Originally Posted by
smithwessn
From the UFA- Red is mine-
6109. Licenses.
(a) Purpose 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 throughout this Commonwealth.
(b) Place of application.--An individual who is 21 years of
age or older may apply to a sheriff for a license to carry a
firearm concealed on or about his person or in a vehicle within
this Commonwealth. If the applicant is a resident of this
Commonwealth, he shall make application with the sheriff of the
county in which he resides or, if a resident of a city of the
first class, with the chief of police of that city.
(c) Form of application and content.--The application for a
license to carry a firearm shall be uniform throughout this
Commonwealth and shall be on a form prescribed by the
Pennsylvania State Police. The local police card is not uniform throughout the Commonwealth, nor did PSP prescribe a local police card. The form may contain provisions, not
exceeding one page, to assure compliance with this section.
Issuing authorities shall use only the application form
prescribed by the Pennsylvania State Police. < Pretty self explanatory, right there. "Only" the application form prescribed by PSP. The local PD card would be "in addition to" the application, now wouldn't it?Yes, but their argument could be that the "check card" is part of the Sheriff's investigation, not part of the application.
One of the
following reasons for obtaining a firearm license shall be set
forth in the application: self-defense, employment, hunting and
fishing, target shooting, gun collecting or another proper
reason. The application form shall be dated and signed by the
applicant and shall contain the following statement:
I have never been convicted of a crime that prohibits me
from possessing or acquiring a firearm under Federal or
State law. I am of sound mind and have never been
committed to a mental institution. I hereby certify that
the statements contained herein are true and correct to
the best of my knowledge and belief. I understand that,
if I knowingly make any false statements herein, I am
subject to penalties prescribed by law. I authorize the
sheriff, or his designee, or, in the case of first class
cities, the chief or head of the police department, or
his designee, to inspect only those records or documents
relevant to information required for this application. If
I am issued a license and knowingly become ineligible to
legally possess or acquire firearms, I will promptly
notify the sheriff of the county in which I reside or, if
I reside in a city of the first class, the chief of
police of that city.
(d) Sheriff to conduct investigation.--The sheriff to whom
the application is made shall: It says the Sheriff shall conduct the investigation, not local PD. Agreed, but can the sheriff use the local PD as a "tool" of their investigation?
(1) investigate the applicant's record of criminal
conviction;
(2) investigate whether or not the applicant is under
indictment for or has ever been convicted of a crime
punishable by imprisonment exceeding one year;
(3) investigate whether the applicant's character and
reputation are such that the applicant will not be likely to
act in a manner dangerous to public safety;
(4) investigate whether the applicant would be precluded
from receiving a license under subsection (e)(1) or section
6105(h) (relating to persons not to possess, use,
manufacture, control, sell or transfer firearms); and
(5)(The Sheriff to whom the application is made shall) conduct a criminal background, juvenile delinquency
and mental health check following the procedures set forth in
section 6111 (relating to sale or transfer of firearms),
receive a unique approval number for that inquiry and record
the date and number on the application. again, it says the Sheriff, not a word is said about local PD. Anywhere.Agreed and I like that point.
Please understand, I am not challenging you, or anyone else. Rather, I am wanting to challenge the law, at least for our discussion. I don't have funds for the "fight". Both my nephew and I are wanting to at least resolve this in our minds. One point I made to him is that nowhere does it require the applicant to become part of the investigative process. If the Sheriff wants info from the local PD, let them take my information to them and get it. I am not required by law to assist them in investigating me!
That's a rather expensive proposition for the average Joe. The state AG has proven to be uninterested in pressing charges against local governments. Philly is a prime example. Clearly in violation of State law, yet nothing has been done about it.