Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Jan 2007
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    Enola, Pennsylvania
    (Dauphin County)
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    Default Can any type of summary offense deny you?

    A co-worker of mine is interested in shooting/purchasing firearms. I have a concern about actually taking her shooting, and then I got to think if she actually went to purchase a firearm/LTCF.

    She stated she was arrested(in PA) for criminal trespass, Felony 3 for rather stupid reasons in my opinion. It was brought down to a summary offense simple trespass, which resulted in a fine.

    Should I have any worries? Would she be denied at all, or even delayed?

    I'm slowly turning some people into our sport, and wouldn't want this to scare her or anyone else off...it already kind of is.

  2. #2
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    Bucks, Pennsylvania
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    Default Re: Can any type of summary offense deny you?

    Quote Originally Posted by Whiterook View Post
    A co-worker of mine is interested in shooting/purchasing firearms. I have a concern about actually taking her shooting, and then I got to think if she actually went to purchase a firearm/LTCF.

    She stated she was arrested(in PA) for criminal trespass, Felony 3 for rather stupid reasons in my opinion. It was brought down to a summary offense simple trespass, which resulted in a fine.

    Should I have any worries? Would she be denied at all, or even delayed?

    I'm slowly turning some people into our sport, and wouldn't want this to scare her or anyone else off...it already kind of is.
    For purchase, probably not. For an LTCF, maybe.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  3. #3
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    Enola, Pennsylvania
    (Dauphin County)
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    Default Re: Can any type of summary offense deny you?

    Hmm alright, so I shouldn't have any problems allowing her to shoot? And she should be OK to purchase?

    I guess the LTCF is a maybe because the sheriff could hold that against her?

  4. #4
    Join Date
    Jan 2012
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    Conshohocken PA
    (Montgomery County)
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    Default Re: Can any type of summary offense deny you?

    Quote Originally Posted by GunLawyer001 View Post
    For purchase, probably not. For an LTCF, maybe.
    I thought that if you're ok thru Pics to buy a firearms, then your good for LTCF. No?

    (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. [FN1]
    (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.

  5. #5
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
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    Default Re: Can any type of summary offense deny you?

    The sheriff could always use the "character clause", I believe that's what GL was referring to.
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  6. #6
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    Jan 2012
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    Conshohocken PA
    (Montgomery County)
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    Default Re: Can any type of summary offense deny you?

    wow. all the rest are objective, but i didn't realize that the character clause left open a subjective requirement.

    I just applied for LTCF yesterday, and I have 8 summaries. The latest is from 2001.

    guess we'll find out.

  7. #7
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    Bucks, Pennsylvania
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    Default Re: Can any type of summary offense deny you?

    Quote Originally Posted by Thomas Paine View Post
    I thought that if you're ok thru Pics to buy a firearms, then your good for LTCF. No?

    (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. [FN1]
    (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.
    The sections in red explicitly incorporate all of the prohibitors for purchase. Notice that there are a bunch more prohibitors for licenses.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  8. #8
    Join Date
    Feb 2011
    Location
    South Pymatuning, Pennsylvania
    (Mercer County)
    Age
    34
    Posts
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    Default Re: Can any type of summary offense deny you?

    I personally got a public drunkeness during my senior year of college... It was just a bad night that got even worse when the local police decided that I was too intoxicated to be outside. I had already received my LTCF and I never received a notice of any form of suspension of my LTCF. Additionally, I had to have my LTCF transferred to a different county when I relocated and encountered no problems. I think if I had been cc the night of my arrest, I probably would have been in trouble... But that said, just don't be dumb, don't carry a firearm to a bar or even tailgateing. Bar fights happen, you don't need your gun to kick a drunkard's ass.
    "You can all go to hell, I'm going to Texas"

  9. #9
    Join Date
    Mar 2010
    Location
    State College, Pennsylvania
    (Centre County)
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    Default Re: Can any type of summary offense deny you?

    Quote Originally Posted by sureshot16 View Post
    But that said, just don't be dumb, don't carry a firearm to a bar or even tailgateing.
    Alternate solution: don't get drunk.
    "Cave Johnson. We're done here."

  10. #10
    Join Date
    May 2007
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    Mercer County, Pennsylvania
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    Default Re: Can any type of summary offense deny you?

    Quote Originally Posted by sureshot16 View Post
    But that said, just don't be dumb, don't carry a firearm to a bar or even tailgateing. Bar fights happen, you don't need your gun to kick a drunkard's ass.
    I live within a few miles of you and have been in dozens of restaurants and bars nearby. Of course, I don't act like an idjit in public. I'd wager that follows more with your first advice, which was good, "But that said, just don't be dumb". Being intoxicated in public, especially will carrying, is a recipe for disaster.

    I lived in Ohio for a decade or so, trust me, you want to be able to carry into bars even if not drinking. You now can carry into a a bar in Ohio if you aren't drinking ANY alcohol, not the .08 limit like in PA. Back when I lived there you couldn't. Places like TGIFridays, Red Lobster, and neighborhood bar and grill were felony off limits to concealed carriers. It made family dining options rather difficult at times.

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