LTCF DENIAL!

[lexluger]

I applied for a LCTF in Philadelphia on Monday. I received a letter today (Friday) stating I was denied. No explanation, just an appeal letter to fill out. Called the Gun Permits office and the automated recording told me that they do not give out info on the phone, I would have o go to the office to inquire. I really racked my brain trying to think of why I was denied... couldn't think of anything. I asked a lawyer friend of mine to run my criminal record and what came up was a misdemeanor possession of pot from 1999. I totally forgot that once I was pulled over for speeding, the cops found a burnt piece of paper in my ash tray, tested it and it came back positive. I had no idea it was in my ash tray or else I would have not consented to the search. In the end I think it was my ex-girlfriend's. I paid a $200 fine and went on my way. COULD A MISDEMEANOR DRUG CONVICTION FROM A DECADE AGO BE CAUSE FOR DENIAL? Could I get in trouble for forgetting this? Could I get this off my record? I haven't even had a parking ticket in 10 years!

[rwilson452]

in a word, Yes.

I applied for a LCTF in Philadelphia on Monday. I received a letter today (Friday) stating I was denied. No explanation, just an appeal letter to fill out. Called the Gun Permits office and the automated recording told me that they do not give out info on the phone, I would have o go to the office to inquire. I really racked my brain trying to think of why I was denied... couldn't think of anything. I asked a lawyer friend of mine to run my criminal record and what came up was a misdemeanor possession of pot from 1999. I totally forgot that once I was pulled over for speeding, the cops found a burnt piece of paper in my ash tray, tested it and it came back positive. I had no idea it was in my ash tray or else I would have not consented to the search. In the end I think it was my ex-girlfriend's. I paid a $200 fine and went on my way. COULD A MISDEMEANOR DRUG CONVICTION FROM A DECADE AGO BE CAUSE FOR DENIAL? Could I get in trouble for forgetting this? Could I get this off my record? I haven't even had a parking ticket in 10 years!

[Pa. Patriot]

I applied for a LCTF in Philadelphia on Monday. I received a letter today (Friday) stating I was denied. No explanation, just an appeal letter to fill out. Called the Gun Permits office and the automated recording told me that they do not give out info on the phone, I would have o go to the office to inquire.

By not giving the reason in their letter, the PD has violated Title 18, subsection 6109(g).
They are required by law to send the letter Certified Mail and include the reason for denial.

I really racked my brain trying to think of why I was denied... couldn't think of anything. I asked a lawyer friend of mine to run my criminal record and what came up was a misdemeanor possession of pot from 1999. I totally forgot that once I was pulled over for speeding, the cops found a burnt piece of paper in my ash tray, tested it and it came back positive. I had no idea it was in my ash tray or else I would have not consented to the search. In the end I think it was my ex-girlfriend's. I paid a $200 fine and went on my way. COULD A MISDEMEANOR DRUG CONVICTION FROM A DECADE AGO BE CAUSE FOR DENIAL? Could I get in trouble for forgetting this? Could I get this off my record? I haven't even had a parking ticket in 10 years!

Unfortunately, ANY conviction under "The Controlled Substance, Drug, Device and Cosmetic Act" is a disqualification for a License to Carry Firearms.

Ref: 18Pa.C.S.6109(e)(1)(ii)

[MontCo Alex]

Can he still own firearms with that conviction? Or just not get a LTCF?

[lexluger]

Can he still own firearms with that conviction? Or just not get a LTCF?

Yes. I can and do own firearms. This wasnt a felony. I did not even spend a minute in jail.

[GunLawyer001]

Yes. I can and do own firearms. This wasnt a felony. I did not even spend a minute in jail.

Ummmm....do you pass PICS?

You can be prohibited for lots of reasons other than felonies. Actual jail time served has nothing to do with it, the issue is whether you could have been sentenced to over 2 years for a misdemeanor, or whether you were convicted of any misdemeanor under the drug laws, or whether you fall into any of the other prohibited categories in either state or federal law.

The confusion is mostly due to the asshats in Washington who lie about the Brady check, and brag about all of those "felons" who were denied. I'd bet that a majority of denials are not based on felony convictions. Federal and PA law list a bunch of misdemeanors, in addition to PFA's, mental health issues, less-than-honorable military discharges, unpaid fines or outstanding warrants, etc.

[lexluger]

Ummmm....do you pass PICS?

You can be prohibited for lots of reasons other than felonies. Actual jail time served has nothing to do with it, the issue is whether you could have been sentenced to over 2 years for a misdemeanor, or whether you were convicted of any misdemeanor under the drug laws, or whether you fall into any of the other prohibited categories in either state or federal law.

The confusion is mostly due to the asshats in Washington who lie about the Brady check, and brag about all of those "felons" who were denied. I'd bet that a majority of denials are not based on felony convictions. Federal and PA law list a bunch of misdemeanors, in addition to PFA's, mental health issues, less-than-honorable military discharges, unpaid fines or outstanding warrants, etc.

I have passed to federal checks for firearms purchases, not sure if this is the same thing? The letter says "You have been denied a license to carry a firearm, and the denial is based on Pennsylvania Instant Check System."

[Pa. Patriot]

Yes. I can and do own firearms. This wasnt a felony. I did not even spend a minute in jail.

You can be prohibited without committing a felony.
18Pa.C.S.6105

[lexluger]

By not giving the reason in their letter, the PD has violated Title 18, subsection 6109(g).
They are required by law to send the letter Certified Mail and include the reason for denial.





Unfortunately, ANY conviction under "The Controlled Substance, Drug, Device and Cosmetic Act" is a disqualification for a License to Carry Firearms.

Ref: 18Pa.C.S.6109(e)(1)(ii)

Thank you very much, I will look into this. The letter did come certified, but no explanation.

[Dave DiPietro]

By not giving the reason in their letter, the PD has violated Title 18, subsection 6109(g).
They are required by law to send the letter Certified Mail and include the reason for denial.





Unfortunately, ANY conviction under "The Controlled Substance, Drug, Device and Cosmetic Act" is a disqualification for a License to Carry Firearms.

Ref: 18Pa.C.S.6109(e)(1)(ii)

I had a conviction in 1985 under the same mentioned staute, I had it exponged. Will I still be denied a permit to carry concealed?