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Thread: LTCF DENIAL!
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March 20th, 2009, 02:14 PM #1
LTCF DENIAL!
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!
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March 20th, 2009, 02:16 PM #2
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March 20th, 2009, 02:22 PM #3
Re: LTCF DENIAL!
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)_________________________________________
danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
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March 20th, 2009, 02:34 PM #4
Re: LTCF DENIAL!
Besides that I wouldn't want you to have a LtcF after you killed Ms. Elizabeth.
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March 20th, 2009, 02:38 PM #5Senior Member
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Re: LTCF DENIAL!
Can he still own firearms with that conviction? Or just not get a LTCF?
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March 20th, 2009, 02:43 PM #6
Re: LTCF DENIAL!
From the LTCF app...
41. I have never been convicted of a crime that prohibits me from possessing or acquiring a firearm under Federal or State law. I am of sound mind and have
never been committed to a mental institution or mental health care facility. I hereby certify that the statements contained herein are true and correct to the
best of my knowledge and belief. I understand that if I knowingly make any false statements herein, I am subject to penalties prescribed by law. I
authorize the sheriff, or his designee, or, in the case of first class cities, the chief or head of the police department, or his designee, to inspect only those
records or documents relevant to information required for this application. If I am issued a license and knowingly become ineligible to legally
possess or acquire firearms, I will promptly notify the sheriff of the county in which I reside or, if I reside in a city of the first class, the chief of police of that city. This certification is made subject to both the penalties of section 4904 of the Crimes Code (18 Pa.C.S. 4904) relating to unsworn falsifications to authorities and the Uniform Firearms Act.
You could very well be in trouble if they want to pursue it, since you signed the above statement. Of course, I suppose you could argue that you forgot...but you should probably check with a lawyer...I am not one, by the way.
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March 20th, 2009, 02:54 PM #7
Re: LTCF DENIAL!
COULD A MISDEMEANOR DRUG CONVICTION FROM A DECADE AGO BE CAUSE FOR DENIAL?
it sucks, I dont personally agree with it, but it is what it is.
BTW lexluger? johnny blaze ? funny choice for a screen name with this question. lol
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March 20th, 2009, 02:57 PM #8
Re: LTCF DENIAL!
I know this will be a hot topic thread. But, the moral of the story is this. If you hang around people that smoke weed or use any other drug you should think again if this is someone that should be a friend. If you are driving them around while they are in possession you can suffer the same fate as they would when caught. This is not going to turn into a debate on weather pot should be legal or not. Right now it is illegal, if it was in your ashtry in your car. It's yours.... It may have been put there by someone else, you may not even smoke weed, but if its in your car, its yours and that is the way the law treats it.
Its a bummer what happened to you. I would be more worried about the repercussions of signing that form. A misdemeanor arrest is not a small thing. There would have been court dates and lawyer and judges (at least in pa)
I would reccommed doing your own little criminal history check on yourself at http://ujsportal.pacourts.us this site is good for PA history only.
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March 20th, 2009, 02:58 PM #9
Re: LTCF DENIAL!
Looks like you are boned, bud.
I thought that you needed to be convicted of something like spousal abuse to be barred from any gun ownership.
But I'm not a lawyer, nor do I play one on TV...
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March 20th, 2009, 02:59 PM #10
Re: LTCF DENIAL!
The Philly PD routinely denies anyone who was arrested for anything, with or without a conviction, especially if you neglect to tell them about the arrest. I believe that the question "Have you ever been arrested" appears on the extra application form that they aren't legally allowed to use (since we have a uniform application throughout the Commonwealth, per the UFA).
They've denied a LOT of folks based on false statements about arrests. It's one of the traps they lay for the unwary.
A conviction is even worse, and it sounds like this one would be a bar to PICS, too.
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