Re: Challenging A Denial In Court On Your Own?
First ... Like every poster before me... Hire a lawyer... If you were arrested, regardless of the charges, and their subsequent dismissal, the County Sheriff as the arbitrator of the LTCF can undoubtedly use the Character and Reputation clause to deny you. That denial will be available in the system regardless of where you move in Pennsylvania as well as the arrest. Yes the new Sheriff where you live can over rule it, but you stand little chance of another Sheriff taking on that liability. File your appeal. You are going to have to have a hearing in the Court of Common Pleas and convince a judge that the Sheriff is wrong in his application of the character clause. He'll have his department attorney there, you are going to need yours, and make sure that your lawyer(s) are well versed in appealing LTCF denials. No idea what the "issues" were, but you are going to have to overcome everyone of them if you want a shot at a LTCF. Good luck.
Re: Challenging A Denial In Court On Your Own?
Quote:
Originally Posted by
Tiger00
And I did that because I thought when I applied this year it wouldn't be a problem, I'm not taking this Lie. I deleted those 2 threads because it got emotionally sour, I'm not a Gossiper, if I told the whole entire story you would believe this Cop should be wearing a dress. I do not Lie in life about anything ✌️
Still, it would be nice to see those threads as a point of reference. Deleting threads because you don't like the answers you received (as my memory serves me. I could be wrong, but can't tell because the threads are gone) doesn't strengthen your argument now.
Re: Challenging A Denial In Court On Your Own?
I deleted them because I thought I would be approved on this recent application for an LTCF, this cop said he was gonna take my gun Rights away from me before the arrest, this guy should be in prison
Re: Challenging A Denial In Court On Your Own?
First Lawyer I went to told me my odds were 50/50 because they were dismissed charges, I think he thought I was gonna take it to court myself but my blood is already Hot right now so hopefully I get one this week
Re: Challenging A Denial In Court On Your Own?
Last year I asked a Sheriff's deputy and he told me if I located to another county and they did a background check on me, an additional background check I don't know, another Lawyer last week told me if "I am sure getting it an LTCF won't affect me in another county, no one seems to know that answer
Re: Challenging A Denial In Court On Your Own?
Quote:
Originally Posted by
Tiger00
Last year I asked a Sheriff's deputy and he told me if I located to another county and they did a background check on me, an additional background check I don't know, another Lawyer last week told me if "I am sure getting it an LTCF won't affect me in another county, no one seems to know that answer
From your prior and present threads, it sounds like the sheriff is denying on the reputation clause of the UFA. If you were to move to a new county, the new sheriff wouldn't have that bias and could only determine things on your actual background check since you had no prior established "issues" within his/her county. ....now, that is factoring in that the new and old sheriffs aren't buddies that call each other and discuss their work(you) - which is highly unlikely.
If you intend to stay where you are, a hired lawyer is the best route to go. Legal instruments need to be written correctly. ...the wording, format, and even spacing are highly critiqued. Magistrate instruments aren't as highly critiqued because those courts are intended for the common people for common events. But Commonwealth and Court of Appeals courts instruments need to be "perfect", and the higher the court, the higher the demand on such things.
Re: Challenging A Denial In Court On Your Own?
Quote:
Originally Posted by
knight0334
From your prior and present threads, it sounds like the sheriff is denying on the reputation clause of the UFA. If you were to move to a new county, the new sheriff wouldn't have that bias and could only determine things on your actual background check since you had no prior established "issues" within his/her county. ....now, that is factoring in that the new and old sheriffs aren't buddies that call each other and discuss their work(you) - which is highly unlikely.
If you intend to stay where you are, a hired lawyer is the best route to go. Legal instruments need to be written correctly. ...the wording, format, and even spacing are highly critiqued. Magistrate instruments aren't as highly critiqued because those courts are intended for the common people for common events. But Commonwealth and Court of Appeals courts instruments need to be "perfect", and the higher the court, the higher the demand on such things.
That's some good information, hopefully there is no bias because I've never had trouble of any kind in any other county but my current one, a problematic area, a safer quieter county is next where I'm headed. I hope your post is truly what will materialize in the new County where I move to,
Re: Challenging A Denial In Court On Your Own?
Local Politics? This stuff needs to start being taken as a major threat