Pennsylvania Firearm Owners Association
Page 4 of 6 FirstFirst 123456 LastLast
Results 31 to 40 of 56
  1. #31
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
    Posts
    15,615
    Rep Power
    21474863

    Default Re: Out of state dl, philly ltcf. Arrested

    Quote Originally Posted by PhillySoldier View Post
    Same could be said the other way around...
    You made the assertion, you cite your source.
    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.

  2. #32
    Join Date
    Apr 2014
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
    Posts
    2,027
    Rep Power
    21474842

    Default Re: Out of state dl, philly ltcf. Arrested

    Quote Originally Posted by PhillySoldier View Post
    However he didnt have a non-resident permit, he had a resident permit for which part of the eligibility requirements were that he be a resident of the commonwealth.
    Sure. But where is the requirement for the LTCF becoming invalid if you move out of state? Where in the law/reg is that stated?

  3. #33
    Join Date
    Oct 2009
    Location
    Chalfont, Pennsylvania
    (Bucks County)
    Posts
    1,349
    Rep Power
    12600581

    Default Re: Out of state dl, philly ltcf. Arrested

    Quote Originally Posted by Carson View Post
    I understand it is a tough predicament, but when I find out someone is lying about something, I wonder what else they are lying about and why? So just keep that in mind if that is the course you decide
    Would it be fair to say you pretty much know what you're dealing with in the 1st 5 or 10 seconds of a traffic stop?
    If someone has one of those stupid molonlabe stickers with a punisher skull on the back window and offers a nuanced answer to the weapon/drug question ( I have no ILLEGAL weapons in the car, flatfoot)- isn't it plain you have a 2A activist trying to be in your face without being in your face?

    lots of experienced cops are masters of language and body language and pick up on clunky, Clinton responses.
    If you REALLY don't want to extend your traffic stop/ risk having your property seized then lie like you fucking mean it. Don't say something stupid like "I refuse to answer that question"
    The old saying is, you might beat the rap but you won't beat the ride.
    Crusader's local #556 South Central Asia chapter

  4. #34
    Join Date
    Oct 2006
    Location
    Cherry Tree, Pennsylvania
    (Indiana County)
    Age
    69
    Posts
    4,970
    Rep Power
    16266279

    Default Re: Out of state dl, philly ltcf. Arrested

    "Got anything I should know about? Guns, grenades, bombs?"

    "Nope."

    When in doubt, lie, through your teeth if necessary. It's not illegal.

  5. #35
    Join Date
    Feb 2008
    Location
    Levittown, Pennsylvania
    (Bucks County)
    Age
    45
    Posts
    4,151
    Rep Power
    1716656

    Default Re: Out of state dl, philly ltcf. Arrested

    Quote Originally Posted by PhillySoldier View Post
    To your first question, I dont have an answer. This would be logical

    However he didnt have a non-resident permit, he had a resident permit for which part of the eligibility requirements were that he be a resident of the commonwealth.
    There is no Resident/non-resident LCTF in PA. It's the exact same card.

  6. #36
    Join Date
    Dec 2012
    Location
    jersey shore, Pennsylvania
    (Lycoming County)
    Age
    38
    Posts
    3,685
    Rep Power
    21474844

    Default Re: Out of state dl, philly ltcf. Arrested

    6109. Licenses.
    (a) Purpose of license.--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 throughout this Commonwealth.
    (b) Place of application.--An individual who is 21 years of age or older may apply to a sheriff for a license to carry a firearm concealed on or about his person or in a vehicle within this Commonwealth. If the applicant is a resident of this Commonwealth, he shall make application with the sheriff of the county in which he resides or, if a resident of a city of the first class, with the chief of police of that city.
    6109 doesn't really make a distinction between resident and non resident. It say "if" your a resident, you must apply in the county you reside in. Unless something has changed the actual license doesn't mention residency either.

