License to carry denied

[badgt350h@yahoo.com]

I was curious about something; today while I was gone to work my father received a phone call from the sheriff's office. The lady told him that my application was denied and they would be sending a form to appeal it. Here is my question, the only thing on my record is a conviction in the mid 90's for violating a restraining order. I was arrested for stalking but that was thrown out. so my record has ONLY that and some traffic tickets. Any suggestions or info will help. Also any attorneys that will help me fight this.

[mollymayhem82]

These are listed on the LTCF application as being no-nos.

Section 6105(b)
§908 Prohibited offensive weapons
§911 Corrupt organizations
§912 Possession of weapon on school property
§2502 Murder
§2503 Voluntary manslaughter
§2504 Involuntary manslaughter, if the offense is based on the
reckless use of a firearm
§2702 Aggravated assault
§2703 Assault by prisoner
§2704 Assault by life prisoner
§2709.1 Stalking
§2716 Weapons of mass destruction
§2901 Kidnapping
§2902 Unlawful restraint
§2910 Luring a child into a motor vehicle or structure
§3121 Rape
§3123 Involuntary deviate sexual intercourse
§3125 Aggravated indecent assault
§3301 Arson and related offenses
§3302 Causing or risking catastrophe
§3502 Burglary
§3503 Criminal trespass, if the offense is graded a felony of the
second degree or higher
§3701 Robbery
§3702 Robbery of motor vehicle
§3921 Theft by unlawful taking or disposition, upon conviction of the
second felony offense
§3923 Theft by extortion, when the offense is accompanied by threats
of violence
§3925 Receiving stolen property, upon conviction of the second felony
offense
§4906 False reports to law enforcement authorities, if the fictitious
report involved the theft of a firearm as provided in 4906(c)(2)
§4912 Impersonating a public servant if the person is impersonating a
law enforcement officer
§4952 Intimidation of witnesses or victims
§4953 Retaliation against witness, victim or party
§5121 Escape
§5122 Weapons or implements for escape
§5501(3) Riot
§5515 Prohibiting of paramilitary training
§5516 Facsimile weapons of mass destruction
§6110.1 Possession of firearm by minor
§6301 Corruption of minors
§6302 Sale or lease of weapons and explosives
Any offense equivalent to any of the above-enumerated offenses under
the prior laws of this Commonwealth or any offense equivalent to any of
the above-enumerated offenses under the statutes of any other state or
of the United States.
Section 6105(c):
Effective November 22, 1995, 18 Pa.C.S. § 6105(c) also prohibits the following persons from possessing, using, controlling, transferring,
manufacturing, or obtaining a license to possess, use, control, transfer, or manufacture a firearm in the Commonwealth of Pennsylvania.
ARE YOU A PERSON WHO:
1. is a fugitive from justice; or
2. 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; or
3. has been convicted of driving under the influence of alcohol or controlled substance as provided in 75 Pa.C.S. § 3802 (relating to driving
under influence of alcohol or controlled substance) or the former 75 Pa.C.S. § 3731, on three or more separate occasions within a five-year
period. For the purposes of this paragraph only, the prohibition of Section 6105(a) shall only apply to transfers or purchases of firearms after
the third conviction; or
4. has been adjudicated as an incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment under
section 302, 303, or 304 of the provisions of the act of July 9, 1976 (P.L. 817, No. 143), known as the Mental Health Procedures Act; or
5. being an alien, is illegally or unlawfully in the United States; or
6. is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. § 6108 (relating to relief), which order provides for the
relinquishment of firearms during the period of time the order is in effect. This prohibition shall terminate upon the expiration or vacation of an
active protection from abuse order or portion thereof relating to the relinquishment of firearms; or
7. was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or under any equivalent Federal statute or
statute of any other state as a result of conduct which if committed by an adult would constitute an offense under 18 Pa.C.S. sections 2502,
2503, 2702, 2703, 2704, 2901, 3121, 3123, 3301, 3502, 3701, and 3923; or
8. was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal statute or statute of any other state as a
result of conduct which if committed by an adult would constitute an offense enumerated in 18 Pa.C.S. § 6105(b) with the exception of those
crimes set forth in paragraph 7. This prohibition shall terminate 15 years after the last applicable delinquent adjudication or upon the person
reaching the age of 30, whichever is earlier.
9. is prohibited from possessing or acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to unlawful acts) who has been convicted in any
court of a misdemeanor crime of domestic violence by a person in any of the following relationships: (i) the current or former spouse, parent or
guardian of the victim; (ii) a person with whom the victim shares a child in common; (iii) a person who cohabits with or has cohabited with the
victim as a spouse, parent or guardian; or (iv) a person similarly situated to a spouse, parent, or guardian of the victim; then the relationship
need not be an element of the offense to meet the requirements of this paragraph

This was taken directly from a court order filed here in PA:

NOTICE TO THE DEFENDANT


VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. § 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF’S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT. 23 PA.C.S.A § 6108(g).

THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. § 2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. § § 2261—2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. § 922(g)(8).

I guess you should have taken the restraining order more seriously.

[cdi]

Hmmmm, conviction for violating a restraining order and arrested for stalking.
Perhaps you should take up knitting instead of firearms...

[sprrdhawk44]

If the stalking charge was thrown out, you might have a chance. I'm not sure about violating a RO though. Look up the thegunlawyer on here, he may be able to shed some light.

[mollymayhem82]

If the stalking charge was thrown out, you might have a chance. I'm not sure about violating a RO though. Look up the thegunlawyer on here, he may be able to shed some light.

Come on. His stalking charge was thrown out, but he was found guilty of violating a court ordered restraining order? I don't believe it. Even if it was true, he should have just obeyed the goddamn order. It's not that hard, really.

[badgt350h@yahoo.com]

Okay people listen... I was at my cousin home, my x wife files an order in CA where we lived at the time, then drives by my cousins house stops out front and calls the police. I come from an entire family of LAW Enforcement. I can purchase guns in CA which is far more strict than PA is. So cut the crap and offer any help. The application asks for convictions?

[badgt350h@yahoo.com]

Come on. His stalking charge was thrown out, but he was found guilty of violating a court ordered restraining order? I don't believe it. Even if it was true, he should have just obeyed the goddamn order. It's not that hard, really.

In order to obey the order one must be served the order... correct? In CA if you are served an order you must sign it. At the time I was unemployed so I had a public defender that refused to fight this.

[mollymayhem82]

Okay people listen... I was at my cousin home, my x wife files an order in CA where we lived at the time, then drives by my cousins house stops out front and calls the police. I come from an entire family of LAW Enforcement. I can purchase guns in CA which is far more strict than PA is. So cut the crap and offer any help. The application asks for convictions?

You can purchase a gun here too, most likely. You just won't get a license. If you come from a whole clan of cops, why didn't they close ranks and help you out? Your family being entirely made up of LEO is irrelevant. It's not like cops don't ever beat up or stalk their spouses. Just get a lawyer, already.

[cdi]

K
Thx
Bye!

[mollymayhem82]

In order to obey the order one must be served the order... correct?

LOLwhut? No, not as far as I know. What did you do, dodge the letter or deputies who came to serve you the papers? GET A LAWYER.