Hmmmm.... OK.
No explanation as to "why" is required. Issuing to non-res is provided for right in the statutes.
Same process as resident, except that proof of license in home state (if that state does issue) is required.
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Hmmmm.... OK.
No explanation as to "why" is required. Issuing to non-res is provided for right in the statutes.
Same process as resident, except that proof of license in home state (if that state does issue) is required.
My response to the request for a letter of justification would have been as follows:
Dear Sheriff:
As a courtesy, and despite the fact that your demand to do so is in violation of Pennsylvania preemption statute, I am writing in response to your stated, but unenforceable requirement for a written statement of justification to acquire a Pennsylvania non-resident license to carry a firearm.
Per the Pennsylvania Uniform Firearms Act - Title 18 - Chapter 61, as a citizen of the United States and a holder of a valid permit to carry a concealed firearm in my state of residency, I am entitled to issuance of a Pennsylvania non-resident License To Carry a Firearm (LTCF) by any and ALL Pennsylvania County Sheriffs.
Enclosed is my payment of the Pennsylvania mandated fee, a completed and signed Pennsylvania State Police form SP4-127 and a copy of the valid LTCF issued to me by my state of residency. Provided I have no enumerated offenses or other disqualifying factors as evidenced by a PICS background check, you are required to issue me a Pennsylvania non-resident LTCF within forty-five (45) days of receipt of the hereinabove stated enclosures and fee payment.
I look forward to your timely issuance and my receipt of a Pennsylvania non-resident License To Carry a Firearm (LTCF).
Regards,
XXXXXXXXXX
Yeah. Thats gonna work.
I'm sure it would
A PA Sheriff has no legal alternative and is now liable for plaintiff attorney fees and court costs associated with preemption violation litigation. Not to mention a potential 1st class misdemeanor charge and conviction.
Time to grow some and hold our elected civil servants to their oaths of office. Or I suppose we can just go along to get along, while continuing to whine and lament the deterioration of our rights. It's an individual choice. What's yours?
Technically, you're wrong, in Philadelphia County the license is issued by the Philadelphia Police Commissioner (Chief).
The PPD FU is merely a functionary of the Chief, and a SO firearm unit is a functionary of the Sheriff.
But I kind of think we're just splitting hairs here.
§ 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.
5 days later and it showed up in the mail with a little note saying "we apologize for any inconvenience". Can't complain about that service.
Just called today - individual who answered the phone said I was required to submit the letter as well. I informed him that wasn't part of PA state law - and he said it was part of the sheriff's discretion and if I didn't want to submit the letter I could go to another county. He then hung up.
Suggestions?