CCW - Valid Recourse?

[mystikast]

deleted against any type of leaked information

[MDJschool]

Hello all,

On June 20th, 2010, I was arrested for a crime I was not responsible for in Philadelphia (I matched suspect's description) . My LTC/CCW was confiscated and revoked. On 2/15/11, the case was thrown out because of lack of evidence. For the past year, I have been fighting to get my LTC back. I have a 100% clear criminal record, and aside from that 1 arrest, for which the case was thrown out and I was never convicted, they REFUSE to give me my LTC back. The appeals board and court of common pleas said that I only had a 30-day window after my arrest to appeal the revocation, and because I did not do that, I cannot get my LTC back, EVEN THOUGH I'VE NEVER COMMITTED A CRIME OR HAVE ANY DISQUALIFYING OFFENSES. I could not appeal because I was in jail unable to post bail (for a crime I wasn't even guilty of)! They said 'oh well', literally. They said my only recourse now is to wait until 2016 WHEN MY LICENSE EXPIRES and go for RENEWAL. I mean, WHAT IS GOING ON HERE!?

Oh, and, when I brought up my 2nd amendment right to carry, I swear to god, this is what the gun permits unit said: "what is the 2nd amendment?"

I don't know what else to do but to file a lawsuit alleging violation of civil rights... I have tried the appeals process and everything, anyone have any advice?

You need to speak in terms of the law.

"
The action of the chief of police, sheriff, county treasurer or other officer under this subchapter shall be subject to judicial review in the manner and within the time provided by 2 Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local agency action). A judgment sustaining a refusal to grant a license shall not bar, after one year, a new application; nor shall a judgment in favor of the petitioner prevent the defendant from thereafter revoking or refusing to renew such license for any proper cause which may thereafter occur. The court shall have full power to dispose of all costs." 18 Pa.C.S. 6114.

Have you tried making application since (approx.) June 20, 2011, and appealing within 30 days of a denial?

[mystikast]

I have not tried an application and appeal upon denial, kindof have though. At the gun permits unit, I've asked if I could ''just re-apply'' and they said that ''no, I could not''. I've also tried to apply in my home, delaware county, and Delco told me I have to ''sort out philly'' first.

[mystikast]

You need to speak in terms of the law.

"
The action of the chief of police, sheriff, county treasurer or other officer under this subchapter shall be subject to judicial review in the manner and within the time provided by 2 Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local agency action). A judgment sustaining a refusal to grant a license shall not bar, after one year, a new application; nor shall a judgment in favor of the petitioner prevent the defendant from thereafter revoking or refusing to renew such license for any proper cause which may thereafter occur. The court shall have full power to dispose of all costs." 18 Pa.C.S. 6114.

Have you tried making application since (approx.) June 20, 2011, and appealing within 30 days of a denial?

That is very helpful citation, thank you. I have been thinking of hiring an attorney, but I am just a pizza delivery driver and I have little money so it would take awhile to save up.

[MDJschool]

Oh, and, when I brought up my 2nd amendment right to carry, I swear to god, this is what the gun permits unit said: "what is the 2nd amendment?"

http://forum.pafoa.org/concealed-ope...ml#post1698054
Mr. GODSHALL. Thank you, Mr. Speaker. This amendment contains HB 1878, and a compromised was worked out . . . This amendment is reform legislation. . . . If, after an investigation not to exceed 45 days, an applicant for a license is not disqualified by any of the criteria set forth in the law, a license shall be issued pursuant to Article I, section 21, of the Pennsylvania Constitution. Mr. Speaker, what I would like to do is go over the changes that exist under present statute with the changes that we have in thsi bill. I think it really is important that the members know what those changes are.
The SPEAKER. You may proceed, Mr. Godshall.

I have not tried an application and appeal upon denial, kindof have though. At the gun permits unit, I've asked if I could ''just re-apply'' and they said that ''no, I could not''. I've also tried to apply in my home, delaware county, and Delco told me I have to ''sort out philly'' first.

That is very helpful citation, thank you. I have been thinking of hiring an attorney, but am just a pizza delivery driver and have little money.

