My concealed carry permit applictaion was denied???

[Willis]

40 Cal Kid: To review your entire criminal history, you need to send in form sp4-164 to the Pennsylvania State Police.

The form can be accessed here: http://www.dpw.state.pa.us/Resources...olice-bkgd.pdf

Be sure to choose "individual access and review" as the reason for the request. This option allows you to review juvenile cases and charges that did not result in conviction.

However, with a few exceptions, summary cases (initiated by citation) often do not appear on a PSP RAP sheet. *Underage Alcohol charges often appear on PennDOT driving records, though


In my experience, the AOPC public docket sheets rarely show juvenile cases that were handled in the juvenile court system. However, juvenile summary cases (initiated by traffic or non-traffic citation) will generally appear.

Also, notice the disclaimer at the bottom of the public docket sheets. The AOPC dockets are not guaranteed to be accurate. So, be safe and pull your ENTIRE criminal history by sending in form sp4-164 BY MAIL with a $10 money order.

There is a chance that the results will show the details of your prior paraphernalia case. The results may not show your prior summary cases.

After you receive the results, contact a local attorney about filing for expungement. Juvenile adjudications (even very serious ones) can often be expunged pursuant to 18 Pa. C.S 9123. Recent case law makes the process even easier after five trouble free years (with no misdemeanors or felonies) have elapsed. I discuss this in one of my other postings.

Further, summary offense convictions (adult or juvenile) can often be expunged. 18 Pa. C.S. 9122(b)(3) is a new statute that allows for summary offense expungements after five-years. And, 18 Pa. C.S. 9122(a)(3) always provided for expungement of Underage Alcohol offenses.

[40calkid]

40 Cal Kid: To review your entire criminal history, you need to send in form sp4-164 to the Pennsylvania State Police.

The form can be accessed here: http://www.dpw.state.pa.us/Resources...olice-bkgd.pdf

Be sure to choose "individual access and review" as the reason for the request. This option allows you to review juvenile cases and charges that did not result in conviction.

However, with a few exceptions, summary cases (initiated by citation) often do not appear on a PSP RAP sheet. *Underage Alcohol charges often appear on PennDOT driving records, though


In my experience, the AOPC public docket sheets rarely show juvenile cases that were handled in the juvenile court system. However, juvenile summary cases (initiated by traffic or non-traffic citation) will generally appear.

Also, notice the disclaimer at the bottom of the public docket sheets. The AOPC dockets are not guaranteed to be accurate. So, be safe and pull your ENTIRE criminal history by sending in form sp4-164 BY MAIL with a $10 money order.

There is a chance that the results will show the details of your prior paraphernalia case. The results may not show your prior summary cases.

After you receive the results, contact a local attorney about filing for expungement. Juvenile adjudications (even very serious ones) can often be expunged pursuant to 18 Pa. C.S 9123. Recent case law makes the process even easier after five trouble free years (with no misdemeanors or felonies) have elapsed. I discuss this in one of my other postings.

Further, summary offense convictions (adult or juvenile) can often be expunged. 18 Pa. C.S. 9122(b)(3) is a new statute that allows for summary offense expungements after five-years. And, 18 Pa. C.S. 9122(a)(3) always provided for expungement of Underage Alcohol offenses.

I filled out a PSP criminal history check over the internet about an hour ago and paid $10 with my credit card so I am waiting the response of that. I am a little unsure of the expurgation though... If my paraphernalia charge did happen to show up from 2004, is that able to be expunged, IF it even shows up... it wasn't a serious thing, my friend told the school police that I had something and the contacted my mother and in turn came to the house. I was never put in hand cuffs and i don't remember signing anything.

[glockman22]

I filled out a PSP criminal history check over the internet about an hour ago and paid $10 with my credit card so I am waiting the response of that. I am a little unsure of the expurgation though... If my paraphernalia charge did happen to show up from 2004, is that able to be expunged, IF it even shows up... it wasn't a serious thing, my friend told the school police that I had something and the contacted my mother and in turn came to the house. I was never put in hand cuffs and i don't remember signing anything.

what website did you go to and pay $10 bucks?

[unloved]

Yes I contacted my sheriff last Friday and he said it was a denial...

He is required by law to notify you in writing, by certified mail of the specific reason(s) for denial.

[snip]
(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.

[Willis]

I filled out a PSP criminal history check over the internet about an hour ago and paid $10 with my credit card so I am waiting the response of that. I am a little unsure of the expurgation though... If my paraphernalia charge did happen to show up from 2004, is that able to be expunged, IF it even shows up... it wasn't a serious thing, my friend told the school police that I had something and the contacted my mother and in turn came to the house. I was never put in hand cuffs and i don't remember signing anything.

