obtaining a cc?

[Frunzman]

ok so i called the sheriffs office in honesdale today, and asked them about there hours (i was going to go down and fill out an application for a concealed weapons permit) and the lady told me you have a interview with the sheriff, and she set me up with the date of december 19th!? ive heard of people who just go down and do it that day, why the long wait? should i go down and talk to them personally? i really didnt want to wait that long.

[Kaos]

Umm....you SHOULDNT have to interview with them for ANYTHING.

Im sure Greg or Rich will be able to speak more to the legal side of this but that doesnt seem on the up and up.

[tl_3237]

The Sheriff would justify (and arguably rightfully) the interview as part of his investigation under 18 Pa. C.S.A. §6109(d):

shall 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

but under 18 Pa. C.S.A. §6109(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 in*vestigation under subsection (d) and the accuracy of the information contained in the applica*tion. 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.

Thus the 45 day clock runs from the time the application is submitted. Until that time elapses, you can't do much except go with the flow.

[Frunzman]

thats the part that gets me, i cant even submit until december 19th, and then i have a 45 waiting period after that.

[tl_3237]

thats the part that gets me, i cant even submit until december 19th, and then i have a 45 waiting period after that.

How hard do you want to push and how much $$ do you want to spend.

They have no legal authority to refuse to allow you to start the application process. and that is why it is important to cite §6109(g) since the clock is pegged to their receipt (note it doesn't specify acceptance) of your application.

You could go to the office and submit an application (available on web) but bring along at least two unrelated witnesses. If they refuse to accept you could then provide them with a cover letter and explain that you have tendered the application on date so-and-so and expect final determination on the issuance in 45 days per state law. Send separate copies of letter and application via Certified Mail Return Receipt and have two witnesses at post office to stuff and mail the envelope. THen they could aver what was in the envelope and that the envelope didn't leave their custody until taken by the clerk (avoids claim of you sending a blank or empty envelope just to get Cert Mail RR).

The result is that you won't make friends with sheriff, he could reject you just for spite or jollies, and force you through the appeal process. That will cost you time and $$ but you will win eventually.

You could also go immediately for a Writ of Mandamus to force them to accept the application. Again $$ and time and makes enemies.

I know it SUCKS BIGTIME and I empathisize with you but from a practical standpoint, of all the avenues available to you, the quickest and easiest way is play by their rules unless they really overstep the bounds of reason. None of the more aggressive routes will secure a LTCF before the end of January (12/19 + 45 days).

Anyone out there in Wayne County know how long it takes after interview to get LTCF? It might not be as bad as you surmise.

Good Luck

[Frunzman]

appreciate all the help, ill probably just wait it out and (not to start a political argument here but) i was kind of hoping to do it sooner than later just because who knows what obama is going to try and change with permits and licenses and firearms in general.

[shooter357]

Do you think you might have been misunderstood? Maybe she thought you wanted an interview with the sheriff. From what I gather out of reading the UFA, any interview should be done after the application is received and would be part of the 45 days. This is just my opinion.

[indiandave]

I'm from wayne county. After my interview it took about 45 days. In the interview all they do is ask why you want one, I said self defense. Then the deputy tells you you have to keep it covered at all times. Thats about it. Pretty simple but thats what you have to do in Wayne County.

[NWPA shooter]

Unless things have changed, in Erie Co. you just take the form filled out,have your cash with you, have a form of photo ID and get your photo taken. No interviews, did not need to bring references along. Wait for a few weeks and your LTCF is in the mail.