Pennsylvania Firearm Owners Association
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  1. #1
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    Default License to carry Philadelphia legal question

    I am unsure about something, maybe someone with a legal background can answer.

    The City of Philadelphia has posted on it's website a copy of an application to carry firearms. However when actually applying there is another 3 page or so form that they are requiring applicants to complete (they ask the questions, you answer) that is not on the website and asks numerous questions in addition to what is on the 'official' form.

    Now as I understand they can ask if a person has ever been arrested or convicted of a crime- if you have had a record expunged you are legally permitted to answer no to those two questions. However on their supplemental form they also ask if you have ever had a record expunged. Now what is the point of being legally able to answer no to the arrest and conviction question if you have to answer the expungement question yes (if you did have a record expunged)? If you answer yes to the expungement question aren't you admitting that you were arrested and/or convicted and could that prevent you from getting the license? Should the expungement question be answered yes or no?

    More generally, is this 3 page supplemental question form they are using legal? Is lying on that form considered the same as lying on the official application?

    thanks

  2. #2
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    Default Re: License to carry Philadelphia legal question

    They want to deny you.If you answer that you have never been convicted of a crime they will find out about the expungement and then they will deny you for lying.They may not use that wording in their correspondence but that will be the reason for the denial.
    There are no pacts between lions and men.

  3. #3
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    Default Re: License to carry Philadelphia legal question

    Quote Originally Posted by Krichardson View Post
    They want to deny you.If you answer that you have never been convicted of a crime they will find out about the expungement and then they will deny you for lying.They may not use that wording in their correspondence but that will be the reason for the denial.
    Well this is my 5th time re-upping so maybe this time I'll get denied. I'm getting tired of jumping through hoops anyway.........

  4. #4
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    Default Re: License to carry Philadelphia legal question

    Quote Originally Posted by zaxbo View Post
    Well this is my 5th time re-upping so maybe this time I'll get denied. I'm getting tired of jumping through hoops anyway.........
    So,this expungement case happened between now and the last time your license was issued?
    There are no pacts between lions and men.

  5. #5
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    Default Re: License to carry Philadelphia legal question

    Nope, the law is clear that only the PSP can promulgate the form and process to apply for an LTCF and the form cannot be longer than 1 page.
    Joshua Prince, Esq. - Firearms Industry Consulting Group - www.PaFirearmsLawyer.com

  6. #6
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    Default Re: License to carry Philadelphia legal question

    Just turn in the state approved application, and only the state approved application.

    If they deny you, sue them. There is case law and hungry lawyers.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  7. #7
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    Default Re: License to carry Philadelphia legal question

    Quote Originally Posted by knight0334 View Post
    Just turn in the state approved application, and only the state approved application.

    If they deny you, sue them. There is case law and hungry lawyers.
    You know they won't even accept the application without those extra forms, so there's no denial. The GPU just continues to flaunt the law.
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  8. #8
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    Default Re: License to carry Philadelphia legal question

    Quote Originally Posted by streaker69 View Post
    You know they won't even accept the application without those extra forms, so there's no denial. The GPU just continues to flaunt the law.
    Bring an attorney and commission a state trooper to tag along when you submit the application in person. The trooper can personally witness the violation of the UFA, which is at minimum a 1st degree misdemeanor.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  9. #9
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    Default Re: License to carry Philadelphia legal question

    Quote Originally Posted by Krichardson View Post
    So,this expungement case happened between now and the last time your license was issued?


    No, it happened in 1971. But they have never found out in the 4 times I've applied, or they ignored it. But now I worry that I could be denied or in trouble if they should happen to find out

  10. #10
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    Default Re: License to carry Philadelphia legal question

    Quote Originally Posted by zaxbo View Post
    No, it happened in 1971. But they have never found out in the 4 times I've applied, or they ignored it. But now I worry that I could be denied or in trouble if they should happen to find out
    Well at this point I suspect that they've easily discovered that information during one of the previous times that you have applied and it wasn't much of an issue to them apparently.
    There are no pacts between lions and men.

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