When no record is found at all, the internet EPatch result is often instant. More importantly, last I inquired, the EPatch internet background check will not give you your ENTIRE criminal history. For the most part, it will show only (1) adult "convictions" AND (2) all charges in matters where no disposition has been reported for up to 3 years (after 3 years with no disposition reported, I believe the PSP will redact those cases from the online background check results).

Therefore, when the online results come to you in the mail, they may not have any reference to the juvenile matter (even if PSP has those records). This is because juvenile adjudications are not "convictions". When you requested your records via EPatch online, what was your reason for the request? Employment?

Bottom line: I think you need an "individual access and review" criminal history to see exactly what PSP has in their database. This can be obtained via the form I mentioned above, and it must be submitted by mail. The results will be your entire/official PA Criminal history (with the exception of many summary charges initiated by citation). The results will show all charges that have been reported to PSP , regardless of outcome, etc.


If you were charged with Paraphernalia as a juvenile, it may very well appear on your "access and review" background check. I see it happen on a regular basis. It will say something to the effect of "juvenile for the following....". Keep in mind: Even if it doesn't appear on the PSP "access and review" RAP Sheet, that doesn't mean the juvenile court does not have the records. That is why you want to look into expungement.

Regarding expunction: If this happened when you were under 18, and it was handled in the juvenile court, you will be 'eligible' for expungement (regardless of the outcome or seriousness of the case). Out of curiousity, though, what was the outcome? Probation? Nolle prosse? Diversion? Dismissal?


As for your denial: If you were adjudicated delinquent of a Title 35 offense, that could be the reason you were denied. See 6109(e)(1)(iv) "...... A license shall not be issued to any of the following: ....... An individual who, within the past ten years, has been adjudicated delinquent for a crime enumerated in section 6105 or for an offense under The Controlled Substance, Drug, Device and Cosmetic Act." Drug Paraphernalia is a violation of 35 Pa. C.S. 780-113(a)(32).

[gnbrotz]

He is required by law to notify you in writing, by certified mail of the specific reason(s) for denial.

This has already happened. See post #14.

[unloved]

This has already happened. See post #14.

I dunno Greg, I don't see any of the statutory reasons for denial mentioned in here.

To Whom It May Concern:
Your application for a License to carry a Firearm was denied (or classified as
undetermined) by Pennsylvania State Police. If you wish to challenge their
decision complete the attached forms. ALL APPEALS FOR
DENIALS BY PENNSYLVANIA STATE POLICE MUST BE SENT TO
PENNSYLVANIA STATE POLICE. DO NOT MAIL CHALLENGE FORMS TO THE SHERIFF'S OFFICE. Please note that state law requires that you
submit your appeal to PENNSYLVANIA STATE POLICE within 30 (thirty)
days of the denial Failure to follow these procedures could result in your
challenge not being considered. Mail challenge form to:

[HiredGoon]

what website did you go to and pay $10 bucks?

See my post here:

http://forum.pafoa.org/concealed-ope...ml#post1122448

[gnbrotz]

I dunno Greg, I don't see any of the statutory reasons for denial mentioned in here.

6109(d)(5) mandates that the Sheriff conduct the PICS check - if an applicant fails, the Sheriff (just like a potential purchaser who is denied or place in research) does not know the specific reason under 6109(e) for the actual PICS denial, but failure of the PICS check is grounds for denial.

The applicant must challenge the PICS determination directly with the PSP, and then submit any exculpatory findings that may surface to the Sheriff so the PICS check can be successfully completed and the license can be issued if all other conditions are met.

[Proud Owner]

i may or may not have any buisness posting anything here but dude you did the crime. they have to go by specific guidlines and if you dont fit those then you gota suck it up and drive on even though it sucks balls. i just applied for mine yesterday and thanks to my sons crazy mother in an attemp to keep him away from me she filed a false PFA on me many years ago. i pleaded no contest to it, not saying i did it but i would abide by that order. i wasnt convicted of anything but that still may give me a denial. i feel your pain because i know i have a pretty good chance of not getting it and that eats shit dude. best of luck to you and i hope you fight it and win bro. oh ya, thanks for your service brother.

customloaded: bro if your still following this thread you ought to be ashamed dude. whatever discharge it was the guy still searved his country. i just got out after 8 yrs with honorable. i did the whole iraq war b.s. and all the other crap. the people that searve are the biggest brotherhood in the world dude. no matter the status of discharge, unless your just a total piece of shit, he still deserves that respect. you of all people should no that. thanks for serving dude and be safe. i think thats all lol sorry folks