Getting a non residents PA LTCF

[OwnTheRide]

Do you think that office is going to quake in its boots if you hand them a copy of the law and warn them that it better accept your application?.

Obviously not. They don't care, it's not like it impacts them. But if we can get a court decision and an injunction, they'll start caring in a hurry!

Makes me think of a strategy a NY attorney has started advancing. He's started suing the licensing officers (generally, judges) personally, stating that judicial immunity does not protect them from non-judicial actions. So if they unlawfully deny a permit, they can be subject to personal liability. Suffice it to say, that has gotten the attention of judges in the state.

I wonder if we could do the same in PA. Probably not, as the issuing of LTCFs is very much a defined role of the sheriff. Worth looking into if we can ever get a lawsuit going.

[sgreen10]

Yes, that is against the law. The sheriffs are knowingly acting unlawfully. Sheriff Lance Benedict (Susquehanna County) stated that right to my face.

You may recall that I tried to do something about this - I informed Sheriff Benedict that I would be taking him to court over his "constructive denial" (a term that in this case is referring to the fact that by refusing to accept my application, he was in effect denying me an LTCF). He said that was fine... but two weeks later, he'd shifted his position juuuuuuust enough to remove my standing (he started issuing to residents of my county).

Nothing has changed, and my offer to fund a qualified candidate still stands. Here's a link to the complete thread over on NYF.

Hey owntheride been a while glad to see you are still around... are you .over on the new ny forum?

[Statkowski]

You'd probably need an attorney familiar with all the state forms, but a trip to the Clerk of the Court's office asking about a Writ of Mandamus to get the Sheriff's Office to accept an out-of-state LTCF application might be in order.

As has been stated, one way or another, there is no legal authority for a Sheriff's Office to refuse to accept an application. Once submitted, they can approve or deny, but not refuse to accept.

[OwnTheRide]

You'd probably need an attorney familiar with all the state forms, but a trip to the Clerk of the Court's office asking about a Writ of Mandamus to get the Sheriff's Office to accept an out-of-state LTCF application might be in order.

As has been stated, one way or another, there is no legal authority for a Sheriff's Office to refuse to accept an application. Once submitted, they can approve or deny, but not refuse to accept.

Now that is an interesting idea. GunLawyer, I assume you'll stop by this thread... what are your thoughts on a Writ of Mandamus?

[OwnTheRide]

Hey owntheride been a while glad to see you are still around... are you .over on the new ny forum?

I'm registered there, but I don't often visit. The interface to that forum is flaky - things like "new posts" and "go to first unread post" don't work very well and cause me to end up reading the same shit over and over, so I stopped checking the forum with any regularity. Still over on NYF, though, with three other people

[sgreen10]

I'm registered there, but I don't often visit. The interface to that forum is flaky - things like "new posts" and "go to first unread post" don't work very well and cause me to end up reading the same shit over and over, so I stopped checking the forum with any regularity. Still over on NYF, though, with three other people

Yeah I saw the old ny forum and it was so hard to navigate then found the new one https://nygunforum.com and sounds like everyone migrated there. Deff not as nice as this forum but it's not blocked by my works wifi when on break lol

[OwnTheRide]

Yeah I saw the old ny forum and it was so hard to navigate

Heh... go figure, I'm saying the opposite.

At least we can agree that poofa is better