conceal carry license revoked

[wifeofamarine]

My husband got into a road rage incident almost a year ago. The victim (and I use that term lightly), over exaggerated the situation, and played victim to the T. Apparently it doesn't matter that he tried pushing my husband off the highway, into the rumble strips twice...... nope, that's not harassment! Then the "victim" pulled something from inside his coat. So my hubby pulled his holstered gun from the center console.
Now this is what happens when you're a good law abiding citizen, and cooperate. The trooper would not have been able to charge my husband (or it would have been a long shot cause it would have been a he said- he said situation), if my husband didn't tell the truth, and say "yes, I grabbed my holstered gun from the center console because that gentleman had pulled something". My husband laid the holstered gun on top of the center console of our truck, never doing anything but making sure it was within reach if he needed it.
So the results from that was, he was charged with terrorist threats, harassment, and disorderly conduct. At the hearing, the terrorist threats charge was dropped and he was convicted of 2 non-traffic citations (harassment and disorderly conduct)..... summary offenses.
In the mail today he got a certified letter from the Sheriff's office stating his license is revoked for "charged with or convicted of a crime punishable by a term of imprisonment exceeding one year".
My question is, before we blow another $1000 on a lawyer, has anyone successfully had their license reinstated?
My hubby is a Marine. Has numerous training awards in firearms. He served overseas as Military Police with the Army. He was honorably discharged from both branches of military. He obviously is highly trained, and isn't some gangbanger on the street cause havoc. I'm just so frustrated by this whole situation. Any help or advice would be greatly appreciated...... Thanks :-)

[Gun]

My husband got into a road rage incident almost a year ago. The victim (and I use that term lightly), over exaggerated the situation, and played victim to the T. Apparently it doesn't matter that he tried pushing my husband off the highway, into the rumble strips twice...... nope, that's not harassment! Then the "victim" pulled something from inside his coat. So my hubby pulled his holstered gun from the center console.
Now this is what happens when you're a good law abiding citizen, and cooperate. The trooper would not have been able to charge my husband (or it would have been a long shot cause it would have been a he said- he said situation), if my husband didn't tell the truth, and say "yes, I grabbed my holstered gun from the center console because that gentleman had pulled something". My husband laid the holstered gun on top of the center console of our truck, never doing anything but making sure it was within reach if he needed it.
So the results from that was, he was charged with terrorist threats, harassment, and disorderly conduct. At the hearing, the terrorist threats charge was dropped and he was convicted of 2 non-traffic citations (harassment and disorderly conduct)..... summary offenses.
In the mail today he got a certified letter from the Sheriff's office stating his license is revoked for "charged with or convicted of a crime punishable by a term of imprisonment exceeding one year".
My question is, before we blow another $1000 on a lawyer, has anyone successfully had their license reinstated?
My hubby is a Marine. Has numerous training awards in firearms. He served overseas as Military Police with the Army. He was honorably discharged from both branches of military. He obviously is highly trained, and isn't some gangbanger on the street cause havoc. I'm just so frustrated by this whole situation. Any help or advice would be greatly appreciated...... Thanks :-)

What Are the Possible Penalties for Summary Offenses?
In Pennsylvania, a summary offense carries a maximum penalty of 90 days in jail and a $300 fine, though specific fines may be set out by law for certain offenses. For some summary offenses, such as underage drinking, a conviction may also carry a mandatory license suspension. A summary conviction may also appear as a criminal conviction on your record in any future background check for employment, military service, government clearance, etc.

http://www.cmlaw1.com/cited-summary-...nsylvania-now/

IANAL.

If what I quoted is true, then something is missing.

[Carson]

....
My question is, before we blow another $1000 on a lawyer, has anyone successfully had their license reinstated?
My hubby is a Marine. Has numerous training awards in firearms. He served overseas as Military Police with the Army. He was honorably discharged from both branches of military. He obviously is highly trained, and isn't some gangbanger on the street cause havoc. I'm just so frustrated by this whole situation. Any help or advice would be greatly appreciated...... Thanks :-)

A good, qualified lawyer is probably your best bet.

It appears you had the services of a lawyer for this incident, did they recommend a plea or was he found guilty of the remaining charges ?

[tl_3237]

How long ago was the hearing where the Terroristic Threats (M1) were dropped? The sheriff must revoke the license while that charge is still active per 18 Pa CS 6109i and (e)(1)(8).

(i) Revocation.--A license to carry firearms may be revoked by the issuing authority for good cause. A license to carry firearms shall be revoked by the issuing authority for any reason stated in subsection (e)(1) which occurs during the term of the permit. Notice of revocation shall be in writing and shall state the specific reason for revocation. Notice shall be sent by certified mail to the individual whose license is revoked, and, at that time, notice shall also be provided to the Pennsylvania State Police by electronic means, including e-mail or facsimile transmission, that the license is no longer valid. An individual whose license is revoked shall surrender the license to the issuing authority within five days of receipt of the notice. An individual whose license is revoked may appeal to the court of common pleas for the judicial district in which the individual resides. An individual who violates this section commits a summary offense.

(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:

(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).

Is it possible that the dropping of the charges and the revocation 'crossed in the mail'? - if so a call to the sheriff would be suggested to have him recheck the records.

Even if that is resolved in your husband's favor, there is still the possibility of a subsequent revocation under the character clause.

(e)(i) An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.

Would also be a good idea to check the docket sheets for his case and see how the disposition was recorded. Assuming the 'hearing' was before an MDJ then see here: https://ujsportal.pacourts.us/DocketSheets/MDJ.aspx

[wifeofamarine]

The hearing was this past Wednesday (5 days ago). The State Trooper did inform my husband that he was recommending that his license be permanently revoked through the sheriffs office. He said it is up to the Sheriff's department but that is what he is recommending. He didn't have too, he was just being a jerk! My lawyer said he has never heard of such a thing. Two summary counts that is drug related- yes, your license could be revoked. But not 2 summary counts non-drug related. I'm pretty positive we are going to fight it..... I'm just livid about all this money!

[wifeofamarine]

Yes, he plead guilty to harassment and disorderly summary counts. To avoid the misdemeanor charge of terrorist threats. He said he was wrong, in that he could have backed off (same as the victim could have backed off too.... but we won't talk about that...ugh!). So he said he was guilty of those two charges but absolutely was NOT guilty of terrorist threats.

[Gun]

The revocation can be appealed to common pleas which is probably the only chance of having it reversed.

Did your husband surrender the LTCF. He has 5 days from notice to do so. Violation is a summary offense.

Here is a link to Pa 6109 Licences. http://www.legis.state.pa.us/WU01/LI...1.009.000..HTM

[sprrdhawk44]

"I was in fear for my life, and will cooperate fully once I have consulted my attorney."


And that, kids, is why you do not talk to the police.

[wifeofamarine]

He has not turned it in yet. We just got it today and husband is still at work.

[wifeofamarine]

Exactly!!! That is exactly what will be said if he ever gets in hot water again........ which he better not! Lol