Denied for LTCF in Philadelphia. Submitted Appeal same-day. What's Next?

[kaboom24]

"Deleted"

[bigdawgbeav]

I'm, not familiar with the appeals process, but usually it's sent to the state police...

After that, contact a lawyer. Maybe they have you confused with someone else for the PFA...

[Hawk]

IANAL, but you had to of been served the PFA order. It lays out the rules of the PFA (what you can and cannot do). It's also possible they have you confused with someone else. You'll need to dig deeper.

[ungawa]

Someone? Did it say who had the PFA against you?

[kaboom24]

Thanks for the replies. No, it didn't say who had the PFA against me. But, I do remember the one and only possible incident from around that time, and I went to court and it was settled with a plea deal. I acknowledged that fact in my interview process. I've never been convicted of a domestic violence crime, and I can and have legally purchased firearms in the state. But I was completely oblivious to the fact that there was a PFA against me. Don't recall ever receiving something in the mail, or through a court. This was almost 10 years ago, fresh out of high school.

So my next question is, because there was allegedly a PFA against me, does that altogether count me out for a LTCF? Or was it simply the fact that I did not mention it? I will dig deeper and consult with a lawyer nonetheless.

[Sgt.K]

Thanks for the replies. No, it didn't say who had the PFA against me. But, I do remember the one and only possible incident from around that time, and I went to court and it was settled with a plea deal. I acknowledged that fact in my interview process. I've never been convicted of a domestic violence crime, and I can and have legally purchased firearms in the state. But I was completely oblivious to the fact that there was a PFA against me. Don't recall ever receiving something in the mail, or through a court. This was almost 10 years ago, fresh out of high school.

So my next question is, because there was allegedly a PFA against me, does that altogether count me out for a LTCF? Or was it simply the fact that I did not mention it? I will dig deeper and consult with a lawyer nonetheless.

IANAL, so this is worth what you paid for it:

If you indeed are the subject of the PFA in question, and the *existence* of said PFA is the reason for denial, then your appeal to the PSP is likely to be counterproductive, because it will still be on your record. Saying you weren't aware of it counts for exactly squat in this process, the record needs to be expunged - which is way beyond my expertise.

Good luck.

[KAT-21]

Hi All, I am brand new to the forum. I applied for my LTCF on 3/8/16, and waited 43 days 4/20/16 to go down to the permit unit for a status check. Upon my arrival I checked in, and they processed my application while I waited. About 30 minutes later I get called in, and they tell me that I was denied for the LTCF because I wasn't truthful about one thing: a PFA (Protection From Abuse) order from when I was about 17/18.

The problem is, and this is honest, I had no clue that there was ever a PFA against me, and I was never convicted of any domestic violence crime ever. But someone apparently had this PFA against me, and I didn't know AT ALL. So I was denied for "not cooperating, not being truthful, and for good cause." That's a summary of what my denial letter said.

Immediately after the denial I went over to file my appeal. My question for the forum is, what does the appeal process look like, and how long does it take once the appeal is requested? Any suggestions or tips?

I sought to be completely truthful in my interview process, and I own firearms legally. This one was a shocker.

Thanks.

I'm currently going through the appeal process for my "old man". He and I applied for our LTCF in Dec. 2015. I was approved, he was denied. His denial letters states not being truthful, good cause, etc. I filed the appeal on or about March 3rd. I still haven't heard from the City yet on a hearing date. I'll share my experience after the hearing, when I get a date.

[KAT-21]

Thanks for the replies. No, it didn't say who had the PFA against me. But, I do remember the one and only possible incident from around that time, and I went to court and it was settled with a plea deal. I acknowledged that fact in my interview process. I've never been convicted of a domestic violence crime, and I can and have legally purchased firearms in the state. But I was completely oblivious to the fact that there was a PFA against me. Don't recall ever receiving something in the mail, or through a court. This was almost 10 years ago, fresh out of high school.

So my next question is, because there was allegedly a PFA against me, does that altogether count me out for a LTCF? Or was it simply the fact that I did not mention it? I will dig deeper and consult with a lawyer nonetheless.

You can only be denied a license due to an "active" PFA. My guess (and it is just a guess) is that they denied you simply because you were not truthful about having had the PFA at one time.

[bigdawgbeav]

You can only be denied a license due to an "active" PFA. My guess (and it is just a guess) is that they denied you simply because you were not truthful about having had the PFA at one time.

So if the OP didn't know anything about having a PFA order, then he wasn't lying about it. How can one be truthful about something they didn't know about?

And this is why Philly sucks for your LTCF. Will find any reason to deny you.

[SigForLife]

You can only be denied a license due to an "active" PFA.

This is not true, given the (unconstitutional) character and reputation clause. The OP definitely needs to obtain counsel in relation to the challenge