Denied once before for a LTCF

**miguel.noche** · December 8th, 2011, 11:02 PM

Hello Everyone,

I am new here and had a few questions that maybe you can help me with. I tried registering for a license to carry and was denied. Unfortunately I did not follow up to see what the reasoning was. This was about a year ago, and I want to re-apply for a permit. Here are my questions:

1. How often can I re-apply for a permit, and if I can not re-apply can I still find out why I was denied even though it has been about a year or a little over?

2. There are two reasons that I am thinking could have caused my denial. The first one was very simple, I had an active warrant in the state of Texas, which was stopping me from renewing my license in PA. Would this have affected me? It has now been paid off and I have renewed my license.

3. In 2001 I was arrested for possession and convicted in 2002 with a Misdemeanor A in Texas which came with 2 years probation and 150 hours of community service. I fulfilled this and my record status shows Disposed/CSCD. Will this stop me from attaining a firearm permit?

Any help would be much appreciated, thanks.

**PaBimmerGuy** · December 8th, 2011, 11:49 PM

Originally Posted by miguel.noche

3. In 2001 I was arrested for possession and convicted in 2002 with a Misdemeanor A in Texas which came with 2 years probation and 150 hours of community service. I fulfilled this and my record status shows Disposed/CSCD. Will this stop me from attaining a firearm permit?

im pretty sure that any drug conviction will keep you from getting a license to carry firearms in our commonwealth.

actions have consequences.

**knight0334** · December 9th, 2011, 12:02 AM

Originally Posted by PaBimmerGuy

im pretty sure that any drug conviction will keep you from getting a license to carry firearms in our commonwealth.

actions have consequences.

Yep.. That pretty much sums things up..

Any drug conviction will prohibit you from getting a LTCF in PA.

**MartinBrody** · December 9th, 2011, 12:13 AM

My understanding is that bimmer and knight are correct. I believe one of the bolded sections may apply to you, but IANAL.

http://reference.pafoa.org/statutes/...6109/licenses/

(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. [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.

From 6105...
http://reference.pafoa.org/statutes/...sfer-firearms/

* (2) A person 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, or any equivalent Federal statute or equivalent statute of any other state, that may be punishable by a term of imprisonment exceeding two years.

**str8shooter** · December 9th, 2011, 12:54 AM

The responses above seem to have answered your primary question, but you should have received a letter specifically stating why you were denied. The sheriff's dept. in the county where you applied may or may not still have a record of your application and denial, but that's where you should look to find out the reason.

**gold cup abuser** · December 9th, 2011, 12:57 AM

Originally Posted by miguel.noche

Hello Everyone,

I am new here and had a few questions that maybe you can help me with. I tried registering for a license to carry and was denied. Unfortunately I did not follow up to see what the reasoning was. This was about a year ago, and I want to re-apply for a permit. Here are my questions:

1. How often can I re-apply for a permit, and if I can not re-apply can I still find out why I was denied even though it has been about a year or a little over?

2. There are two reasons that I am thinking could have caused my denial. The first one was very simple, I had an active warrant in the state of Texas, which was stopping me from renewing my license in PA. Would this have affected me? It has now been paid off and I have renewed my license.

3. In 2001 I was arrested for possession and convicted in 2002 with a Misdemeanor A in Texas which came with 2 years probation and 150 hours of community service. I fulfilled this and my record status shows Disposed/CSCD. Will this stop me from attaining a firearm permit?

Any help would be much appreciated, thanks.

The warrant in question was for traffic violations and has been cleared then that would not be an issue on the denial.

On the 2001 arrest, if the status Disposed/CSCD means the arrest was to be expunged from your record and you have proof of that expungement then that should not be a disqualifier. On the other hand if disposed/CSCD means the case has just been closed and the conviction stands then that is the disqualifier.

In that case you will need to apply to the Texas Board of Pardons and if a pardon is granted, have that arrest expunged from your history. At that time you may then apply and should recieve your PA LTCF.

Good luck either way this goes.

**miguel.noche** · December 9th, 2011, 09:22 AM

Thanks everyone, that is what I was concerned about. As for the cause from the sheriff's department I never took that additional step to actually receive the letter on why I was denied. I was thinking about trying to have it expunged anyways, since it was a stupid mistake that I made when I was younger, and I do not want it to haunt me for the rest of my life.

One more question though, do voting rights and a firearms permit go hand in hand? Since I am able to vote, I guess my assumption is that when your rights are revoked to carry firearms, does your right to vote get taken away as well?

**str8shooter** · December 9th, 2011, 12:01 PM

Originally Posted by miguel.noche

Thanks everyone, that is what I was concerned about. As for the cause from the sheriff's department I never took that additional step to actually receive the letter on why I was denied. I was thinking about trying to have it expunged anyways, since it was a stupid mistake that I made when I was younger, and I do not want it to haunt me for the rest of my life.

One more question though, do voting rights and a firearms permit go hand in hand? Since I am able to vote, I guess my assumption is that when your rights are revoked to carry firearms, does your right to vote get taken away as well?

Not necessarily. There are some prohibiting offenses that overlap, but for the most part the right to vote and eligibility for a LTCF do not coincide.