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Thread: Is this legal?
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December 21st, 2020, 02:22 PM #1Active Member
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Olyphant,
Pennsylvania
(Lackawanna County) - Posts
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Is this legal?
Applicants for an LTCF in Lackawanna County have to come to the front door of the courthouse, a deputy will come to the door and you request an application. You then fill it out, bring it back the the front door and the deputy will then put your completed application, which needs to be sealed in an envelope, into a lock box. Your application will eventually be processed and you will be called to come and pay, get your picture taken, and be given your LTCF. My concern is the following sentence in the article, "Any application that is not completed in full or placed in a sealed envelope will not processed and will be destroyed, the sheriff*s office said." Once the sheriff's office accepts an application, are they obligated to approve or deny or can they destroy an application because it is not in a "sealed envelope", or is missing any bit of information, even trivial things like the zip code of a reference or something else trivial?
https://www.thetimes-tribune.com/new...d8674424f.html
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December 21st, 2020, 02:25 PM #2
Re: Is this legal?
I didn't read the article, but the sheriff is not allowed to summarily destroy applications and then say nothing. He's required to send you a certified mail response, not just magically make your application vanish.
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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December 21st, 2020, 05:43 PM #3
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December 21st, 2020, 06:51 PM #4Super Member
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FEMA Region III - State College,
Pennsylvania
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December 21st, 2020, 07:01 PM #5
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December 21st, 2020, 07:06 PM #6
Re: Is this legal?
No. It is not legal. The second an application is handed to a member of the department it is received and starts the 45 day clock. Not when ever they get around to getting it out of some bin.
Nor is an envelope a requirement for a LTCF. As already noted, destroying LTCF is also a crime. I’d suggest this might be a lovely time to have sheriffs in Pennsylvania learn they no longer have qualified immunity."Cives Arma Ferant"
"I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001
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December 23rd, 2020, 10:46 AM #7Active Member
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Morgantown,
Pennsylvania
(Berks County) - Posts
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January 12th, 2021, 05:38 PM #8
Re: Is this legal?
The situation is being resolved this week. Expect to see the county sheriff's website updated, accordingly
Joshua Prince, Esq. - Firearms Industry Consulting Group - www.PaFirearmsLawyer.com
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January 12th, 2021, 05:43 PM #9
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January 12th, 2021, 10:12 PM #10
Re: Is this legal?
"Cives Arma Ferant"
"I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001
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