LTCF application "withdrawn" as not US Citizen

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Originally Posted by GunLawyer001

Resident aliens can own guns, but non-immigrant aliens can't; per ATF:

Who is a nonimmigrant alien?

A nonimmigrant alien is an alien in the United States in a nonimmigrant classification as defined by section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). Generally, "nonimmigrant aliens" are tourists, students, business travelers and temporary workers who enter the U.S. for fixed periods of time; they are lawfully admitted aliens who are not lawful permanent residents.

[27 CFR 478.11]


It's not up to local sheriffs to change the rules, which I assume is why it's been "withdrawn" instead of "denied", and why you got an email instead of a certified letter as state law requires.

This would not stand up in court, and I suspect the sheriff knows it. A Bucks resident has to go to the Bucks sheriff, and the Bucks sheriff has to apply the state-wide rules, not some "local policies". I blame the influence of Philadelphia, a creeping lawlessness where those in govt believe they can do as they please, especially with regard to guns. I hate to see that start in Bucks, too.

Unilateral withdrawal of the application by the sheriff is a constructive denial, and allows an appeal to Common Pleas court within 30 days. You could also argue that your 30 day clock hasn't begun since it's not a formal denial and you didn't receive the certified letter which would signal that.

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Thanks for this. I'm not sure the wife is going to want to go down that road. She is stereotypically British and afraid of any kind of government authority. She will probably just opt to wait until either the decision is reversed or we become citizens in 2024. :rolleyes: Who knows she might surprise me!

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Originally Posted by Karlos

Thanks for this. I'm not sure the wife is going to want to go down that road. She is stereotypically British and afraid of any kind of government authority. She will probably just opt to wait until either the decision is reversed or we become citizens in 2024. :rolleyes: Who knows she might surprise me!

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The decision won't be reversed unless someone takes it to court. If you have the means, please do.

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Originally Posted by Karlos

Thanks for this. I'm not sure the wife is going to want to go down that road. She is stereotypically British and afraid of any kind of government authority. She will probably just opt to wait until either the decision is reversed or we become citizens in 2024. :rolleyes: Who knows she might surprise me!

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First off, let me welcome you the US, and PA especially! I'm incredibly sad that you emigrated from a country with arbitrary ideas of freedom to a free state, in a free country, only to have deal with the same capricious, subjuctive mindset of the country that you left.

Now, as for the BucksCo Sheriff, I think that it is highly fitting, incredibly symbolic, and possibly even ordained by Providence that your first major act as new citizens of a free nation is to reject the petty tyrrany of the local Sheriff. Or, if she really can't see herself as Abigail Adams, perhaps she can see herself as Robin of Locksley and Bucks County as Nottingham.

Tell her to get a stiff upper lip and give the Sheriff a backwards "V" for victory. ;)

A little rebellion will feel good!

Hello Karlos,

I am sorry to hear this happened to you. We are in the same boat, allow me to share my experience as there are some similarities with yours.

This Monday 3/18/24 I received an email and a text message stating "You are now prohibited from carrying a firearm, your License to Carry a Firearm has been revoked for the following reason: Good Cause. Character and Reputation. Per Pic supervisor Barry Palakovic revoked due to not being in the USA legally."

To this date, I have not received any communications via mail, like you.

I am a medical professional, I've been here for 10 years, and never had any immigration gaps or fallen out of status. At the moment I have an H1B visa, TPS (temporary protected status), AND started green card sponsorship through my wife who is also a medical professional. Yet, Philadelphia PD had the nerve of calling me "illegal" and revoking my LTCF on a blatantly false pretense. There are no DUIs, speed tickets or anything in my record, so I do not know either what basis they have to question my "Character and Reputation"

I sought legal advice and hired Michael Fienman to start the appeal process.

Best of luck!