Challenging A Denial In Court On Your Own?
Hi, I got a Denial for an LTCF looking for help without a Lawyer to file the paperwork at court, They in Court tell me it has to be worded properly, it's a bogus Denial and I may still get a Lawyer but want to file the paperwork myself at first. Anybody know what to write on the form? I'm going to be open carrying everywhere due to the Lie
Re: Challenging A Denial In Court On Your Own?
Quote:
Originally Posted by
Tiger00
Hi, I got a Denial for an LTCF looking for help without a Lawyer to file the paperwork at court, They in Court tell me it has to be worded properly, it's a bogus Denial and I may still get a Lawyer but want to file the paperwork myself at first. Anybody know what to write on the form? I'm going to be open carrying everywhere due to the Lie
Just my opinion but this is kinda what lawyers are for.
Re: Challenging A Denial In Court On Your Own?
Quote:
Originally Posted by
Tiger00
Hi, I got a Denial for an LTCF looking for help without a Lawyer to file the paperwork at court, They in Court tell me it has to be worded properly, it's a bogus Denial and I may still get a Lawyer but want to file the paperwork myself at first. Anybody know what to write on the form? I'm going to be open carrying everywhere due to the Lie
The initial challenge should be easily found and submitted but you have to do so quickly or they'll deny you on that alone. If you are legitimately denied and you challenge it, you are more likely to be prosecuted but if it's a bogus denial, I'd go after it. On OC, you can walk out your front door to most anywhere but you are not allowed to transport your gun anywhere then get out and start OCing. Without a LTCF, you are only allowed to transport your gun to the range or a gunsmith and maybe to you office if you own the company.
Re: Challenging A Denial In Court On Your Own?
Quote:
Originally Posted by
Tiger00
Hi, I got a Denial for an LTCF looking for help without a Lawyer to file the paperwork at court, They in Court tell me it has to be worded properly, it's a bogus Denial and I may still get a Lawyer but want to file the paperwork myself at first. Anybody know what to write on the form? I'm going to be open carrying everywhere due to the Lie
Keep in mind that permitless open carry in PA requires that you remain on foot. Being in/on a vehicle/conveyance requires a LTCF - this includes cars, bicycles, horses, skateboards, etc. - so your carry location options are limited to where you can walk. And transporting your locked and unloaded firearm in your vehicle is limited to trips between gun shop, home, and range, so you can't just 'transport' it to the mall and strap up when you get there.
I'm just scratching the surface (Sarge is tired), but I wanted to get you a heads up.
Re: Challenging A Denial In Court On Your Own?
There is also a strict time limit as well so you're already on the clock, don't be penny wise and pound foolish if you're sure it's a bogus denial.
Re: Challenging A Denial In Court On Your Own?
One other thing comes to mind and if I am wrong, I would like to hear it...I think that the qualifications to own are the same as those to be able to carry. Is that right or are there some exceptions?
Re: Challenging A Denial In Court On Your Own?
I heard that it's 30 days to file an appeal. What I don't know is if I move to another county will it be approved or denied there? I definitely am moving counties also but I want to be sure it will be Ok *Approved before I move.
Re: Challenging A Denial In Court On Your Own?
Quote:
Originally Posted by
Walleye Hunter
One other thing comes to mind and if I am wrong, I would like to hear it...I think that the qualifications to own are the same as those to be able to carry. Is that right or are there some exceptions?
Don't think the "character clause" applies to 0wnership/possession - only to LTCF
Quote:
18 PA CSA §6109(e)(1)
A license shall not be issued to any of the following:
(i) An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.
Re: Challenging A Denial In Court On Your Own?
Quote:
Originally Posted by
tl_3237
Don't think the "character clause" applies to 0wnership/possession - only to LTCF
Character & Reputation, I'm a guy who says nothing in public nor do I ever confront, when I carry a gun I am Wary/Keary to say one word so I avoid All "Confrontation" is the last thing I ever want to do, having to ever pull it out
Re: Challenging A Denial In Court On Your Own?
I'd understand if you don't, but do you want to share the reason for denial? Maybe it's not as clear cut as you think and you should retain a lawyer sooner rather than later.