Beaver County LTCF Denial

[joe15003]

Ok well this is actually regarding a friend. Yes and a friend it is I have had my LTCF for quite some time. He went to the Beaver County Courthouse today a few days after his 21st birthday to get his LTCF.
When he was 16 years old he got into some trouble with the law. He plead guilty to the charges which was indecent assault as an M2. He got a 9 months probation and never violated it. He did pass the PICS backround check but then it went to the Sheriff (George J. David) and he denied it because he would not give the LTCF to anyone with an adult or juvie record.

So does he have any recourse that he can follow?

He just got a job dealing with public safety and passed all the backround checks there but was not given his LTCF.

Any suggestions would help.

Thank you

FYI if you can point me to other threads or a better direction that would help.

[Statkowski]

What did the sheriff's letter of denial state as the reason for denial?

18 Pa. C.S. § 6109. Licenses.
(g) Grant or denial of license.--Upon the receipt of an application for a license to carry a firearm, the sheriff shall, within 45 days, issue or refuse to issue a license on the basis of the investigation under subsection (d) and the accuracy of the information contained in the application. If the sheriff refuses to issue a license, the sheriff shall notify the applicant in writing of the refusal and the specific reasons. The notice shall be sent by certified mail to the applicant at the address set forth in the application.

It should also state on the letter the means by which to appeal the denial.

[headcase]

Did he pass a PICS check for purchase? A conviction for indecent assault may prohibit him under 6105, but I don't know the actual charge he pled to... Read 6105 and 6109, and answer Stats question.

[joe15003]

What did the sheriff's letter of denial state as the reason for denial?



It should also state on the letter the means by which to appeal the denial.

This just happened yesterday and he was so mad that he just left. I had already told him to get a letter. The OP is all verbal at this point.

[joe15003]

Did he pass a PICS check for purchase? A conviction for indecent assault may prohibit him under 6105, but I don't know the actual charge he pled to... Read 6105 and 6109, and answer Stats question.

Hi headcase, I can't remember the actual charge either but I am going to ask him to see if he can get the numbers (e. I. 6105 and 6109).

Thank you guys for your help to this point

[headcase]

Hi headcase, I can't remember the actual charge either but I am going to ask him to see if he can get the numbers (e. I. 6105 and 6109).

Thank you guys for your help to this point

I would tell you to find out exactly what was pled to, not what he says he pled to, and then check 6105 to see if it is on the list. I would again just wait for the letter, as it has to come if he was denied, and proceed from there. Normally, I would send you to the reference library, but it seems now that no one has cared enough to mind the store, so the info in there is not to be trusted at this point in time.

[joe15003]

ok my friend is watching this thread also and has some more info. He actually pled to the charge of indecent assault and it was as a juvie. This charge is not under the 6105 code. He has not recieved his letter as of yet but when he does I will let everyone know.

Thank you

[tl_3237]

As others have already said, your friend will be given a written justification for refusal through certified mail (18 Pa CSA 6109(g)).

Indecent assault is an 18 Pa CSA 3126 offense and, as you indicated, was an M2.

This is not listed as a prohibited person qualifier per 18 Pa CSA 6105 so he can pass the PICS check. LTCF qualifications, however, are more stringent. Since M2s currently can have a maximum sentence of 2 years then consider:

18 Pa CSA 6109(e) Issuance of license.--

(1) A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle and shall be issued if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license. A license shall not be issued to any of the following:

(viii) An individual who is charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year except as provided for in section 6123 (relating to waiver of disability or pardons).

Presuming that the M2 sentencing guidelines at the time of the infraction was also greater than 2 years imprisonment, this may be the reason for denial.

Again, wait for the official letter.

ETA: Thought about this last night remembering that there is a twisted legal definition "crime punishable by imprisonment for a term exceeding one year" for both Federal and state statutes. Here it is:

18 Pa CSA §6102. Definitions."Crime punishable by imprisonment exceeding one year."

The term does not include any of the following:

(1) Federal or State offenses pertaining to antitrust, unfair trade practices, restraints on trade or regulation of business.

(2) State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years.

With that illogical definition, my previous post may be in error .

[headcase]

As others have already said, your friend will be given a written justification for refusal through certified mail (18 Pa CSA 6109(g)).

Indecent assault is an 18 Pa CSA 3126 offense and, as you indicated, was an M2.

This is not listed as a prohibited person qualifier per 18 Pa CSA 6105 so he can pass the PICS check. LTCF qualifications, however, are more stringent. Since M2s currently can have a maximum sentence of 2 years then consider:



Presuming that the M2 sentencing guidelines at the time of the infraction was also greater than 2 years imprisonment, this may be the reason for denial.

Again, wait for the official letter.

ETA: Thought about this last night remembering that there is a twisted legal definition "crime punishable by imprisonment for a term exceeding one year" for both Federal and state statutes. Here it is:



With that illogical definition, my previous post may be in error .

It really isn't all that twisted. It says that conviction or indictment for any Federal or State offenses pertaining to antitrust, unfair trade practices, restraints on trade or regulation of business are not included in the one year limit, neither are any State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years. I take that to mean that anything State related that is classified as a misdemeanor, has to have a punishment possibility that exceeds two years in order to be considered prohibiting for a LTCF.

*ETA~ Also they would have find out what the possible punishment for the indecent assault conviction could have been, and apply these rules to that...

Of course, IANAL

[Willis]

Assuming his case took place in juvenile court, he was not "convicted" of anything, and he did not "plead guilty". He made an admission and was "adjudicated delinquent". In any case, at first glance, I believe the LTCF denial may have been improper.

More importantly, in addition to following through with the LTCF appeal, your friend should look into expungement. If he has not been adjudicated/convicted of a misdemeanor or felony since his probation ended, he should have little problem getting an order.

Juveniles are essentially entitled to expungement pursuant to 18 Pa. C.S. 9123(a)(3) if five-years have elapsed since their discharge from supervision and they have not been in any serious (misdemeanor of felony) trouble since.

Sometimes, the juvenile DA will agree to an expungement as part of the admission agreement. Even if they don't, the juvenile can petition at any time and hope that the DA will stipulate OR that the judge will order the expungement despite the DA's opposition.

However, after five trouble free years have elapsed, the former delinquent should be able to get an expungement with relative ease. It appears that if the requirements of 9123(a)(3) are met, the court has very limited discretion to deny the expungement. See Interest of A.B. 2009 WL 4984423 (reversing Common Pleas judge who denied expungement in a case where the juvenile was adjudicated of possessing a large amount of ecstasy with intent to deliver).

“If a juvenile petitioner satisfies the requirements, under provision in expungement statute allowing for expungement of juvenile records if five (5) years had elapsed since petitioner's final discharge from probation, petitioner had not been convicted of a subsequent felony, misdemeanor or adjudication of delinquency, and no proceeding was pending seeking a conviction or adjudication, the record must be expunged, unless the Commonwealth can show specific reasons to justify retention of that particular record; mere assertion of generic policies such as accurate record keeping or public safety will not satisfy the “cause shown” exception in the expungement statute.” Id.


Bottom line: no matter what happens with the LTCF process this time, he should have his juvenile records expunged as soon as possible. He was 16 when it happened and he is 21 now, so almost 5 years have elapsed since his final discharge from the system. So, even if the DA did not agree to expungement as part of the admission and refuses to stipulate now, he should petition as soon as the five-year mark is passed.

This way, when he applies for a LTCF next time there should be no problems. A complete expungement and properly worded (and properly served) order, should take care of things. Hire a good lawyer to make sure there are no loose ends.