Pennsylvania Firearm Owners Association
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  1. #31
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
    13,646
    Rep Power
    21474867

    Default Re: Potential LTC and Transfer Issues.

    Quote Originally Posted by BimmerJon View Post
    How is a roadside stop (investigation) any different than a PPD GPU investigation? If I'm asked a question by a LEO and my answer might incriminate me... the 5th Amendment protects me.
    The GPU has the duty to investigate, but I have no duty to participate.

    I know you're a lawyer, but I can't believe your response.
    You're free to find case law that proves your point.

    You can always try to assert your 5th Amendment rights, and refuse to disclose your previous arrests or convictions, decline to tell them your address, refuse to share your full name..... but there may be a cost. You don't have to talk to them, but they don't have to issue the license if you impede their investigation, either.

    In a non-custodial situation, where the police are not seeking evidence to be used against you in any prosecution, you're not likely to find any case law that says you can clam-up and still be entitled to an LTCF. The fact that your admission that the police previously arrested you might be the basis for a denial of an LTCF, is NOT the point of the 5th Amendment, because there's no possible prosecution that would be commenced based solely on that (although lying to a state official in writing is a brand-new crime, which they could in theory prosecute you for.)
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  2. #32
    Join Date
    Jun 2007
    Location
    PA, Pennsylvania
    (Delaware County)
    Posts
    3,604
    Rep Power
    1246703

    Default Re: Potential LTC and Transfer Issues.

    PA is shall issue, no?
    No requirement listed on the application for me to answer my phone or any questions. After 45 days of ignoring them, what would be the reason for denial?

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