    (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:
    (ix) A resident of another state who does not possess a current license or permit or similar document to carry a firearm issued by that state if a license is provided for by the laws of that state, as published annually in the Federal Register by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury under 18 U.S.C. 921(a)(19) (relating to definitions).
    Here it says if you don't have a license from your home state you aren't eligible to get a PA LTCF.

    I can't remember or find anything that says it should be revoked if you move out of state, but by statute you would be ineligible to renew it if you don't possess a license from your new state. There's no specified time frame anywhere that I can find.

  7. #37
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
    11,808
    Rep Power
    21474858

    Default Re: Out of state dl, philly ltcf. Arrested

    Quote Originally Posted by PhillySoldier View Post
    This is untrue. His LTCF was for being a resident of PA. Once he moved and became a resident of another state, the PA LTCF becomes invalidated. I dont know the grace period Texas gives for the switch over but if you moved into PA from another state you only have like 2 weeks before your out of state permit becomes invalid.
    Quote Originally Posted by PhillySoldier View Post
    To your first question, I dont have an answer. This would be logical

    However he didnt have a non-resident permit, he had a resident permit for which part of the eligibility requirements were that he be a resident of the commonwealth.

    Again I dont know what the requirements are w moving INTO Texas but I know moving INTO PA you only have like 15 days to submit for the change.
    It's sometimes the case that a legal question can be resolved by looking at the statute; this is one of those instances.

    You are utterly wrong.

    There is no "non-resident" variant of the PA LTCF, there's just the PA LTCF, which can be issued to residents (who must apply in their county of residence) or non-residents (who are not so restricted). The background check and disqualifiers are identical, except that the issuing authority isn't supposed to issue to a non-PA resident if that person lacks a license from that other state. But the rules on revocation are different than the rules for non-issuance. And the difference between non-residents and residents becomes moot once the OP's friend becomes a PA resident, regardless of whether he's complying with the PA VC on changing his DL.

    An LTCF is valid until revoked (see (h)(7)(i)) or expired. There's no evidence that the issuing authority sent the OP a certified letter of revocation.

    Here (edited to fit):

    6109. Licenses.

    (a) Purpose of license.--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 throughout this Commonwealth.

    (b) Place of application.--An individual who is 21 years of age or older may apply to a sheriff for a license to carry a firearm concealed on or about his person or in a vehicle within this Commonwealth. If the applicant is a resident of this Commonwealth, he shall make application with the sheriff of the county in which he resides or, if a resident of a city of the first class, with the chief of police of that city.

    (c) Form of application and content.--The application for a license to carry a firearm shall be uniform throughout this Commonwealth and shall be on a form prescribed by the Pennsylvania State Police. The form may contain provisions, not exceeding one page, to assure compliance with this section. Issuing authorities shall use only the application form prescribed by the Pennsylvania State Police. One of the following reasons for obtaining a firearm license shall be set forth in the application: self-defense, employment, hunting and fishing, target shooting, gun collecting or another proper reason. The application form shall be dated and signed by the applicant and shall contain the following statement:

    I have never been convicted of a crime that prohibits me from possessing or acquiring a firearm under Federal or State law. I am of sound mind and have never been committed to a mental institution. I hereby certify that the statements contained herein are true and correct to the best of my knowledge and belief. I understand that, if I knowingly make any false statements herein, I am subject to penalties prescribed by law. I authorize the sheriff, or his designee, or, in the case of first class cities, the chief or head of the police department, or his designee, to inspect only those records or documents relevant to information required for this application. If I am issued a license and knowingly become ineligible to legally possess or acquire firearms, I will promptly notify the sheriff of the county in which I reside or, if I reside in a city of the first class, the chief of police of that city.

    (d) Sheriff to conduct investigation.--The sheriff to whom the application is made shall:

    (1) investigate the applicant's record of criminal conviction;

    (2) investigate whether or not the applicant is under indictment for or has ever been convicted of a crime punishable by imprisonment exceeding one year;

    (3) investigate whether the applicant's character and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety;

    (4) investigate whether the applicant would be precluded from receiving a license under subsection (e)(1) or section 6105(h) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms); and

    (5) conduct a criminal background, juvenile delinquency and mental health check following the procedures set forth in section 6111 (relating to sale or transfer of firearms), receive a unique approval number for that inquiry and record the date and number on the application.

