Counties that don't require references?

[Supreme General Aladeen]

Attachment 116072

[Walleye Hunter]

When I went back to Berks County as I had problems with mine and I filled the form out right in front of him he told me I didn't need to fill in references. But that doesn't change the fact that PA resident has to go to his/her county of residence to get the LTCF. I find it odd that we have to but non-residents can go anywhere, that's raciss.

[knight0334]

References are a state requirement as dictated by the State Police(who has the lawful authority on this).

As for the counties, that is up to the issuing agent(sheriff, CoP Philly) as to whether they will need them.

Residents can only apply in their home county.

[SigForLife]

References are a state requirement as dictated by the State Police(who has the lawful authority on this).

What statute or regulation requires it? Because even PSP has acknowledged there are none...

[knight0334]

What statute or regulation requires it? Because even PSP has acknowledged there are none...

18.61.6109(c) says the PSP will create the form
18.61.6124(1) empowers the PSP to prescribe regulations on LTCF


Since the PSP created the form under lawful authority of the General Assembly, and that the form has a spot for (2) references - it IS a state requirement.

The requirement of the references is supported by 18.61.6109(d)(3) so that the sheriff can investigate an applicant's character and reputation.

[SevenMilePete]

I had it on each and every form I've ever filed. Not once was anyone contacted. I think that depends on your county sheriff and record though.

Erie County, never heard of anyone ever being called. They used to do an instant issue, so not much time to call references.

[SigForLife]

The PSP lacks the authority to add requirements not imposed by the law. Moreover, if you look at the debates in enacting the C&R clause, it was not the GA’s intent that it encompassed what the issuing authority could find out; rather, it was based on what was known already by the issuing authority by the applicant. Regardless, the C&R provision is unconstitutional under PA’s constitutional preclusion on delegation of authority by the GA.

[gnbrotz]

The PSP lacks the authority to add requirements not imposed by the law. Moreover, if you look at the debates in enacting the C&R clause, it was not the GA’s intent that it encompassed what the issuing authority could find out; rather, it was based on what was known already by the issuing authority by the applicant. Regardless, the C&R provision is unconstitutional under PA’s constitutional preclusion on delegation of authority by the GA.

The law doesn't require I provide my employment information, yet it's on the form. Has the PSP ever been legally challenged for "promulgating" a form requiring information not otherwise explicitly required by statute? Like literally each and every thing included that's NOT specifically required by statute?

[ItchyTick]

Suck up to a couple of Leo and use them