NERVOUS ABOUT AN APPEALS HEARING

[deansmi]

HEY GROUP I AM NEW. JUST WONDERING IF ANYONE CAN OFFER ANY ADVICE ABOUT MY APPEAL. I HAD MY WEAPON STOLEN FROM MY VEHICLE AND UPON REPORTING IT MY LICENSE TO CARRY WAS TAKEN BY THE PHILADELPHIA PD. I WAS TOLD I WOULD HAVE TO TAKE SOME CLASSES TO GET IT BACK BUT FROM WHAT I AM READING ECT. ITS LOOKING A BIT MORE DIFFICULT THAN THAT. CAN ANYONE OFFER ANY ADVICE IT WILL BE GREATLY APPRECIATED?

THANKS IN ADVANCE

[XD45]

HEY GROUP I AM NEW. JUST WONDERING IF ANYONE CAN OFFER ANY ADVICE ABOUT MY APPEAL. I HAD MY WEAPON STOLEN FROM MY VEHICLE AND UPON REPORTING IT MY LICENSE TO CARRY WAS TAKEN BY THE PHILADELPHIA PD. I WAS TOLD I WOULD HAVE TO TAKE SOME CLASSES TO GET IT BACK BUT FROM WHAT I AM READING ECT. ITS LOOKING A BIT MORE DIFFICULT THAN THAT. CAN ANYONE OFFER ANY ADVICE IT WILL BE GREATLY APPRECIATED?

THANKS IN ADVANCE

appeal it and you'll get it back, having your firearm stolen is not a lawful reason to revoke a LTCF. Someone will be around shortly and give the exact statutes i'm sure. I'd PM gnbrotz here on the forum and get talks going with him, i'd also recommend Pa Patriot but he is a tad busy with his own issues at the moment, although i'm sure he'd never shy away from helping.

[deansmi]

THANKS FOR THE INFO

[Pa. Patriot]

Below is the list of "reasons" an LTCF can be revoked per the law regarding licensing. Being the victim of a crime (theft) does NOT meet any of these conditions in the law.

§ 6109. Licenses.

(i) Revocation.--A license to carry firearms may be revoked
by the issuing authority for good cause. A license to carry
firearms shall be revoked by the issuing authority for any
reason stated in subsection (e)(1) which occurs during the term
of the permit. Notice of revocation shall be in writing and
shall state the specific reason for revocation. Notice shall be
sent by certified mail to the individual whose license is
revoked, and, at that time, notice shall also be provided to the
Pennsylvania State Police by electronic means, including e-mail
or facsimile transmission, that the license is no longer valid.
An individual whose license is revoked shall surrender the
license to the issuing authority within five days of receipt of
the notice. An individual whose license is revoked may appeal to
the court of common pleas for the judicial district in which the
individual resides. An individual who violates this section
commits a summary offense.
(i.1) Notice to sheriff.--Notwithstanding any statute to the
contrary:
(1) Upon conviction of a person for a crime specified in
section 6105(a) or (b) or upon conviction of a person for a
crime punishable by imprisonment exceeding one year or upon a
determination that the conduct of a person meets the criteria
specified in section 6105(c)(1), (2), (3), (5), (6) or (9),
the court shall determine if the defendant has a license to
carry firearms issued pursuant to this section. If the
defendant has such a license, the court shall notify the
sheriff of the county in which that person resides, on a form
developed by the Pennsylvania State Police, of the identity
of the person and the nature of the crime or conduct which
resulted in the notification. The notification shall be
transmitted by the judge within seven days of the conviction
or determination.
(2) Upon adjudication that a person is incompetent or
upon the involuntary commitment of a person to a mental
institution for inpatient care and treatment under the act of
July 9, 1976 (P.L.817, No.143), known as the Mental Health
Procedures Act, or upon involuntary treatment of a person as
described under section 6105(c)(4), the judge of the court of
common pleas, mental health review officer or county mental
health and mental retardation administrator shall notify the
sheriff of the county in which that person resides, on a form
developed by the Pennsylvania State Police, of the identity
of the person who has been adjudicated, committed or treated
and the nature of the adjudication, commitment or treatment.
The notification shall be transmitted by the judge, mental
health review officer or county mental health and mental
retardation administrator within seven days of the
adjudication, commitment or treatment.