    (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:

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

    (ii) An individual who has been convicted of an offense under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

    (iii) An individual convicted of a crime enumerated in section 6105.

    (iv) An individual who, within the past ten years, has been adjudicated delinquent for a crime enumerated in section 6105 or for an offense under The Controlled Substance, Drug, Device and Cosmetic Act.

    (v) An individual who is not of sound mind or who has ever been committed to a mental institution.

    (vi) An individual who is addicted to or is an unlawful user of marijuana or a stimulant, depressant or narcotic drug.

    (vii) An individual who is a habitual drunkard.

    (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).

    (ix) A resident of another state who does not possess a current license or permit or similar document to carry a firearm issued by that state if a license is provided for by the laws of that state, as published annually in the Federal Register by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury under 18 U.S.C. 921(a)(19) (relating to definitions).

    (x) An alien who is illegally in the United States.

    (xi) An individual who has been discharged from the armed forces of the United States under dishonorable conditions.

    (xii) An individual who is a fugitive from justice. This subparagraph does not apply to an individual whose fugitive status is based upon nonmoving or moving summary offense under Title 75 (relating to vehicles).

    (xiii) An individual who is otherwise prohibited from possessing, using, manufacturing, controlling, purchasing, selling or transferring a firearm as provided by section 6105.

    (xiv) An individual who is prohibited from possessing or acquiring a firearm under the statutes of the United States.

    (2) (Deleted by amendment).

    (3) The license to carry a firearm shall be designed to be uniform throughout this Commonwealth and shall be in a form prescribed by the Pennsylvania State Police. The license shall bear the following:

    (i) The name, address, date of birth, race, sex, citizenship, height, weight, color of hair, color of eyes and signature of the licensee.

    (ii) The signature of the sheriff issuing the license.

    (iii) A license number of which the first two numbers shall be a county location code followed by numbers issued in numerical sequence.

    (iv) The point-of-contact telephone number designated by the Pennsylvania State Police under subsection (l).

    (v) The reason for issuance.

    (vi) The period of validation.

    (4) The sheriff shall require a photograph of the licensee on the license. The photograph shall be in a form compatible with the Commonwealth Photo Imaging Network.

    (5) The original license shall be issued to the applicant. The first copy of the license shall be forwarded to the Pennsylvania State Police within seven days of the date of issue. The second copy shall be retained by the issuing authority for a period of seven years. Except pursuant to court order, both copies and the application shall, at the end of the seven-year period, be destroyed unless the license has been renewed within the seven-year period.

    (f) Term of license.--

    (1) A license to carry a firearm issued under subsection (e) shall be valid throughout this Commonwealth for a period of five years unless extended under paragraph (3) or sooner revoked.

    (2) At least 60 days prior to the expiration of each license, the issuing sheriff shall send to the licensee an application for renewal of license. Failure to receive a renewal application shall not relieve a licensee from the responsibility to renew the license.

    (3) Notwithstanding paragraph (1) or any other provision of law to the contrary, a license to carry a firearm that is held by a member of the United States Armed Forces or the Pennsylvania National Guard on Federal active duty and deployed overseas that is scheduled to expire during the period of deployment shall be extended until 90 days after the end of the deployment.

    (4) Possession of a license, together with a copy of the person's military orders showing the dates of overseas deployment, including the date that the overseas deployment ends, shall constitute, during the extension period specified in paragraph (3), a defense to any charge filed pursuant to section 6106 (relating to firearms not to be carried without a license) or 6108 (relating to carrying firearms on public streets or public property in Philadelphia).

    (g) Grant or denial of license.--Upon the receipt of an application for a license to carry a firearm, the sheriff shall, within 45 days, issue or refuse to issue a license on the basis of the investigation under subsection (d) and the accuracy of the information contained in the application. If the sheriff refuses to issue a license, the sheriff shall notify the applicant in writing of the refusal and the specific reasons. The notice shall be sent by certified mail to the applicant at the address set forth in the application.

