Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Jan 2008
    Location
    Allentown, Pennsylvania
    (Lehigh County)
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    Default What would deny a LTC?

    I tried a few years ago to obtain a LTC in Lehigh county, but was denied. Someone said if I have UA time on my military records, that's an automatic "red flag". I have been out of the Marines since 1995, so, if I try again, should I have a copy of my DD214 showing I am not presently AWOL? My discharge was "general under other than honorable conditions" not Honorable, nor dishonorable...... I did some dumb stuff in my twenties, but nothing major (no felonies), will that come back to haunt me also?
    Last edited by Tommy2Times; January 19th, 2008 at 05:36 PM.

  2. #2
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    53
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    Default Re: What would deny a LTC?

    Can't speak specifically to your service record, but here are the provisions under the law:

    (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).

    *So in original. Probably "a" should be inserted.

    (xiii) An individual who is otherwise prohibited from possessing, using, manufacturing, controlling, purchasing, selling or transferring a firearm as provided by section 6105.
    Based on point (xi), you should be ok. The problem may lie with a Sheriff who imposes additional 'personal' requirements (such as your UA). A formal legal appeal should reverse such misuse of office, but will not be cheap.
    Get your "Guns Save Lives" stickers today! PM for more info.

  3. #3
    Join Date
    Oct 2006
    Location
    Cherry Tree, Pennsylvania
    (Indiana County)
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    Default Re: What would deny a LTC?

    Your question leaves too much unanswered to arrive at a specific answer.

    You do not need a copy of your DD Form 214.

    If your application for an LTCF was denied, the sheriff should have notified you in writing of the refusal and the specific reasons. The notice should have been by certified mail to the applicant at the address set forth in the application.

    What would deny you from getting an LTCF? Well, according to the UFA, the following reasons:
    (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.

    Additional restrictions? Anyone convicted of violation of the following Crimes Code offenses:
    Section 908 (relating to prohibited offensive weapons).
    Section 911 (relating to corrupt organizations).
    Section 912 (relating to possession of weapon on school property).
    Section 2502 (relating to murder).
    Section 2503 (relating to voluntary manslaughter).
    Section 2504 (relating to involuntary manslaughter) if the offense is based on the reckless use of a firearm.
    Section 2702 (relating to aggravated assault).
    Section 2703 (relating to assault by prisoner).
    Section 2704 (relating to assault by life prisoner).
    Section 2709 1 (relating to stalking).
    Section 2716 (relating to weapons of mass destruction).
    Section 2901 (relating to kidnapping).
    Section 2902 (relating to unlawful restraint).
    Section 2910 (relating to luring a child into a motor vehicle).
    Section 3121 (relating to rape).
    Section 3123 (relating to involuntary deviate sexual intercourse)
    Section 3125 (relating to aggravated indecent assault).
    Section 3301 (relating to arson and related offenses).
    Section 3302 (relating to causing or risking catastrophe).
    Section 3502 (relating to burglary).
    Section 3503 (relating to criminal trespass) if the offense is graded a felony of the second degree or higher.
    Section 3701 (relating to robbery).
    Section 3702 (relating to robbery of motor vehicle).
    Section 3921 (relating to theft by unlawful taking or disposition) upon conviction of the second felony offense.
    Section 3923 (relating to theft by extortion) when the offense is accompanied by threats of violence.
    Section 3925 (relating to receiving stolen property) upon conviction of the second felony offense.
    Section 4912 (relating to impersonating a public servant) if the person is impersonat­ing a law enforcement officer.
    Section 4952 (relating to intimidation of witnesses or victims).
    Section 4953 (relating to retaliation against witness or victim).
    Section 5121 (relating to escape).
    Section 5122 (relating to weapons or implements for escape).
    Section 5501(3) (relating to riot).
    Section 5515 (relating to prohibiting of paramilitary training).
    Section 5516 (relating to facsimile weapons of mass destruction).
    Section 6110 1 (relating to possession of firearm by minor).
    Section 6301 (relating to corruption of minors).
    Section 6302 (relating to sale or lease of weapons and explosives).

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