(e) Issuance of license.--
(1) 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 and shall be issued if, after an
investigation not to exceed 45 days, it appears that the
applicant is an individual concerning whom no good cause
exists to deny the license. A license shall not be issued to
any of the following:
(i) An individual whose character and reputation is
such that the individual would be likely to act in a
manner dangerous to public safety.
(ii) An individual who has been convicted of an
offense under the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and
Cosmetic Act.
(iii) An individual convicted of a crime enumerated
in section 6105.
(iv) An individual who, within the past ten years,
has been adjudicated delinquent for a crime enumerated in
section 6105 or for an offense under The Controlled
Substance, Drug, Device and Cosmetic Act.
(v) An individual who is not of sound mind or who
has ever been committed to a mental institution.
(vi) An individual who is addicted to or is an
unlawful user of marijuana or a stimulant, depressant or
narcotic drug.
(vii) An individual who is a habitual drunkard.
(viii) An individual who is charged with or has been
convicted of a crime punishable by imprisonment for a
term exceeding one year except as provided for in section
6123 (relating to waiver of disability or pardons).
(ix) A resident of another state who does not
possess a current license or permit or similar document
to carry a firearm issued by that state if a license is
provided for by the laws of that state, as published
annually in the Federal Register by the Bureau of
Alcohol, Tobacco and Firearms of the Department of the
Treasury under 18 U.S.C. § 921(a)(19) (relating to
definitions).
(x) An alien who is illegally in the United States.
(xi) An individual who has been discharged from the
armed forces of the United States under dishonorable
conditions.
(xii) An individual who is a fugitive from justice.
This subparagraph does not apply to an individual whose
fugitive status is based upon nonmoving or moving summary
offense under Title 75 (relating to vehicles).
(xiii) An individual who is otherwise prohibited
from possessing, using, manufacturing, controlling,
purchasing, selling or transferring a firearm as provided
by section 6105.
(xiv) An individual who is prohibited from
possessing or acquiring a firearm under the statutes of
the United States.

[deansmi]

THANK YOU SO MUCH PA PATRIOT. DO YOU THINK I NEED COUNSEL ON MY SIDE AS WELL OR IS JUST TAKING THE RULES SUFFICE.

[Pa. Patriot]

An attorney is always "recommended".


Also, I just edited my post to include (e)(i)

I screwed up the original reply. (e)(i) is the "list" I referring to.

[deansmi]

So I just got off the phone with a lawyer and he says 2500-3000 for this...? I tell him thats there is nothing criminal involved and he tells me he that the appeals board appointed by Street/Nutter does what they want going against the law. This is BS. I love and I hate this city at the same time.

[gbrown221]

When Philadelphia revoked me I used Jon Mirowitz, Esq. of Philadelphia, PA. I am now suing the City for the Improper initial revocation. Jon is not cheap but a bull dog attorney who loves making the Phila Gun Permit Office look stupid. I would use an attorney because the appeals board is stocked with cronies appointed by Mayor Street. Or you may see what happens at the appeals board. If you do not like the results of the appeals board in Phila you have the right to appeal to the Court of Common Pleas. It's not right that your permit was improperly seized. Welcome to the Peoples Republic of Philadelphia.

As I have posted before multiple times on this forum he is by far the most prominent firearms attorney in the Commonwealth of PA. He is a firearms law eduator for the PA Bar Association.

I noticed he was contacted and quoted in some of the news print articles in PA Patro

Good Luck with the appeal.

You could allways get a Florida Non Resident permit. You would still be legal in PA.

[mythaeus]

I can't offer any advice on the matter, but very curious about the outcome. State laws, as quoted by Pa.Patriot clearly shows that your permit CANNOT be revoked; however, when you picked up your license from the Philly permit office, you had to read and sign a supplemental piece of paper (you probably didn't read it and neither did I until I got home after several days) which specifically states that you WILL lose your LTCF if you left your gun in the car and it's stolen from your car. I would think a good lawyer would know about this and have a good argument against the legality of that piece of paper, even with your signature on it.

You may want to PM GunLawyer001 for some advice. I wish you the best of luck on your case.

Al

[deansmi]

WELL I DID NOT USE HIM BECAUSE I DID NOT HAVE THE 3K. I USED ANOTHER LAWYER WHO WAS ONLY 750.00 HE SEEMED TO KNOW THE KEY PLAYERS AS WE WALKED IN ECT. BUT WHEN MY CASE CAME UP THEY JUST KEPT SAYING I WAS NEGLIGENT FOR LEAVING THE WEAPON IN MY VEHICLE. AND THEY VOTED AND I GOT ONE VOTE AND 5 AGAINST.. NOW NO WEAPON FOR 2 YEARS ATLEAST.