Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    Mar 2010
    Location
    Warminster, Pennsylvania
    (Bucks County)
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    Default Re: Recourse for Carriers permit once deinied

    Quote Originally Posted by WitsBusa View Post
    I would point out that expungement isn't available for a misdemeanor level offense if you pled guilty.. however, minor first time drug offenses like paraphernalia are often addressed with a Section 17 disposition which is the ARD-like disposition for drug act violations. You are never guilty or innocent and should be an automatic expungement if you complete the terms and conditions of the "probationary" sentence. If you disposed of the case with a section 17, you may be able to file the expungement petition to get things squared away.
    Not quite sure what all that means, or what i need to do,lol. I went to court, plead guilty, received a $25 fine, $650 in court costs, set up a payment plan and walked out the door pissed off, lol. I know there was a gun website a friend had given me in the past where you could find your state rep and send them an email with questions or concerns but i don't remember the site. I'm determined to get my permit or at least some answers as to why not. Thank you all for your help and information

  2. #12
    Join Date
    Feb 2009
    Location
    Williamstown NJ ( Peoples Socialist Republic), New Jersey
    Age
    51
    Posts
    4,240
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    721814

    Default Re: Recourse for Carriers permit once deinied

    Quote Originally Posted by ryan4882 View Post
    Not quite sure what all that means, or what i need to do,lol. I went to court, plead guilty, received a $25 fine, $650 in court costs, set up a payment plan and walked out the door pissed off, lol. I know there was a gun website a friend had given me in the past where you could find your state rep and send them an email with questions or concerns but i don't remember the site. I'm determined to get my permit or at least some answers as to why not. Thank you all for your help and information
    What he's trying to tell you is that depending on EXACTLY what you pled to, it MIGHT already be subject to expungement, but you have to request it. You would need to either look at the original papers you received after court, or look up your case and find the information. Depending on what it is will tell you how to proceed. But based on the fine amount you quoted, it sounds like it may have been a misdemeanor possesion charge. I am NOT a lawyer, so you'll have to do some research or see if one of our resident lawyers on PAFOA finds this thread and can share their opinion.
    Si vis pacem, para bellum
    A fear of weapons is a sign of retarded sexual and emotional maturity. -- Sigmund Freud

    Proud to be an Enemy of The State

  3. #13
    Join Date
    Mar 2010
    Location
    Warminster, Pennsylvania
    (Bucks County)
    Posts
    10
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    Default Re: Recourse for Carriers permit once deinied

    Quote Originally Posted by HiredGoon View Post
    I'm a little unclear on something. You said you applied several times... how many?

    And why would you keep applying after the first time you were denied without knowing exactly why and how to try and correct the problem (expungement, etc.)?

    And as mentioned, the sheriff must tell you why you were denied. And there is an appeal process available.
    I applied 3 times, not sure why i didn't check up on things, call it complacency. I was not aware that they were required to give an explanation and i was never offered any paperwork to submit an appeal. All i know is i am trying to fix this problem now and am determined to do so

  4. #14
    Join Date
    Mar 2007
    Location
    City in, Pennsylvania
    Posts
    7,258
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    3606358

    Default Re: Recourse for Carriers permit once deinied

    Quote Originally Posted by ryan4882 View Post
    I applied 3 times, not sure why i didn't check up on things, call it complacency. I was not aware that they were required to give an explanation and i was never offered any paperwork to submit an appeal. All i know is i am trying to fix this problem now and am determined to do so
    Wow, that's strange that the sheriff's office would keep letting you apply without explaining to you, as required by statute, why you were denied the first time.

    Is it possible that if the sheriff sent you a notice that it somehow got mis-delivered while you were in the service and you never received it?

    From the statute:

    "(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."

  5. #15
    Join Date
    Mar 2009
    Location
    East McKeesport, Pennsylvania
    (Allegheny County)
    Posts
    2,177
    Rep Power
    1190

    Default Re: Recourse for Carriers permit once deinied

    ...bad echo in here.
    FNX-9 Two-tone

  6. #16
    Join Date
    Apr 2007
    Location
    Pittston, Pennsylvania
    (Luzerne County)
    Posts
    4,844
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    21474858

    Default Re: Recourse for Carriers permit once deinied

    Quote Originally Posted by ryan4882 View Post
    . All i know is i am trying to fix this problem now and am determined to do so
    Good. Keep us posted.
    troll Free. It's all in your mind.

  7. #17
    Join Date
    Mar 2007
    Location
    Scranton, Pennsylvania
    (Lackawanna County)
    Age
    51
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    Default Re: Recourse for Carriers permit once deinied

    i don't know if anyone's asked: you were turned down for a LTCF, but can you still legally own a firearm?

  8. #18
    Join Date
    Apr 2007
    Location
    Pittston, Pennsylvania
    (Luzerne County)
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    21474858

    Default Re: Recourse for Carriers permit once deinied

    Quote Originally Posted by jahwarrior72 View Post
    i don't know if anyone's asked: you were turned down for a LTCF, but can you still legally own a firearm?
    Good question. ..
    troll Free. It's all in your mind.

  9. #19
    Join Date
    Mar 2007
    Location
    Scranton, Pennsylvania
    (Lackawanna County)
    Age
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    Default Re: Recourse for Carriers permit once deinied

    Quote Originally Posted by normanvin View Post
    Good question. ..
    i only ask because i know it's possible. Meleanie, Greg, Tess, etc...they were still able to legally own and carry, just not in a vehicle, or concealed.

  10. #20
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
    Age
    51
    Posts
    20,111
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    21474874

    Default Re: Recourse for Carriers permit once deinied

    Quote Originally Posted by jahwarrior72 View Post
    i don't know if anyone's asked: you were turned down for a LTCF, but can you still legally own a firearm?
    The requirement for a LTCF is only slightly more stringent than possession/ownership. Any violation of the Controlled Substance, Drug, Device and Cosmetic Act will prohibit issuance of a LTCF(see 6106(e)(ii) ).

    Where as 6105(Prohibited Persons) requires a conviction with a sentence of more than two years for ownership/possession(see 6105(c)(2) ).


    The OP's only recourse is a pardon and expungement, unless he went through an ARD program which should have an option for a statutory expungement.
    Last edited by knight0334; March 17th, 2010 at 04:44 PM.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

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