Pennsylvania Firearm Owners Association
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  1. #31
    Join Date
    Mar 2017
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    PHILADELPHIA, Pennsylvania
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    Default Re: Changes to LTCF office times

    I as well as my attorney can not find anywhere in the code where an interview has statutory support. so, it seems reasonable to me that it's a "home grown" requirement established by???. who knows; it what it is until somebody files suit.

    On another note, is there provision made there for storing firearms, assuming that the "no firearms" restriction is still in place?

    TangoBravo

  2. #32
    Join Date
    Feb 2011
    Location
    Primos, Pennsylvania
    (Delaware County)
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    Default Re: Changes to LTCF office times

    It has been well established that Philadelphia breaks some of the rules/laws involving their ltcf process. I do not believe the interview is in that category. I think they could argue it is part of the investigation process.
    Some people just plain suck.
    If you're gonna be dumb ya gotta be tough.

  3. #33
    Join Date
    Oct 2008
    Location
    Harrisburg area, Pennsylvania
    (Dauphin County)
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    Default Re: Changes to LTCF office times

    Quote Originally Posted by mpan72 View Post
    It has been well established that Philadelphia breaks some of the rules/laws involving their ltcf process. I do not believe the interview is in that category. I think they could argue it is part of the investigation process.
    Yes, that's why I didn't say it is expressly illegal. It is not found in the statute. They are trying to shoehorn it in as part of the "investigation" but since no other issuing authority in the state feels the needs to do so I think they are on shaky grounds. Their statutory power to investigate is not unlimited. For instance I think it would be much more clearly illegal for Philly to require submission to drug testing in order to obtain a LTCF even though it could be placed into the category of "investigation".
    I am not a lawyer. Nothing I say or write is legal advice.

  4. #34
    Join Date
    Feb 2011
    Location
    Primos, Pennsylvania
    (Delaware County)
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    51
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    21474854

    Default Re: Changes to LTCF office times

    Quote Originally Posted by twency View Post
    Yes, that's why I didn't say it is expressly illegal. It is not found in the statute. They are trying to shoehorn it in as part of the "investigation" but since no other issuing authority in the state feels the needs to do so I think they are on shaky grounds. Their statutory power to investigate is not unlimited. For instance I think it would be much more clearly illegal for Philly to require submission to drug testing in order to obtain a LTCF even though it could be placed into the category of "investigation".
    I agree with you but there is a wide variance of the investigation part around the state. I don't think an interview is overstepping the boundaries of what exists right now. I do not think the whole idea of a ltcf is constitutionally legal in the first place but I don't have the money to fight it at that level.
    Some people just plain suck.
    If you're gonna be dumb ya gotta be tough.

  5. #35
    Join Date
    Oct 2008
    Location
    Harrisburg area, Pennsylvania
    (Dauphin County)
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    4,683
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    21474856

    Default Re: Changes to LTCF office times

    Quote Originally Posted by mpan72 View Post
    I do not think the whole idea of a ltcf is constitutionally legal in the first place
    Likewise.

    It doesn't get any plainer than "shall not be questioned". Yet here we are.
    I am not a lawyer. Nothing I say or write is legal advice.

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