Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Sep 2009
    Location
    Philly :(, Pennsylvania
    (Philadelphia County)
    Age
    35
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    Default LTCF Denial question; can I appeal?

    So I got denied for "Failure to cooperate and/or failure to give truthful answer (written or oral) regarding his/her application for a LTCF" involving "previous arrests".

    I've been in trouble once when I was about 15, was convicted of a misdemeanor and did counseling+probation for a year. I was open and honest about this on my application. I don't think (or at least, I don't remember) being arrested during that process though. The way I remember it I was taken to a police station, fingerprinted and handed over to my mother. I was scared shitless for the whole process. I suppose that WAS an arrest, although I have always thought I was just processed or booked or whatever you call it and sent home since I wasn't printed/photographed before this incident.

    I've never been in any kind of trouble since. I was 15 or 16, scared out of my mind with little understanding of what was occurring... considering that I was open about the fact that I was charged and convicted of a crime on my application, what do you guys think my chances are of winning an appeal? The way I see it I forgot/made an honest mistake about my arrest record.
    Just because 'perfect' is impossible does not mean we should settle for 'broken'.

  2. #2
    Join Date
    Oct 2006
    Location
    Upper Pottsgrove, Pennsylvania
    (Montgomery County)
    Age
    51
    Posts
    3,650
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    Default Re: LTCF Denial question; can I appeal?

    I'd say if you were honest about it and mentioned it somewhere on your application 99% chance, if not 90% chance. Gas up your car and appeal but do it quickly..

    I doubt you were tried as an adult, right?
    Quote Originally Posted by Al-Mumit View Post
    So I got denied for "Failure to cooperate and/or failure to give truthful answer (written or oral) regarding his/her application for a LTCF" involving "previous arrests".

    I've been in trouble once when I was about 15, was convicted of a misdemeanor and did counseling+probation for a year. I was open and honest about this on my application. I don't think (or at least, I don't remember) being arrested during that process though. The way I remember it I was taken to a police station, fingerprinted and handed over to my mother. I was scared shitless for the whole process. I suppose that WAS an arrest, although I have always thought I was just processed or booked or whatever you call it and sent home since I wasn't printed/photographed before this incident.

    I've never been in any kind of trouble since. I was 15 or 16, scared out of my mind with little understanding of what was occurring... considering that I was open about the fact that I was charged and convicted of a crime on my application, what do you guys think my chances are of winning an appeal? The way I see it I forgot/made an honest mistake about my arrest record.

  3. #3
    Join Date
    Sep 2009
    Location
    Philly :(, Pennsylvania
    (Philadelphia County)
    Age
    35
    Posts
    545
    Rep Power
    843

    Default Re: LTCF Denial question; can I appeal?

    Like I said I gave details of my conviction & sentence to the person who interviewed me. If I was going to lie I'd have lied about that which, of course, would have been equally fruitless and criminal. I know they'd find out, I'm not an idiot... I'm just hoping I can convince them of that.

    Also, I was not tried as an adult and AFAIK the record of the conviction was expunged since I didn't get into any more trouble by the time I was 18 or 21. Hmm... I wonder how I can find out if that's true or not?

    I'm going to appeal either way if only because I can't stand being called a liar. Pet peeve...
    Just because 'perfect' is impossible does not mean we should settle for 'broken'.

  4. #4
    Join Date
    Oct 2006
    Location
    Upper Pottsgrove, Pennsylvania
    (Montgomery County)
    Age
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    Default Re: LTCF Denial question; can I appeal?

    Quote Originally Posted by Al-Mumit View Post
    Like I said I gave details of my conviction & sentence to the person who interviewed me. If I was going to lie I'd have lied about that which, of course, would have been equally fruitless and criminal. I know they'd find out, I'm not an idiot... I'm just hoping I can convince them of that.

    Also, I was not tried as an adult and AFAIK the record of the conviction was expunged since I didn't get into any more trouble by the time I was 18 or 21. Hmm... I wonder how I can find out if that's true or not?

