53 days and couting

[RUGER_BABY21]

ok guys heres the deal. It's been 53 days since i turned in my application for my LTCF. So i goes down to 10th n spring garden today to see what the hold up was.The lady took my drivers license and went to go check the status..She comes 5 mins later and tells me i should be expectin my letter within the upcoming weeks. My whole things is well damn you just told me it takes up to 8 weeks and its still not ready...the way i understand it it after 45 days it should be automatically approved. if I turned it in on oct. 9 and todays date is dec. 1..thats day 53 right? WTF

[fingers80002]

ok guys heres the deal. It's been 53 days since i turned in my application for my LTCF. So i goes down to 10th n spring garden today to see what the hold up was.The lady took my drivers license and went to go check the status..She comes 5 mins later and tells me i should be expectin my letter within the upcoming weeks. My whole things is well damn you just told me it takes up to 8 weeks and its still not ready...the way i understand it it after 45 days it should be automatically approved. if I turned it in on oct. 9 and todays date is dec. 1..thats day 53 right? WTF

Your in Philthy, nuff said.....

[unloved]

after 45 days it should be automatically approved.

No. By law, they have 45 days to issue or deny. Philly doesn't pay any attention to the law though.

[NShortino]

I'm not exactly sure if this would be the case, but perhaps they are only counting business days, of which you would then be only on 37 or so... and thats not counting holidays.
I know that's not how it's supposed to work, but I hear they do all sorts of things to drag it out down in Philly.

[unloved]

I'm not exactly sure if this would be the case, but perhaps they are only counting business days, of which you would then be only on 37 or so... and thats not counting holidays.
I know that's not how it's supposed to work, but I hear they do all sorts of things to drag it out down in Philly.

I don't think they even care enough to count at all. They just take as long as they like because they know no one will do anything about it.

[HiredGoon]

I don't think they even care enough to count at all. They just take as long as they like because they know no one will do anything about it.

That seems to be THE answer.

[photoshooter]

I've lived in Philly all my life. I find that I can keep my blood pressure at normal levels by lowering my expectations in places like... the post office. The people over on Spring Garden street kind of remind me of the post office; no one rushing around and no real danger of getting fired. I turned in my paperwork on Oct 6 and I didn't expect to hear anything before Thanksgiving so at this point they haven't let me down. Maybe for Christmas...

[MDJschool]

An issuing authority must grant a license within 45 [calendar] days, from receipt of application, unless there is good cause to deny.

If the issuing authority has failed to issue or follow the law to deny, it is possibly a criminal violation. File charges via private criminal complaint.

§ 6119. Violation penalty.
Except as otherwise specifically provided, an offense under
this subchapter constitutes a misdemeanor of the first degree.

6109(g) creates a duty.

(g) Grant or denial of license.--Upon the receipt of an
application for a license to carry a firearm, the sheriff shall,
within 45 days, issue or refuse to issue a license on the basis
of the investigation under subsection (d) and the accuracy of
the information contained in the application. If the sheriff
refuses to issue a license, the sheriff shall notify the
applicant in writing of the refusal and the specific reasons.
The notice shall be sent by certified mail to the applicant at
the address set forth in the application.

Perhaps it isn't an M2 but an S, due to 6109(i), which states "An individual who violates this section
commits a summary offense." (i) is a subsection, 6109 is a section.

If you can't agree that it is a criminal UFA violation, the failure of a county official to do a duty is prosecutable.

Title 16 P.S. Counties (Refs & Annos)
Chapter 1. The County Code (Refs & Annos)
View the full text of all sections at this level Article IV. County Officers (Refs & Annos)
View the full text of all sections at this level (a) General Provisions (Refs & Annos)
KeyCited Citation§ 411. Penalty for neglect or refusal to perform duties


If any county officer neglects or refuses to perform any duty imposed on him by the provisions of this act, or by the provisions of any other act of Assembly, or by any rule of court, or other provision of law, he shall, for each such neglect or refusal, be guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars ($500).

If the sheriff hasot n been abolished in Philadelphia city-county, then use this instead:

Title 65 P.S. Public Officers (Refs & Annos)
View the full text of all sections at this level Chapter 5. Forfeiture of Office, Retirement, Vacancies in Office and Leaves of Absence (Refs & Annos)
View the full text of all sections at this level Notice of Appointment to Fill Vacancy
KeyCited Citation§ 117. Failure to perform duty; penalty

Any person wilfully failing to perform the duty imposed upon him by this act shall be liable to a penalty of twenty-five dollars, for the use of the county, to be collectible in the same manner as like penalties are collected.

Although it's possible that by the use of 'liable' and 'penalty' that is something sued for.

Alternately, there is nonfeasance/misfeasance/malfeasance, but I am not sure whether those are crimes or liabilities, and how suits are brought.

Whatever the case, there is absolutely some thing that you can do for justice probably even if the license is granted and received but after 45 days. Of course, my research on this matter is ever continuing.

[Dave in PA]

And there's your answer.....

[photoshooter]

Got my letter today.
Keep the faith Ruger_baby21, you'll probably get yours as well since it seems like we applied the same week.