    (h) Fee.--

    (1) In addition to fees described in paragraphs (2)(ii) and (3), the fee for a license to carry a firearm is $19. This includes all of the following:

    (i) A renewal notice processing fee of $1.50.

    (ii) An administrative fee of $5 under section 14(2) of the act of July 6, 1984 (P.L.614, No.127), known as the Sheriff Fee Act.

    (2) (Expired).

    (3) An additional fee ( )

    (4) No fee other ( )

    (5) The fee is payable to the sheriff ( )

    (6) Except for the administrative fee of $5 under section 14(2) of the Sheriff Fee Act, all other fees shall be refunded if the application is denied but shall not be refunded if a license is issued and subsequently revoked.

    (7) ( )

    (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.

    (i.1) Notice to sheriff.--Notwithstanding any statute to the contrary:

    (1) Upon conviction of a person for a crime specified in section 6105(a) or (b) or upon conviction of a person for a crime punishable by imprisonment exceeding one year or upon a determination that the conduct of a person meets the criteria specified in section 6105(c)(1), (2), (3), (5), (6) or (9), the court shall determine if the defendant has a license to carry firearms issued pursuant to this section. If the defendant has such a license, the court shall notify the sheriff of the county in which that person resides, on a form developed by the Pennsylvania State Police, of the identity of the person and the nature of the crime or conduct which resulted in the notification. The notification shall be transmitted by the judge within seven days of the conviction or determination.

    (2) Upon adjudication that a person is incompetent or upon the involuntary commitment of a person to a mental institution for inpatient care and treatment under the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, or upon involuntary treatment of a person as described under section 6105(c)(4), the judge of the court of common pleas, mental health review officer or county mental health and mental retardation administrator shall notify the sheriff of the county in which that person resides, on a form developed by the Pennsylvania State Police, of the identity of the person who has been adjudicated, committed or treated and the nature of the adjudication, commitment or treatment. The notification shall be transmitted by the judge, mental health review officer or county mental health and mental retardation administrator within seven days of the adjudication, commitment or treatment.

    (j) Immunity.--A sheriff who complies in good faith ( )

    (k) Reciprocity.--

    (1) The Attorney General shall have the power and duty to enter into reciprocity agreements with other states providing for the mutual recognition of a license to carry a firearm issued by the Commonwealth and a license or permit to carry a firearm issued by the other state. To carry out this duty, the Attorney General is authorized to negotiate reciprocity agreements and grant recognition of a license or permit to carry a firearm issued by another state.

    (2) The Attorney General shall report to the General Assembly within 180 days of the effective date of this paragraph and annually thereafter concerning the agreements which have been consummated under this subsection.

    (l) Firearms License Validation System.--

    (1) The Pennsylvania State Police shall establish a nationwide toll-free telephone number, known as the Firearms License Validation System, which shall be operational seven days a week, 24 hours per day, for the purpose of responding to law enforcement inquiries regarding the validity of any Pennsylvania license to carry a firearm.

    (2) Notwithstanding any other law regarding the confidentiality of information, inquiries to the Firearms License Validation System regarding the validity of any Pennsylvania license to carry a firearm may only be made by law enforcement personnel acting within the scope of their official duties.

    (3) Law enforcement personnel outside this Commonwealth shall provide their originating agency identifier number and the license number of the license to carry a firearm which is the subject of the inquiry.

    (4) Responses to inquiries by law enforcement personnel outside this Commonwealth shall be limited to the name of the licensee, the validity of the license and any information which may be provided to a criminal justice agency pursuant to Chapter 91 (relating to criminal history record information).

