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July 14th, 2009, 08:44 AM #1Senior Member
- Join Date
- May 2007
- Location
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Polk,
Pennsylvania
(Venango County) - Age
- 42
- Posts
- 256
- Rep Power
- 490
Sheriff requiring interview for LTCF
My girlfriend applied for a LTCF yesterday in Venango county. This county is usually very good with issuing LTCF's, usually they are issued on the spot. We just received a phone call back that the Sheriff needs to interview her. The only times he does these interviews is Tuesday and Thursday from 10am to 3pm. She always works during this time. What authority does this Sheriff have to even ask for an interview?
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July 14th, 2009, 08:52 AM #2
Re: Sheriff requiring interview for LTCF
Statute requires the Sheriff to "conduct an investigation" (§6109 (d)). Most consider the PICS check to be adequate to fulfill this requirement, but there is nothing that bars a Sheriff from using an interview as part of that investigation.
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July 14th, 2009, 09:19 AM #3
Re: Sheriff requiring interview for LTCF
My guess is that he pulled a copy of her liscence, saw her picture and figures this is a good way to try and get a date.
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July 14th, 2009, 09:23 AM #4
Re: Sheriff requiring interview for LTCF
Isn't Venango County in the process of electing a new sheriff? Who is the opposition in the fall? Where does he/she stand on the issue?
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July 14th, 2009, 09:27 AM #5Senior Member
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- Dec 2007
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Western PA,
Pennsylvania
(Indiana County) - Posts
- 485
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Re: Sheriff requiring interview for LTCF
I see it as an aggressive expansion of the 6109 provisions.
Unless people show up drunk to the interview or the sheriff is able to make clinical diagnoses of complex mental illnesses or Axis II personality disorders during a short interview, I don't understand how the sheriff can discern a prohibiting criterion from a short personal interview.
And if he can't do that, why is he doing it?
All of the investigatory outcomes of 6109 (d) are background-record related, except for the "character" bit and as stated, I doubt that the sheriff can assess someone's character in a single interview. It allows the sheriff to play amateur psychologist and goes beyond the investigatory steps outlined in 6109.
By stretching the same logic, the sheriff could require a proficiency/training demonstration or an oral exam on use-of-force laws to ensure that "the applicant will not be likely to act in a manner dangerous to public safety;" in the name of conducting his "investigation." Hell, he can try to administer "house-tree-person" projective personality tests and make his decisions on that, but if he goes beyond the prohibiting criteria in 6109, he's wrong.
And if he is prohibiting people based only on his personal assessment of the interview when all other references and background checks are clean, it would seem to violate the "shall issue" status of PA LTCF issuance.
IANAL (obviously).
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July 14th, 2009, 09:28 AM #6
Re: Sheriff requiring interview for LTCF
If there's any way to find out if he interviews ALL applicants, it would be interesting to see if he interviews across the board, or only younger females.
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July 14th, 2009, 09:32 AM #7
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July 14th, 2009, 09:37 AM #8Senior Member
- Join Date
- May 2007
- Location
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Polk,
Pennsylvania
(Venango County) - Age
- 42
- Posts
- 256
- Rep Power
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Re: Sheriff requiring interview for LTCF
Gene Price is the current Sheriff
Eric Foy won the republican primary over Gene Price, but I believe Price had enough write in votes to get the democratic nomination.
I had an interview set up with Eric Foy to discuss LTCF issues prior to the primary. He did not show up to the interview, therefore I am not so sure about him.
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July 14th, 2009, 09:48 AM #9Senior Member
- Join Date
- May 2007
- Location
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Polk,
Pennsylvania
(Venango County) - Age
- 42
- Posts
- 256
- Rep Power
- 490
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July 14th, 2009, 10:08 AM #10
Re: Sheriff requiring interview for LTCF
From Venago County site :
License to Carry Firearms
(Concealment Permit)
If you are interested in applying for a concealment permit, please read the following guidelines and procedure:
1.
You must be 21 years of age or older.
2.
You must fill out the application in its entirety with current and accurate information.
3.
On the application, you must provide (2) character references (NOT FAMILY MEMBERS). List their names, addresses and telephone numbers.
4.
The Sheriff’s Office requires a typed or hand-written letter from you stating the basic reason(s) for applying for a concealment permit on standard 8 ½ X 11 paper.
5.
The Sheriff’s Office recommends that your picture be displayed on the permit, however, this is optional. You may provide your own picture (two current head-shots 1" x 1" in size or the Sheriff’s Office may take your picture for an extra fee of $3.00.
6.
After filling out the application, please read statement #41 and sign and date the front of the application when you bring it in.
7.
Return to our office with a check, money order or cash for $25.00 ($28.00 if the Sheriff's Office will be taking your picture) and your driver's license/photo ID.
IF ANY OF THE ABOVE REQUIREMENTS ARE NOT COMPLETED, THE APPLICATION WILL BE RETURNED TO YOU.
NOTE: Processing of this application may take up to 45 days and may require an interview with a Deputy Sheriff, which will also include a basic background investigation. If you have any questions, feel free to contact the Venango County Sheriff’s Office at 814-432-9562.
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