A letter for the Philadelphia Gun Permits & Tracking Unit

[runningfast]

To Whom It May Concern,

This letter is in reference to the procedures of the Gun Permits and Tracking Unit of the Philadelphia Police Department, specifically as they relate to the issuance of a License to Carry Firearms.

I recently applied for my License to Carry Firearms (LTCF) as a resident of Philadelphia county. While I received quick and courteous service, I was dismayed by some of the statements made by my interviewer. Most specifically, I was concerned by the suggested parameters of the License for which I was applying and the expected period for issuance.

My interviewer stated on multiple occasions that my License to Carry Firearms will permit me to conceal my firearm. While that is strictly true, my License will also, as I’m sure you’re aware, legally permit me to carry my firearm openly. The Pennsylvania Uniform Firearms Act clearly speaks to this issue.

18 Pa.C.S. § 6108: Carrying firearms on public streets or public property in Philadelphia

No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless:
(1) such person is licensed to carry a firearm; or
(2) such person is exempt from licensing under section 6106 of this title (relating to firearms not to be carried without a license).

This statute explicitly accounts for the legality of open carrying a firearm in Philadelphia, assuming ownership of a LTCF. This legal reality is further cemented by the Supreme Court of Pennsylvania case of Ortiz v. Commonwealth of Pennsylvania. It troubles me, then, that certain elements of your office are disseminating false information about what legal activities are endorsed by this License.

The second element of my application experience that troubled me was the claim that I should expect notice of my application’s status in a range of eight to ten weeks. The first time that this figure was presented to me, I considered that I’d simply misheard the speaker. Instead, the information was repeated in several contexts. This has led me to believe that it is general practice for the PPD Gun Permits and Tracking Unit to project this expected response time. The reason that this troubles me is that the practice I’ve described is in opposition to state law. The Pennsylvania Uniform Firearms Act directly addresses the legally allowed duration of any investigation meant to determine one’s eligibility for a LTCF. The relevant statute is below.

18 Pa.C.S. § 6109: Licenses

... (e) Issuance of license.--
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...

I entered the application process fully prepared, with all of my required documents correctly filled out and possessing all other demanded resources. I think that it’s very reasonable to expect that my county meet me with the same courtesy by speedily processing my ordered and complete paperwork and approving my application for a LTCF. However, even were courtesy not a considered dynamic, I must reiterate that state law demands a prompt (45 days) completion of any investigation your Unit might be performing.

I thank you very much for your attention to these matters, and I look forward to any clarification you could provide.

Regards,
[runningfast]

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How does this look?

[KMAG]

Looks good. I would add that a "day" is a calendar day rather than business day. 1 Pa. C.S.A. §§ 1903, 1908. They will likely dislike the correction and this may improperly complicate the LTCF application. However, I think it will be most likely ignored unless you get a state representative or lawsuit involved once the 45-day period expired. Your mileage may vary.

[anonymouse]

Has your application been approved yet? You may want to wait to send that until they issue you your LTCF.

[kcr121]

I applaud your efforts, but I doubt they will have any effect. The truth is that most likely it'll end up in some Lieutenant's shredder (if it even makes it that high.) Like anonymouse suggested, I would also wait to receive your approval/denial letter before sending that off.

[Rundownfid]

I agree with the above advice, get you LTCF and then address their inadequacies. You might CC your, city councilman, State rep or Senator, perhaps even the Attn. General. This would get your concerns more attention, as no bureaucrat likes to think someone above him in the pecking order has an idea he screwed up.

[mrjam2jab]

assuming ownership of a LTCF

Just a technicality...but you don't actually own the LTCF...in fact, the back of mine says "Property of Bucks County, PA Sheriff's Office"...

I would say "assuming possession of a LTCF"....

[dunsho]

PHilly PD revokes LTCF if you lose your gun in a break in, car or home.
can they revoke LTCF from a different county?
so why would anyone report a lost gun. if i lost my gun cause of a car break in, would it be better to report it in a different county?

[1911shooter]

PHilly PD revokes LTCF if you lose your gun in a break in, car or home.
can they revoke LTCF from a different county?
so why would anyone report a lost gun. if i lost my gun cause of a car break in, would it be better to report it in a different county?

I think you may be dancing around with false statemnets then But I could be wrong.

[anonymouse]

Isn't there a statute that makes it to lie about a stolen firearm? Anyone have a citation? I can't find it now...

Edit: Found it - §4906(c)(2)

§ 4906. False reports to law enforcement authorities

(a) Falsely incriminating another.--Except as provided in subsection (c), a person who knowingly gives false information to any law enforcement officer with intent to implicate another commits a misdemeanor of the second degree.

(b) Fictitious reports.--Except as provided in subsection (c), a person commits a misdemeanor of the third degree if he:

(1) reports to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or
(2) pretends to furnish such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident.

(c) Grading.--
(1) If the violation of subsection (a) or (b) occurs during a declared state of emergency and the false report causes the resources of the law enforcement authority to be diverted from dealing with the declared state of emergency, the offense shall be graded one step greater than that set forth in the applicable subsection.
(2) If the violation of subsection (a) or (b) relates to a false report of the theft or loss of a firearm, as defined in section 5515 (relating to prohibiting of paramilitary training), the offense shall be graded one step greater than that set forth in the applicable subsection.

[HiredGoon]

PHilly PD revokes LTCF if you lose your gun in a break in, car or home.
can they revoke LTCF from a different county?
so why would anyone report a lost gun. if i lost my gun cause of a car break in, would it be better to report it in a different county?

They could contact the sheriff in the other county and, if they are buddies, have that sheriff revoke it...I suppose.

Anyway, it doesn't make sense to report your gun stolen from another location that where it was actually stolen. I would think that would greatly decrease the odds of ever seeing it again.

And as mentioned, it's not wise to make a false police report.

Best advice, do not ever live in Philly