    (m) Inquiries.--

    (1) The Attorney General shall, not later than one year after the effective date of this subsection and not less than once annually, contact in writing the appropriate authorities in any other state which does not have a current reciprocity agreement with the Commonwealth to determine if:

    (i) the state will negotiate a reciprocity agreement;

    (ii) a licensee may carry a concealed firearm in the state; or

    (iii) a licensee may apply for a license or permit to carry a firearm issued by the state.

    (2) The Attorney General shall maintain a current list of those states which have a reciprocity agreement with the Commonwealth, those states which allow licensees to carry a concealed firearm and those states which allow licensees to apply for a license or permit to carry a firearm. This list shall be posted on the Internet, provided to the Pennsylvania State Police and made available to the public upon request.

    (m.1) Temporary emergency licenses.--

    . . .

    (m.2) Inconsistent provisions.--Notwithstanding the provisions of section 7506 (relating to violation of rules regarding conduct on Commonwealth property), 75 Pa.C.S. 7727 (relating to additional limitations on operation) or the act of June 28, 1995 (P.L.89, No.18), known as the Conservation and Natural Resources Act, and regulations promulgated under that act, a firearm may be carried as provided in subsection (a) by:

    (1) a law enforcement officer whose current identification as a law enforcement officer shall be construed as a valid license to carry a firearm; or

    (2) any licensee.

    (m.3) Construction.--Nothing in this section shall be construed to:

    (1) Permit the hunting or harvesting of any wildlife with a firearm or ammunition not otherwise permitted by 34 Pa.C.S. (relating to game).

    (2) Authorize any Commonwealth agency to regulate the possession of firearms in any manner inconsistent with the provisions of this title.

    (n) Definition.--As used in this section, the term "licensee" means an individual who is licensed to carry a firearm under this section.

    Last edited by GunLawyer001; October 11th, 2017 at 11:56 PM.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Thanks to all who attended my Firearms Law Workshops this year!

  8. #38
    Join Date
    Sep 2011
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
    Posts
    51
    Rep Power
    383

    Default Re: Out of state dl, philly ltcf. Arrested

    A wealth of info contained inside this post. I havent heard from my friend in a few days (not answering). As I get in touch I can give more of what took place / going on. Thanks Everyone

  9. #39
    Join Date
    Dec 2012
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
    Posts
    2,095
    Rep Power
    21474843

    Default Re: Out of state dl, philly ltcf. Arrested

    Quote Originally Posted by cdi View Post
    Would it be fair to say you pretty much know what you're dealing with in the 1st 5 or 10 seconds of a traffic stop?
    If someone has one of those stupid molonlabe stickers with a punisher skull on the back window and offers a nuanced answer to the weapon/drug question ( I have no ILLEGAL weapons in the car, flatfoot)- isn't it plain you have a 2A activist trying to be in your face without being in your face?
    First 5 or 10 seconds ? No, maybe 5 minutes.

    I have seen some good narcotics arrests involving cars with D.A.R.E registration plates. So you can't always judge a book by its cover.

  10. #40
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
    Posts
    15,615
    Rep Power
    21474863

    Default Re: Out of state dl, philly ltcf. Arrested

    Quote Originally Posted by Carson View Post
    First 5 or 10 seconds ? No, maybe 5 minutes.

    I have seen some good narcotics arrests involving cars with D.A.R.E registration plates. So you can't always judge a book by its cover.
    I've heard about some of those arrests: https://www.google.com/search?q=DARE...utf-8&oe=utf-8
    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.

Page 4 of 6 FirstFirst 123456 LastLast

Similar Threads

  1. Replies: 1
    Last Post: September 3rd, 2015, 08:37 PM
  2. Replies: 8
    Last Post: September 1st, 2015, 07:55 PM
  3. Arrested in PHILLY.....
    By Dametheman in forum Concealed & Open Carry
    Replies: 65
    Last Post: December 15th, 2010, 06:19 PM
  4. Replies: 48
    Last Post: February 2nd, 2008, 03:38 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Local gun shops | Local shooting ranges | Philadelphia Shooting Ranges | Philadelphia Gun Shops | Pittsburgh Shooting Ranges | Pittsburgh Gun Shops