License to carry revocation

[Jdr100]

So over a year ago i applied and was approved for a License to Carry firearms in PA. Just a few days ago i got a phone call from the sheriffs dept. and all he said was that my license is being revoked because of a charged i was convicted of 10 years ago. He just said "well the state police must have made a mistake. Effective immediately you can no longer carry a firearm and must surrender your license to me within 10 days". I said well there has to be some type of appeals proccess and he just said "nope". He also said he would be sending a letter to me with all the info and it has been 4 days so far and havent received anything? I absolutely want to fight this...i did plead guilty to a drug poss. Charge when i was 18 which was over 10 years ago and havnt have so much as a traffic ticket since. So my real question is do i go and surrender my license before i even receive a certified letter? And does the issuing authority in this case the Sheriffs Dept. have the power to let me keep my license to carry even though i do have a charge from the past that is prohibited?

[SIGFAN86]

Get a lawyer. the sheriff can revoke your license, and yes you need to return it

[tl_3237]

So over a year ago i applied and was approved for a License to Carry firearms in PA. Just a few days ago i got a phone call from the sheriffs dept. and all he said was that my license is being revoked because of a charged i was convicted of 10 years ago. He just said "well the state police must have made a mistake. Effective immediately you can no longer carry a firearm and must surrender your license to me within 10 days". I said well there has to be some type of appeals proccess and he just said "nope". He also said he would be sending a letter to me with all the info and it has been 4 days so far and havent received anything? I absolutely want to fight this...i did plead guilty to a drug poss. Charge when i was 18 which was over 10 years ago and havnt have so much as a traffic ticket since. So my real question is do i go and surrender my license before i even receive a certified letter? And does the issuing authority in this case the Sheriffs Dept. have the power to let me keep my license to carry even though i do have a charge from the past that is prohibited?

The revocation procedure and appeal process is spelled out in the statute:

18 Pa CS §6109(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.

1. Appeal is through the CCP;
2. surrender is 5 days from the receipt of certified mail;
3. if you have a prohibiting condition from section (e)(1), the sheriff has an affirmative duty to revoke the license - he has no discretion.

The complete statute:
18 Pa CS §6109

[gnbrotz]

Consult a knowledgeable attorney NOW! They can confirm if you are indeed prohibited from having a license, and if the Sheriff is wrong, assist you with an appeal.

DO NOT put this off. You only have 30 days to file an appeal (but in the mean time, you must comply with the order to surrender your LTCF).

You are very close to an excellent firearms attorney who is a member here, as well as being a Moderator on this forum. IMO, a consultation with him would be well worth your time and money.

Philip G. Kline, Jr.
519 Juniper St
Quakertown, PA 18951-1505

(215) 538-4444

[Delkal]

You can talk to a lawyer but with a drug conviction you will not be able to get a LTCF without years of appeals and tens of thousands in legal fees. Even then it probably won't work.

Sorry..............

[Walleye Hunter]

Some new laws went into effect in Jan or Feb of 2016, which enable some who were convicted of certain offenses to get them expunged. It is a new group over what used to be permitted. The parameters are (not sure what offenses are involved) must have been under 25 at the time of the offense and 10 years passed with no subsequent convictions. It sounds like you meet those two criteria if the drug offense is one eligible for expungement. A little googling on the matter will render the answers to that question.I second what the other guys have already told you.

[Mitch10mm]

Wait for the certified letter before you return it.

[Delkal]

Wait for the certified letter before you return it.

I think the OP should quit carrying immediately. I am pretty sure he technically lied on his form (weather he realized it or not). He should count himself lucky he was not charged.

[Mitch10mm]

I think the OP should quit carrying immediately. I am pretty sure he technically lied on his form (weather he realized it or not). He should count himself lucky he was not charged.

As of right now he has only received a phone call. I could call people and tell them their ltcf has been revoked

[Jdr100]

I have stopped carrying soon as i got the call...and when i applied the question regarding any convictions involving drugs it said with a possible sentence of over 2 years which mine did not...i called PA state police and talked to a few different people and the one supervisor pulled up my record and he said that my conviction does not prohibit me from buying or owning a gun but that it may prohibit me from being able to have a LTCF. I am also wondering why all of a sudden my file was picked out an looked at...do they have systems in place that go through and reveiw the files of all LTCF holders to see if they really are eligible?