Trying to renew license in Montgomery County

[thorsmitersaw]

So I went to the sheriffs office this morning to renew my permit. I had it issued in 2009 in Franklin County PA. I waited in the office while the guy sent it in to Harrisburg. Now I am waiting another 15 days for a call back. Apparently they are investigating something on my record? He asked me if I had any 'contact' with police lately (which I didnt really understand what he was saying. I thought maybe he meant 'contacted by'. He was meaning had I been arrested recently) to which I ended up replying no.

How the hell have I been walking around with a concealed permit for 5 years and now when I renew suddenly there is something that requires investigation? I have not had any arrests or anything more than a speeding ticket in the time since my original had been issued.

Is this normal? Feel like I am getting hassled.

Are there any steps to take at this particular juncture or should I just wait? What do I do if I get rejected? Can I make some sort of appeal somehow?

What do I do about my expiring permit? It expires in 2 days... I am sure walking around with an expired license is just as illegal as walking around WITH one in the eyes of cops...

[HiredGoon]

Someone with a similar name may have a record and they want to be sure of your identity. Did you provide your full soc. sec # on the application?

[thorsmitersaw]

Someone with a similar name may have a record and they want to be sure of your identity. Did you provide your full soc. sec # on the application?

yes, i did.

I mean I do have a record in VA but that was 7 (8?) years ago and it DIDNT stop me from getting a permit in Franklin County in 2009. I also recently had a BG check done through the PA state police and nothing came up on their check at all. So yea, feel like I am just getting effed with.

[thorsmitersaw]

Ok. Well. I just called and there is no word back yet from the state police in Harrisburg about supposed 'investigation' or whatever.

Am I just screwed in the mean time? I assume I can not carry (concealed) with an expired license, right?

[Svickstc]

1. you can appeal a case if it comes back
2. There is quite a bit of grace period i believe on an expired LTCF (but please dont take that to heart, do a little further research yourself).

18 PA ss 6106 (12)

18 Pa.C.S. § 6106: Firearms not to be carried without a license
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
(2) A person who is otherwise eligible to possess a [FN1] valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.
(b) Exceptions.--The provisions of subsection (a) shall not apply to:

{snip}

(12) A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.

I will caveat that with, not many LEO's know the actual Law, so explaining to a LEO why your LTCF is expired and carrying around, might put you in hot water, but legally all things considered you are good

3. Im sure everyting will be fine

[HiredGoon]

You must still be eligible for a LTCF to use the "grace period" to carry. If for some reason he comes back denied, he would NOT have been eligible to carry.

IMO... He should just wait and see what happens with the investigation.
IANAL

[Svickstc]

You must still be eligible for a LTCF to use the "grace period" to carry. If for some reason he comes back denied, he would NOT have been eligible to carry.

IMO... He should just wait and see what happens with the investigation.
IANAL

Good call...since he went for the renewal and is in the process the playing dumb thing wouldnt work...

Now you are required to turn in your LTCF if you have done anything wrong that voids it, however, if one did not renew and get denied at first, and was carrying past the expiration in that 6 month period, they would be good to go

since you started the process and do know of your current situation, id play it safe and not at all like "hiredgoon" clarified the details

[twency]

Good call...since he went for the renewal and is in the process the playing dumb thing wouldnt work...

Now you are required to turn in your LTCF if you have done anything wrong that voids it, however, if one did not renew and get denied at first, and was carrying past the expiration in that 6 month period, they would be good to go

since you started the process and do know of your current situation, id play it safe and not at all like "hiredgoon" clarified the details

I'm not aware of any legal duty to "self-report" if you've violated the terms of eligibility for an LTCF. The sheriff is required to revoke your license if he becomes aware you're ineligible, and you are required to surrender a revoked license within five days of receipt of the notice of revocation.

Agree with you and others that it would be unwise and potentially illegal to try to use the sixth-months-after-expiration exemption in a circumstance like this. The OP has been put on notice that his eligibility status is in question. If he carries anyway and is subsequently found ineligible for renewal he's knowingly committed a crime. (This is distinguishable from someone carrying post-expiration when he has no reason to think he's not eligible for renewal, a situation in which a court is much more likely to be understanding due to lack of knowledge/intent.)

[thorsmitersaw]

still no word.

[brandi26]

still no word.

They will probably take the full 15 days to get back to them about it. That is usually the case when we have anyone go into research at the shop that I work at. Sometimes they come back sooner, but I would say it is rare.