Stationed out of state, LTCF expires

[JAG2955]

So, my LCTF expired about two weeks ago, not to worry, I still have a FL permit that is good for another few years.

I'm active duty military, stationed in NC, and I'm wondering how the Service Member Relief Act, or similar legislation applies to LCTF.

For example, if my driver's license expires while I'm stationed out of state, it's still good until I'm home long enough to fix it. I believe that if you spend so many days in PA on leave, you should get it renewed, but they really have no way to check and prove that.

I'm from Lebanon county, so I'll have to deal with DeLeo. I hope that there is a way to simply extend my permit through the mail, using my old picture, similar to the way that I got my driver's license extended last time.

[mrjam2jab]

YOur LTCF is good for 6 months past expiration date....

in the meantime I'd call your Sheriff and ask how to handle it...

Sheriff Michael J. DeLeo
Chief Deborah A. Miller
400 South 8th Street
Lebanon, Pennsylvania 17042
Telephone 717-228-4410
Fax 717-279-8398

[tl_3237]

From what I can find the SERVICEMEMBERS CIVIL RELIEF ACT [50 U.S.C. App. §§501–596] does not afford you any extension of licensing benefits. Your driver's license is extended by STATE law [75 Pa.C.S.A. § 1514(d)] - not SCRA. SCRA similarly does not appear to apply to LTCFs.

As to the LTCF there is an extension for Armed Services stationed overseas:

18 Pa.C.S.A. § 6109(f)
(3) Notwithstanding paragraph (1) or any other provision of law to the contrary, a license to carry a firearm that is held by a member of the United States Armed Forces or the Pennsylvania National Guard on Federal active duty and deployed overseas that is scheduled to expire during the period of deployment shall be extended until 90 days after the end of the deployment.

but that doesn't help you. FWIW I can't find any requirement in 6109 for you to appear in person. Contact the sheriff and see what he says; I'm sure this issue has arisen in the past.

[Fr0sty]

I could see them doing it, but the issue when the picture comes up. Perhaps asking the local sheriff where you are at now to take a photo and send it up, with a short letter stating that they took the pic and it is you might be an option.

[HiredGoon]

Interesting. I've know about the LTCF being good for 6 months after expiration (providing that a person remains eligible during that period, but did not know about the

"...member of the Armed Forces or the Pennsylvania National Guard on Federal active duty and deployed overseas that is scheduled to expire during the period of deployment shall be extended until 90 days after the end of the deployment".

So I wonder how those two items would work together? Would the military person legally get an extra 90 days after the six months period, if needed?

I'm thinking probably not. it would be either the 6 months OR the 90 days but not both.

[mrjam2jab]

Interesting. I've know about the LTCF being good for 6 months after expiration (providing that a person remains eligible during that period, but did not know about the

"...member of the Armed Forces or the Pennsylvania National Guard on Federal active duty and deployed overseas that is scheduled to expire during the period of deployment shall be extended until 90 days after the end of the deployment".

So I wonder how those two items would work together? Would the military person legally get an extra 90 days after the six months period, if needed?

I'm thinking probably not. it would be either the 6 months OR the 90 days but not both.

They way i read it....if you are deployed in Jan 2009...your LTCF expires July 2009...and you are overseas until Jan 2011...you have 90 days from Jan 2011.

[tl_3237]

Interesting. I've know about the LTCF being good for 6 months after expiration (providing that a person remains eligible during that period, but did not know about the

"...member of the Armed Forces or the Pennsylvania National Guard on Federal active duty and deployed overseas that is scheduled to expire during the period of deployment shall be extended until 90 days after the end of the deployment".

So I wonder how those two items would work together? Would the military person legally get an extra 90 days after the six months period, if needed?

I'm thinking probably not. it would be either the 6 months OR the 90 days but not both.

They way i read it....if you are deployed in Jan 2009...your LTCF expires July 2009...and you are overseas until Jan 2011...you have 90 days from Jan 2011.

IMO using the quoted scenario the LTCF expires Apr 2011 under 6109(f)(3). Once it expires on Apr 2011 you are afforded an ADDITIONAL 6 months per 6106(b)(12) -

(12) A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.

The key is that the LTCF has been 'extended' by 6109 which would thereby toll the nominal expiration date.

Note: that this 6 month extension is only valid for PA carry since it is an exception to the carry proscription of 6106. Since during that 6 months the LTCF has been expired it would seem that it would not be recognized for out-of-state reciprocity.

With that said, if I was in the situation I would renew the LTCF ASAP upon my return to avoid splitting legal hairs with cops or judges.

[nijwnfi]

Just got off the phone with the Sheriffs office. In this case, the permit is good up to 6mo after expiration, and you need to apply in person to renew.

[mrjam2jab]

Just got off the phone with the Sheriffs office. In this case, the permit is good up to 6mo after expiration, and you need to apply in person to renew.

sounds like the person you spoke with isnt familiar with the "military extension"...?

[gnbrotz]

sounds like the person you spoke with isnt familiar with the "military extension"...?

Yep....might be worth the time to call and inform them and remind them that ignoring the law might end up with DeLeo in front of a judge again.