Snyder County Sheriff threatening LTCF denial.

[ccp72]

Well I think that Jeff should wait for the denial, file a challenge, and start the suit...

[markheck1]

Ok, I'm kinda confused.
You applied, correct?
When did you apply?
Did you recieve a denial letter?

I was wondering that myself.....were you denied?....did he refuse your application?...More info please

[Statkowski]

What I find interesting is the part about "If the application is considered new, we will process your application as soon as the two reference letters are returned to us. This could take anywhere from a week to a month. It depends on how fast your references complete their reference letters and send them back to us."

Nothing in the statutes requires any reference person to respond to anything the sheriff sends them, nor do the statutes even mention such.

What happens if the references don't respond at all? The sheriff's "investigation" has to show that you're not qualified; you, via your references, don't have to show that you are.

[ccp72]

Yes, it makes me wonder too... The sheriffs of some counties seem to forget how the law works- The legislature passes the laws, the judges interpret the laws, and LE enforces the laws. He might want to have a look at his job description again.

[markheck1]

What I find interesting is the part about "If the application is considered new, we will process your application as soon as the two reference letters are returned to us. This could take anywhere from a week to a month. It depends on how fast your references complete their reference letters and send them back to us."

Nothing in the statutes requires any reference person to respond to anything the sheriff sends them, nor do the statutes even mention such.

What happens if the references don't respond at all? The sheriff's "investigation" has to show that you're not qualified; you, via your references, don't have to show that you are.

My guess is they'll lump that under this....

(d) Sheriff to conduct investigation.--The sheriff to whom the application is made shall:
(1) investigate the applicant's record of criminal conviction;
(2) investigate whether or not the applicant is under indictment for or has ever been convicted of a crime punishable by imprisonment exceeding one year;
(3) 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;
(4) investigate whether the applicant would be precluded from receiving a license under subsection (e)(1) or section 6105(h) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms); and
(5) conduct a criminal background, juvenile delinquency and mental health check following the procedures set forth in section 6111 (relating to sale or transfer of firearms), receive a unique approval number for that inquiry and record the date and number on the application.

[Ten*K]

(3) 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

well then, the absence of a negative response is a negative.


Yet another Asshat Sheriff who forgets his duty is to SERVE not to RULE.

Tea Party.

[Zef_66]

Whatever the sheriff may or may not be, he can not legally deny a LTCF for ANY reason. He must give a reason that falls under the disqualifiers, by registered mail, and that reason will have to stand up to a challenge. Under the color of character and reputation, if he finds something he feels shows the applicant may be likely to act in a manner dangerous to public safety, he must detail the reason. The denied will have a chance to challange that specific finding before a judge. He may not, for example, deny based on the fact he doesn't like red shoes, or the length of the applicant's hair.

To the OP, I see you applied, let us know what happens

Until we know exactly the nature of the M3 charge and until the sheriff actually denies the person in question and receives a letter, it is hard to know. But my guess would be that if the sheriff did deny the application, it would be because of the "(i) An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety." clause. But again, just my guess until we know for sure.

If i am soooooooooooooooo bad and an evil criminal could i have purchased this fine (Tool) from Rich flynn from American Sport shooting in brodheadsville and pass the pics check from PSP???? No i dont think so, So i know of no reason to why the sheriff of my county would deny me an LTCF to carry..Can anyone answer that plz..

I don't think you are so bad. And it is very possible to pass pics check and be denied. But that doesn't mean you are totally never allowed to carry in PA. Just that the sheriff doesn't know you from Joe-Schmo and under the law, he is allowed to deny your application if he has reason to believe you would be an individual who is likely to act in a manner dangerous to public safety. And again, just my guess, but I would assume this is all due to the M3 DC charge that you mentioned. We can all sit here and guess what he is going to do, or why he might do it. But until you get a letter stating you have been denied, we don't know anything for sure.

i did recieve a phone call from the sheriff he would not committ either way but he did say by law he can deny my LTCF for any reason, According to his webpage even if u pass PICS if he or his deputys know of any information he has the right by law according to him to deny me..

As was pointed out, that is not entirely true. He cannot only deny your application based on the law posted by headcase above. But again, only guessing here, but I would imagine the phone call is part of his investigation to determine how you act and what you are like. The sheriff doesn't know you or anything about you. Just like we don't. Maybe he just made the phone call to see how you would react. We don't know. And you haven't even been denied yet. If that does happen, there are ways to go about appealing the denial.

well then, the absence of a negative response is a negative.

Yet another Asshat Sheriff who forgets his duty is to SERVE not to RULE.

I asked a question regarding this awhile back and didn't get very many responses. From what I was told, it is legal and falls under the sheriff's investigation. If your references don't respond, they might not process the application until you provide "valid" references. That is my guess. But from what I was told, there is nothing illegal about how they are processing these applications.

[Karma8541]

I have recieved my LTCF today, Im guessing after the phone call i recieved the other day with him kinda made him change his mind of the possible Denial..Thanks for the advice and the support..

[Zef_66]

I have recieved my LTCF today, Im guessing after the phone call i recieved the other day with him kinda made him change his mind of the possible Denial..Thanks for the advice and the support..

Congrats on getting your LTCF. As I posted above, the phone call my have just been to see how you react. If you flew off the handle and got all defensive with the sheriff, he could use that as a reason to deny you. If you were nice, civil, etc, he would grant it. Again, don't know for sure. But glad everything came through okay for you!

[Karma8541]

Thanks, im not sure what the phone call was but i never fly off the handle, life is to short for that BS...Anyway im glad as well, Already took my side arm for a ride to the store lol..