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Thread: MAY or SHALL issue for PA???
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January 10th, 2014, 02:19 PM #11
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January 10th, 2014, 02:44 PM #12Grand Member
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January 10th, 2014, 02:48 PM #13
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January 10th, 2014, 03:16 PM #14
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January 10th, 2014, 03:39 PM #15
Re: MAY or SHALL issue for PA???
Any county that falls within Philadelphia city limits and thus falls under the
"City of the First Class" rules. And there are probably a few counties outside Philadelphia city limits that would be "May Issue" as well.
I try to avoid the east side of the state as much as possible. Scary place.
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January 10th, 2014, 04:41 PM #16Grand Member
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January 10th, 2014, 04:43 PM #17
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January 10th, 2014, 04:45 PM #18
Re: MAY or SHALL issue for PA???
So far the only posts ive seen were people have been denied on the character clause is when they have done some thing stupid in their past, so i don't see how that effectively makes PA May issue. Now if they try and use the character clause one someone with a completely clean history then i could see how you could say that.
IANAL
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January 10th, 2014, 04:54 PM #19
Re: MAY or SHALL issue for PA???
The character clause makes a LTCF a subjective decision. It depends on how the Sheriff feels about the situation vs only relying on specific and defined parameters where the Sheriff has no choice but to issue so long as the specific defined criteria is met.
Once someone opinion gets involved its not a black or white decision and to me that is the criteria for a shall issue status.
This is similar to how I feel about athletic competitions that are judged are not true sports. To much subjective opinion is used to determine a winner."No, it's just a machine. I'm the weapon." - Jack Harper in Oblivion
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January 11th, 2014, 12:58 AM #20
Re: MAY or SHALL issue for PA???
I agree, and I respectfully submit that the use of the word "shall" in one clause of the statute does not make PA a shall issue state. Look at what the statute says:
18 Pa CS 6109(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.
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