If that is the case, the appeal clock has begun to tick. 30 days and counting......

No. After that, you can keep trying to apply but have no recourse until a year.

Just curious how you arrived at this conclusion? My reading of the statute basically says you are "barred from submitting a new application" until one year has passed.

§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. (Chgd. by L.1995, Spec. Sess. 1, Act 17(8), eff 10/11/95.)

What would be the purpose to even attempt a new application before the year has passed?