My LTC/CCW was confiscated and revoked. On 2/15/11, the case was thrown out because of lack of evidence. For the past year, I have been fighting to get my LTC back.

they REFUSE to give me my LTC back. The appeals board and court of common pleas said that I only had a 30-day window after my arrest to appeal the revocation, and because I did not do that, I cannot get my LTC back,

I assume that you've only gone to the L&I, and the Philadelphia CCP. I hope that is the case if you are now a Del. Co. resident, for the ease of having the new venue.

You need to take informal contacts with these government agents in stride, because they are not really binding anyone. Even if you cannot or will not proceed with a lawyer, you obviously have enough confidence and experience that you took your revocation to the L&I and then the CCP once already, even if you didn't get a hearing on the merits. So, the process is very simple, you come in, not asking questions, but by making application with the fee, and walking out. Either you will receive a denial or no response for 45 days which is deemed denied, and within 30 days of the denial letter the act of being deemed denied, you file your appeal for "judicial review of local agency action" with the CCP.

They said my only recourse now is to wait until 2016 WHEN MY LICENSE EXPIRES and go for RENEWAL.

I don't know which employees of what governmental body told you this, but you need to clarify the following, "My LTC/CCW was confiscated and revoked", to make sense of it. If your license was only confiscated and the revocation was not reported to the PSP, it may be they are unwilling to process your license because you actually have a valid license, and the issue at hand is unlawful seizure of the physical license itself, rather than revocation of the liberty interest. ". Notice shall be sent by certified mail to the individual whose license is revoked, and, at that time, notice shall also be provided to the Pennsylvania State Police by electronic means, including e-mail or facsimile transmission, that the license is no longer valid." 18 Pa.C.S. 6109(i). If you find this to be the case, the proper avenues for return may be a Pa.R.Crim.P. 588 motion for return of property or a civil replevin action, if the LTCF appeal court(s) determine you are actually licensed but are unwilling to provide relief by ordering the license back to you.

[mystikast]

Hey, thanks for help.

I have talked to Delco sheriff's office, Ramsey's office, L&I, and Philly CCP unit. I received a letter of revocation, but not until close to a year after my arrest, when I investigated as to the status of my LTC, I was served with a letter of revocation.

[mystikast]

When I re-apply for an LTC, I have to have an interview where the interviewer willl ask, ''have you ever applied for a LTCF?" what do I say? I believe lying is a felony.

[BimmerJon]

When I re-apply for an LTC, I have to have an interview where the interviewer

No you don't. There is no requirement in the LTCF application, statute or law that requires YOU to engage in ANY conversation or interview.

the interviewer willl ask, ''have you ever applied for a LTCF?" what do I say? I believe lying is a felony.

They can ask you anything they want, you are under no obligation to answer them nor can you be denied a LTCF or have your application refused in choosing not to answer.

The 1 page application is ALL you need to fill out with a pen. That's it

[MDJschool]

Hey, thanks for help.

I have talked to Delco sheriff's office, Ramsey's office, L&I, and Philly CCP unit. I received a letter of revocation, but not until close to a year after my arrest, when I investigated as to the status of my LTC, I was served with a letter of revocation.

Close to a year after June 20th, 2010? So you received a notice of revocation AFTER 2/5/11 when the charges were withdrawn, dismissed, or nol prossed? Did you appeal within 30 days of that, only to be told you had to appeal within 30 days of 06/20/2010?

[mystikast]

Yes, I received the letter of revocation once my case was thrown out, when I went to the 9th and spring garden permits unit to findout what was up with my license, this was AFTER my case got thrown out. I appealed the revocation of my license but they refused to grant a hearing because of the time frame, stating that it had been more than a year, and they are going on the date the revocation was sent out, not when I signed for it. That is how my case got to the court of common pleas.

Like I said, I have no CRIMINAL RECORD, received my LTCF without any trouble, and now the reasons they won't grant me the right to have a license is all because of time frames. I never received the letter of revocation until I searched for the status of my license. It has been over a year since I was cleared of all charges. The date they go on is my arrest date, and the date the letter of revocation was printed and supposed to be served, even though I didn't sign the certified mail for it til AFTER my case was dropped and I appealed within 30 days to be told I have no case because the letter of revocation is more than a year old even though I did not receive the letter until a year after it was printed!