Undisclosed reason denial LTCF, question

[furlonium]

Well after anxiously waiting the better part of a month, I went to the post office today to pick up my certified letter to find out I was denied my LTCF.

"This letter is to inform you that the PSP has denied your application as a result of their check of the PICS, for an undisclosed reason."

December of 2003 I was arrested for retail theft. Plead guilty, no ARD (my own screw up). Did 30 hours community service and paid restitution. No jail time. I had no previous record. No arrests since then, no violence, no drugs.

On the back of the challenge form, at the bottom, it states a few common reasons people are denied. Number 1 is what might be the reason.

"1. Federal law prohibits a person who is under indictment for, or has been convicted of a crime that would be punishable by a term of imprisonment exceeding one year, or state misdemeanors punishable by a term of imprisonment exceeding two years (under current PA law, any offense graded as an M-1 or higher would be prohibiting). The key issue here is the maximum penalty you could have received for the crime, not the actual penalty that you did received." (Grammar!)

I tried my best to interpret anything that would have prohibited me from receiving my LTCF. I was confident enough that I'd get it.

I may just end up finding out that the misdemeanor I was given was an M-1 or M-2, with a possible sentence that would disqualify me. I remember seeing a link on this forum about where you can look up previous charges. Can anyone provide the link?

Also like to say that I tried reading through some previous posts made by other members regarding denial of their applications, this one in particular: http://forum.pafoa.org/general-2/257...or-denial.html

Stupid, stupid me. A mistake I made 7 years ago is going to prevent me from obtaining my LTCF in PA for another 42 years.

Would I be able to apply for an out of state permit that has reciprocity? Or would the fact that I was denied here in PA mean that I'm SOL?

Thanks all for any advice and help to my ranting and mumbling. I know I'm not a regular poster but I am a very regular reader

[gnbrotz]

Would I be able to apply for an out of state permit that has reciprocity? Or would the fact that I was denied here in PA mean that I'm SOL?

If you were convicted of an M1 (or higher), the prohibition is a federal one. In that case you are prohibited from even touching a firearm or single round of ammunition again, unless you can obtain a pardon/expungement.

It's unlikely that you would qualify for any other state's license, but even if you managed to obtain one, it would not override the federally imposed prohibition.

Sorry for the bad news.

[bcpistolshooter]

The only thing I can help you out with is giving you a link to find out about your charges.

http://ujsportal.pacourts.us/DocketSheets/MDJ.aspx

Just do a search by name and fill in at least one other option.


Hope that helps.

[God's Country]

You’re going to need to research specifically what charges you plead too.
I have a feeling you’re toast…..sorry.

[tl_3237]

For items $150+, currently in Pa, retail theft is an M-1 and prohibiting. As has been said, look up your record and find the exact charge and grading.

18 Pa.C.S.A. § 3929 Retail theft
(b) Grading.--

(1) Retail theft constitutes a:

(i) Summary offense when the offense is a first offense and the value of the merchandise is less than $150.

(ii) Misdemeanor of the second degree when the offense is a second offense and the value of the merchandise is less than $150.

(iii) Misdemeanor of the first degree when the offense is a first or second offense and the value of the merchandise is $150 or more.

[furlonium]

I have that feeling, too. It's one thing that I won't ever be able to obtain a LTCF, but it's another that I'm federally prohibited from ever owning a firearm.

Man. Man oh man. Really the worst part about RT is trying to find a job afterwards. I made the mistake, I took responsibility. Didn't get a good stable job until 3 1/2 years ago, and I'm still employed there. About to buy a house, looking at getting married soon....blah blah...

I committed retail theft and can now never own a firearm. Damn. I feel more stupid NOW for what I did 7 years ago than I ever did before. I almost can't wrap my head around it.

Should I file the challenge in hopes that I can at least get a more detailed explanation of specifically why I was denied?

Jeez. I need a beer.

Edit: tl_3237, I did, total fines paid around $1200 including restitution. It's M-1. Guilty plea. I realize I'm boned. I'm just flabbergasted. At least I'm not federally prohibited from educating people about their 2nd amendment rights or handing out fliers

[kcr121]

I committed retail theft and can now never own a firearm. Damn. I feel more stupid NOW for what I did 7 years ago than I ever did before. I almost can't wrap my head around it.

Should I file the challenge in hopes that I can at least get a more detailed explanation of specifically why I was denied?

Jeez. I need a beer.

Edit: tl_3237, I did, total fines paid around $1200 including restitution. It's M-1. Guilty plea. I realize I'm boned. I'm just flabbergasted. At least I'm not federally prohibited from educating people about their 2nd amendment rights -or handing out fliers

You're not totally boned just yet. You can file a petition for a restoration of your firearms rights, although you will need an attorney well-versed in such petitions and it will not be fast, easy, cheap, or guaranteed.

Per 18 PA C.S. §6109 (g), the sheriff is required by law to notify you of the specific reason for denial, and the notification must be via certified mail.

18 PA C.S. §6109 Licenses.

...

(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.

[gnbrotz]

Per 18 PA C.S. §6109 (g), the sheriff is required by law to notify you of the specific reason for denial, and the notification must be via certified mail.

IMO, the Sheriff did his part. As far as he was concerned, the PICS denial was the specific reason. He cannot provide information that he does not have. It appears the OP has realized the issue that is likely causing the denial, though he does have the option to challenge it if he wishes.

IMO, if he has confirmed he has a prohibiting conviction, I don't see the point of the challenge. Even if he were to find out he were arbitrarily denied because the person handling the request recognized his name as some one they didn't like in high school, that wouldn't change the fact that he is otherwise lawfully prohibited.

[furlonium]

You're not totally boned just yet. You can file a petition for a restoration of your firearms rights, although you will need an attorney well-versed in such petitions and it will not be fast, easy, cheap, or guaranteed.

So the opposite of how I like my women? Any recommendations or is this where I should put on my big-boy pants and do the legwork myself?

[kcr121]

IMO, the Sheriff did his part. As far as he was concerned, the PICS denial was the specific reason. He cannot provide information that he does not have. It appears the OP has realized the issue that is likely causing the denial, though he does have the option to challenge it if he wishes.

IMO, if he has confirmed he has a prohibiting conviction, I don't see the point of the challenge. Even if he were to find out he were arbitrarily denied because the person handling the request recognized his name as some one they didn't like in high school, that wouldn't change the fact that he is otherwise lawfully prohibited.

Good point; I agree.