Torn, is this a violation of the UFA? Monroe Cty LTCF application instructions

[thelemite]

Monroe county PAs instructions for filling out the LTCF application indicates that the 2 references need to be from Monroe county. As he has not actually modified the form, and is interpeting it, is it something that could be pursued as a UFA violation?

http://www.co.monroe.pa.us/judicial/...rearms_App.pdf

See item 5.

[gnbrotz]

IMO, yes, this is challengeable. There is no statutory requirement for references to be in your home county, or even the USA for that matter.

[thelemite]

IMO, yes, this is challengeable. There is no statutory requirement for references to be in your home county, or even the USA for that matter.

That was my thought Gregg, my concern was the "1 page" of discretion they get.

[Pa. Patriot]

That was my thought Gregg, my concern was the "1 page" of discretion they get.

"The form may contain provisions, not exceeding one page, to assure compliance with this section."

Requiring references to be of your home county falls outside any of the things in the statute that need "complied" with.

[thelemite]

Thanks both of you. Letters to go out.

[gf45acp]

I believe that the Berkheimer proof would also be out of bounds.

[Philbert]

I would like to see this changed. In modern society we don't spend our lives in one county.

[Statkowski]

My letter went out on August 1st:

Friday, August 1, 2008

Commonwealth of Pennsylvania
Pennsylvania State Police
Attn: Firearms Division
1800 Elmerton AvenueHarrisburg, PA17110



Dear Sirs:

Attached is the current LTCF application instructions required by Monroe County Sheriff Todd A. Martin. These instructions can also be found on-line at:
http://www.co.monroe.pa.us/judicial/lib/judicial/Instructions-PA_Carry_Firearms_App.pdf

Also attached is a printout of Sheriff Martin’s website in which he erroneously refers to Pennsylvania’s License to Carry Firearms as a Concealed Weapons Permit. His website can be found on-line at:
http://www.co.monroe.pa.us/judicial/cwp/view.asp?a=1537&Q=604789&judicialNav=|34328|

Lastly, attached as a reference, is the front page of the SP 4-127 (8-2007) form that Sheriff Martin uses.

As you are aware, 18 Pa.C.S. § 6109 (c) states, in part:

• The application for a license to carry a firearm shall be uniform throughout this Commonwealth and shall be on a form prescribed by the Pennsylvania State Police.
• The form may contain provisions, not exceeding one page, to assure compliance with this section.
• Issuing authorities shall use only the application form prescribed by the Pennsylvania State Police.

Your attention is invited to Item 2 of his application instructions and also mentioned on his website. Here Sheriff Martin requires additional documentation mandated neither by state law nor the Pennsylvania State Police. In almost any other county in the Commonwealth, an applicant’s proof of identity and residency would consist of a Pennsylvania Driver’s License, yet Sheriff Martin requires:

• A Local 1% Earned Income Tax Form
• For retirees, a Federal Income Tax Return or Real Estate Tax form
• A doctor’s statement if one is disabled stating the specific nature of the disability plus a listing of any medications being taken.
• Military discharge papers (DD Form 214)

Sheriff Martin’s website requires the applicant to be a Pennsylvania resident for at least 60 days prior to application, a requirement mandated neither by state law nor the Pennsylvania State Police.

Lastly, Item 6 of the sheriff’s instructions requires that references must be full-time residents of MonroeCounty, a requirement mandated neither by state law nor the Pennsylvania State Police. References furnished are required to complete and return a questionnaire. If the referenced persons fail to return this questionnaire within 45 days, the LTCF application may be denied or delayed. Again, this requirement is mandated neither by state law nor the Pennsylvania State Police.

Sheriff Martin’s application process adds requirements not found elsewhere in the Commonwealth. Since his application process is therefore not “uniform throughout this Commonwealth,” is not Sheriff Martin’s application process in violation of Section 6109(c) of the Uniform Firearms Act? Clearly, it would appear to a layman that Sheriff Martin has exceeded his lawful authority.

A response would be appreciated with either:

• What actions your office is taking in this matter, or
• A recommended course of action by an applicant.

Sincerely,


Copies Furnished:

Monroe County District Attorney
1 Quaker Plaza
Stroudsburg, PA18360

Pennsylvania Office of Attorney General
16th Floor Strawberry Square
Harrisburg, PA17120

Pennsylvania Sheriff's Association2426 North 2nd St.Harrisburg, PA17110

[Pa. Patriot]

My letter went out on August 1st:

Heh - I was just looking for that post in the Luzerne thread to give thelement.

Most excellent template.... that gets results too

[tl_3237]

Retirees Must provide a copy of their Federal Income Tax Return or Real Estate Taxes reflecting their Monroe County residency and address

How does this prove anything since YOU generate this form, not a Government entity? You can make a tax return with any address you want.