    I'm going to appeal either way if only because I can't stand being called a liar. Pet peeve...
    If the conviction was expunged, they can't use it against you and you don't have to bring it up. It's over, done and buried.. As far as I know. Fight twice as hard. Philly probably just used it as an illegal excuse to not issue a licence... Go get them!

  5. #5
    Join Date
    Sep 2009
    Location
    Philly :(, Pennsylvania
    (Philadelphia County)
    Age
    35
    Posts
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    Default Re: LTCF Denial question; can I appeal?

    Quote Originally Posted by exceltoexcel View Post
    If the conviction was expunged, they can't use it against you and you don't have to bring it up. It's over, done and buried..
    That's what I thought when filling out the application, but I told about the conviction anyway. I did that specifically because I know Philly will deny you for any little thing... ugh, if its not one thing its another I suppose.
    Just because 'perfect' is impossible does not mean we should settle for 'broken'.

  6. #6
    Join Date
    Oct 2006
    Location
    Upper Pottsgrove, Pennsylvania
    (Montgomery County)
    Age
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    Default Re: LTCF Denial question; can I appeal?

    Quote Originally Posted by Al-Mumit View Post
    That's what I thought when filling out the application, but I told about the conviction anyway. I did that specifically because I know Philly will deny you for any little thing... ugh, if its not one thing its another I suppose.
    Get your paperwork on it!!! Go wherever you have to go and find the expungement order from the judge. If you have it and give it to Philadelphia and harrisburg It might just save you all the trouble in the world..

  7. #7
    Join Date
    Jul 2009
    Location
    Plymouth Meeting, Pennsylvania
    (Montgomery County)
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    Default Re: LTCF Denial question; can I appeal?

    Sounds like you need good legal counsel.

    Or, just apply for a Florida license and see if you pass. Correct me if I am wrong, but you could carry on a FL license. You have options.
    Join the groups protecting your rights from the fools trying to take them from you!

  8. #8
    Join Date
    Oct 2006
    Location
    Upper Pottsgrove, Pennsylvania
    (Montgomery County)
    Age
    51
    Posts
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    Default Re: LTCF Denial question; can I appeal?

    I personally wouldn't get legal counsel, but that's me.. I'd just go ahead and get all the paperwork together, make a few calls, and if allowed by law represent myself. Harrisburg usually doesn't give you loads of hassle. However you risk losing and having to reapply next year. Of course, that can happen if you have legal counsel as well.. I just can't see paying $2000 or so for a LTCF... IF you have the money to throw away, go ahead...

  9. #9
    Join Date
    Sep 2009
    Location
    Philly :(, Pennsylvania
    (Philadelphia County)
    Age
    35
    Posts
    545
    Rep Power
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    Default Re: LTCF Denial question; can I appeal?

    Quote Originally Posted by exceltoexcel View Post
    Get your paperwork on it!!! Go wherever you have to go and find the expungement order from the judge. If you have it and give it to Philadelphia and harrisburg It might just save you all the trouble in the world..

    I have no idea how to go about doing that, or even if it'd matter. I could swear I read on the LTCF application that you were supposed to list expunged stuff too, but I don't quite remember.

    Sounds like you need good legal counsel.

    Or, just apply for a Florida license and see if you pass. Correct me if I am wrong, but you could carry on a FL license. You have options.
    If I could afford a lawyer I'd do that, but as it stands I'm lucky I could afford the LTCF application fee.

    A FL permit is a good idea if this goes south. I just hope they don't try to file charges or something if they think I answered dishonestly on the LTCF application. Can that happen?
    Just because 'perfect' is impossible does not mean we should settle for 'broken'.

  10. #10
    Join Date
    Mar 2009
    Location
    Philadelphia, Pennsylvania
    (Philadelphia County)
    Posts
    27
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    0

    Default Re: LTCF Denial question; can I appeal?

    edited for content.
    Last edited by EasyRider; October 29th, 2009 at 09:53 AM.

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