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Thread: Concealed Carry Permit Help
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November 12th, 2008, 12:00 PM #1Junior Member
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Tobyhanna,
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Concealed Carry Permit Help
I live in wayne county pa, im trying to apply for my concealed weapons permit, im 21, but about 2 years ago i got an underage drinking charge, the cop told me to fight it and i did and when i got to court it was dropped down to a disorderly conduct before i even got into the court room and i got a fine. just wondering if that will keep me from getting my permit? i dont want to waste anyones time if this is the case. any help would be greatly appreciated, thanks in advance.
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November 12th, 2008, 12:10 PM #2
Re: Concealed Carry Permit Help
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November 12th, 2008, 12:32 PM #3
Re: Concealed Carry Permit Help
IANAL but from what I see you should be OK unless then sheriff wants to invoke the infamous 18 Pa C.S.A. §6109(e)(1)(i) clause:
(i) An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.
The DC is not a disqualifier under §6105(b).
See a copy of the back of the application http://dsf.chesco.org/sheriff/lib/sh...ermit_form.pdf
for a list of disqualifying offenses.
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November 12th, 2008, 12:43 PM #4
Re: Concealed Carry Permit Help
Have you purchased a firearm with no problem? Fill out your LTCF application properly and submit it. Any problem will have to be specifically stated if they deny you, and you then have a specific platform to appeal from. My feeling is you probably will just have your license issued without issue. Good luck
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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November 12th, 2008, 01:17 PM #5
Re: Concealed Carry Permit Help
You should be fine. I had a disorderly conduct and a public intoxication charge(2 fifty dollar fines). Had no problem getting my LTCF. Good luck
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November 12th, 2008, 01:25 PM #6Junior Member
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North Hills,
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Re: Concealed Carry Permit Help
I got picked up for underage drinking just before i turned 21. i ended up pleading not guilty and ended up going to 'class'. I don't remember ever getting formal charged with anything although i think that since I took the class, my record was wiped clean.
Anyway, i had no problem buying a firearm OR getting my LTCF from Beaver County. I am in the process of applying for a LTCF in Allegheny County right now (just emailed the paperwork this morning).
Just apply and see what happens.
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November 12th, 2008, 01:47 PM #7
Re: Concealed Carry Permit Help
Summary offenses are not mandatory disqualifiers for either gun purchases or Licenses to Carry Firearms, but they can sometimes be used by a Sheriff to exclude the applicant under the "character and reputation" clause. It's optional with respect to the LTCF. PICS can't use them as disqualifiers, PICS uses very bright-line rules, so you're either convicted or you're not, you either had a mental health commitment where 302 papers were filed, or not. Despite Internet gossip, PICS doesn't even care whether you're a good guy or a bad guy, they just run the records and compare the results to the statutes.
In Philadelphia, I'd expect it to be used to deny the LTCF; in most of the other counties, it's unlikely. Philadelphia government hates armed citizens, possibly because so many of them shoot at city cops.
A court could easily back the Sheriff for a refusal based on that sort of conduct, especially for a younger person where the incident was relatively recent. So I'd factor that in to any decision on whether to appeal a denial for the LTCF.
But I'd certainly make the application, and I'd consider throwing in a few letters of reference from respectable folks like cops or judges or teachers. There's no rule saying that you can't add material to the application if it might help you.
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November 12th, 2008, 02:13 PM #8
Re: Concealed Carry Permit Help
Despite Internet gossip, PICS doesn't even care whether you're a good guy or a bad guy, they just run the records and compare the results to the statutes.
I personally know of two guys who had arrest "incidents" on their records from more than 35 years ago (when they were minors!), which led to no formal charges, hence no convictions.
Yet they were initially denied and had to "explain themselves" because of said "incidents" before eventually getting reversed.
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November 12th, 2008, 02:50 PM #9Junior Member
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Tobyhanna,
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Re: Concealed Carry Permit Help
well then this leads to my next question, im not 100% sure on how it works, but will the sheriff have all of this information on me already, or am i going to have to explain it myself when i get there? im sure it will be on my record, but if its not should i bring it up myself?
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November 12th, 2008, 03:19 PM #10
Re: Concealed Carry Permit Help
That happens because the records show arrests without dispositions, or else the disposition is ambiguous. Your friends would be given the chance to provide that disposition, because it can take a while to dig up old records, especially from District Justices who have long since retired without necessarily forwarding the results of preliminary hearings.
I frankly don't know what would happen if you were denied based on a potentially prohibiting arrest without any reported disposition, if you challenged that denial in court. PICS will have reason to question your status if you were arrested in 1970 for, say, domestic violence, and the record just stops there. On the other hand, that's not proof of disability.
I've personally seen old court records that dispose of multiple charges with ambiguous scrawlings, where the sentence imposed and the fine levied were clear, but the handling of the specific charges was not addressed. Someone charged with a couple of summaries and a misdemeanor or two would be convicted of "something", but walk free after paying a fine, so it's not clear what exactly the judge did.
There are judgment calls made about what the records say, but my point is that PICS doesn't care if you show remorse, or if you're mean to your kids, or if your neighbors all fear you. The determination is solely whether you fall into one of the slots or not.
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