Results 31 to 40 of 56
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October 23rd, 2018, 10:12 AM #31
Re: Carry permit to legal nonimmigrant
Joshua Prince, Esq. - Firearms Industry Consulting Group - www.PaFirearmsLawyer.com
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October 23rd, 2018, 11:28 AM #32
Re: Carry permit to legal nonimmigrant
As I expected, the unlawful tactic of refusing to accept an application is spreading. Over the past few years, it became a popular thing for counties bordering PRNY to do to PRNY residents applying for their LTCF.
Sheriffs do not have a legitimate choice as to whether or not to accept an application. See the relevant sections of § 6109 (emphasis mine):
§ 6109. Licenses.
[...]
(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.
[...]
(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.
[...]
(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.
Mark my words - unless we nip this issue in the bud, the problem will spread to resident citizens.
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October 23rd, 2018, 11:29 AM #33
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October 23rd, 2018, 11:34 AM #34
Re: Carry permit to legal nonimmigrant
There are all kinds of non-immigrant visas. It isn't a made-up term.
- Athlete, amateur or professional (competing for prize money only) B-1 (NA)
- Au pair (exchange visitor) J SEVIS
- Australian professional specialty E-3 DOL
- Border Crossing Card: Mexico BCC (NA)
- Business visitor B-1 (NA)
- CNMI-only transitional worker CW-1 (USCIS)
- Crewmember D (NA)
- Diplomat or foreign government official A (NA)
- Domestic employee or nanny - must be accompanying a foreign national employer B-1 (NA)
- Employee of a designated international organization or NATO * G1-G5, NATO (NA)
- Exchange visitor J SEVIS
- Foreign military personnel stationed in the United States A-2 (NA)
- NATO1-6
- Foreign national with extraordinary ability in Sciences, Arts, Education, Business or Athletics O USCIS
- Free Trade Agreement (FTA) Professional: H-1B1 - Chile DOL
- Chile, Singapore H-1B1 - Singapore
- International cultural exchange visitor Q USCIS
- Intra-company transferee L USCIS
- Medical treatment, visitor for B-2 (NA)
- Media, journalist I (NA)
- NAFTA professional worker: Mexico, Canada TN/TD (NA)
- Performing athlete, artist, entertainer P USCIS
- Physician J , H-1B SEVIS
- Professor, scholar, teacher (exchange visitor) J SEVIS
- Religious worker R USCIS
- Specialty occupations in fields requiring highly specialized knowledge H-1B DOL then USCIS
- Student: academic, vocational F, M SEVIS
- Temporary agricultural worker H-2A DOL then USCIS
- Temporary worker performing other services or labor of a temporary or seasonal nature. H-2B DOL then USCIS
- Tourism, vacation, pleasure visitor B-2 (NA)
- Training in a program not primarily for employment H-3 USCIS
- Treaty trader/treaty investor E (NA)
- Transiting the United States C (NA)
- Victim of Criminal Activity U USCIS
- Victim of Human Trafficking T USCIS
- Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident (LPR) V (NA)
- Renewals in the U.S. - A, G, and NATO Visas (NA)
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October 23rd, 2018, 02:35 PM #35Member
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Monroeville,
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Re: Carry permit to legal nonimmigrant
Yes, and many of those live and work here for many years, legally, contributing and paying taxes. Still, the ATF regulations regarding firearms and nonimmigrant aliens seem to allow the owning of firearms only for hunting, based on what I posted from their site in a previous post. PA law is murky regarding LTCF and nonimmigrant aliens, but to me, the ATF regulation would be the deciding factor. A county may issue one, but I would question the legality. IANAL Where is Phil when we need him?
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October 23rd, 2018, 04:21 PM #36
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October 23rd, 2018, 10:33 PM #37Junior Member
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Re: Carry permit to legal nonimmigrant
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October 23rd, 2018, 10:38 PM #38
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October 23rd, 2018, 10:44 PM #39Junior Member
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October 23rd, 2018, 10:48 PM #40Junior Member
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Pennsylvania
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