CCW Denial? Really?

[govmule84]

Voluntary delete.

[zackattack784]

Isn't there a drug use question on the application to buy a handgun? How did you get around that one?


They aren't going to interview everyone you've ever met to find out if you ever smoked pot, but they sure as hell will flunk you if you bring it up in the questionaire.

HAVE YOU EVER BEEN CONVICTED OF ANY DRUG OR CONTROLLED SUBSTANCE OFFENSE UNDER THE ACT OF APRIL 14, 1972
(P.L. 233, NO. 64) KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT?
(ALL DRUG-RELATED CONVICTIONS WILL PROHIBIT LICENSING, UNDER SECTION 6109 RELATING TO LICENSES)

ARE YOU AN INDIVIDUAL WHO IS A HABITUAL DRUNKARD, OR WHO IS ADDICTED TO OR AN UNLAWFUL USER OF MARIJUANA OR A
STIMULANT, DEPRESSANT, OR NARCOTIC DRUG?


Those are the only questions that are asked relating to drugs. From what the OP describes, he can safely answer no to both of those but still admit to drug use.

ETA: My bad, what I posted is from the LTCF app, not the handgun buying form. I can't recall exactly what drug questions are on the buying form.

[govmule84]

Voluntary delete.

[soberbyker]

Isn't there a drug use question on the application to buy a handgun? How did you get around that one?


They aren't going to interview everyone you've ever met to find out if you ever smoked pot, but they sure as hell will flunk you if you bring it up in the questionaire.

On the approved LTCF application:

LINE 36: Are you an individual who is a habitual drunkard, or who is addicted to or an unlawful user of marijuana or a stimulant, depressant or narcotic drug?

The way I read this it's asking currently, not past. However, by the OP admitting to using at all, was to admit to being an "unlawful user of" which resulted in the denial.

ETA, I'm a slow typer, zackattack already points this out, but the original post (OP) was about a CCW (LTCF).
.

[govmule84]

Voluntary delete.

[zackattack784]

Folks:

This was in the interview. It is not a written question. PHL uses a verbal interview after your written app.

They asked about USE, not convictions or arrests.

My question still remains, are there any possible repercussions for lying/refusing to answer during this "interview?" Legally I'm thinking no.

[unloved]

Guys...the BATF form asks about convictions.

The Philadelphia questionnaire asks about arrests, convictions, and USE.

I'm aware of that. I said there are no such questions on the approved LTCF application.

This one:http://www.ppdonline.org/pdf/hq/sp4-127-phila.pdf

My point is, you are subject to penalties prescribed by law for providing false information on the approved application. I don't see how PPD has any authority whatsoever to subject you to penalties (i.e. arrest) not prescribed by law for failing to satisfactorily answer questions that are not on the approved application.

[unloved]

My question still remains, are there any possible repercussions for lying/refusing to answer during this "interview?" Legally I'm thinking no.

I agree. PPD doesn't get to make up their own application and arbitrarily decide that they can punish people for their answers to the questions on that non-approved application.

[soberbyker]

Folks:

This was in the interview. It is not a written question. PHL uses a verbal interview after your written app.

They asked about USE, not convictions or arrests.

Did they ask if you EVER or CURRENTLY used drugs?

Really it's all hindsight now and the question of legality of the PPD form has been asked many times over the past few years, the fact is they now have a record of you admitting to use, then, now, doesn't matter, either way, whenever, it is/was unlawful.

Your only recourse now is an attorney and the appeals process. Most people don't press past this point, can't afford too, don't have the time, whatever, PPD counts on this.

.

[Philbert]

OP, perhaps this will help you in your appeal

http://www.usatoday.com/news/washing...8-01-fbi_N.htm

You can smoke weed a few times and still be hired as an FBI agent.

I am not advocating smoking weed, and I've never done it, but the idea that having done so in the past makes you a lifetime danger to society is ridiculous.