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Thread: NO REFERENCES

  1. #11
    Join Date
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    Default Re: NO REFERENCES

    https://blog.princelaw.com/tag/references/

    Articles dating back over 5 years. Really, nothing new.
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    Cause white people are awesome. Happy now......LOL.

  2. #12
    Join Date
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    (Juniata County)
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    Default Re: NO REFERENCES

    Quote Originally Posted by gnbrotz View Post
    Privacy arguments and sheriff's individual interpretations aside, I disagree that it is not required. The statute does not "require" that you put your address on the application either. Or your DL number, or your occupation.

    The statute mandates the application:

    IMO, if the PSP puts a box for your address, it's required. Same with any other info, absent a clear court ruling striking it down at some point. There are only a very parts parts of the application specifically spelled out by the statute, mostly related to the reason for application and the attestation of the applicant in regards to their legal eligibility.

    I see your point, but it seems the courts disagree, as the non-required by law parts have been struck down by court order, more then once if memory serves.

    PSP is required to make a form, and counties to use it. It does not however give psp the authority add whatever information PSP thinks should be on there. For example PSP require by changing the form: *List the location, date, name of instructor and title of course you attended that has a minimum of 1000 hour firearms training you attended*.
    "Cives Arma Ferant"

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  3. #13
    Join Date
    Jan 2012
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    Default Re: NO REFERENCES

    Funny how a right that "shall not be questioned" is subject to an awful lot of questions to be answered in order to exercise it.
    I am not a lawyer.

  4. #14
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: NO REFERENCES

    Quote Originally Posted by PAMedic=F|A= View Post
    I see your point, but it seems the courts disagree, as the non-required by law parts have been struck down by court order, more then once if memory serves.

    PSP is required to make a form, and counties to use it. It does not however give psp the authority add whatever information PSP thinks should be on there. For example PSP require by changing the form: *List the location, date, name of instructor and title of course you attended that has a minimum of 1000 hour firearms training you attended*.
    Which is only applicable to the county that was party to the lawsuit and if I remember correctly the dropping of that requirement was a concession by that particular county. The rest of the counties can still require references.

    The requirement for references would be an easy argument by the PSP with claim it is for the Sheriff to investigate character. This is one battle we really do not want to take to the Superior or Supreme courts of PA because we will lose. If a sheriff isn't requiring refs, fine. If a sheriff is, provide them. If in doubt, provide them.

    If you want to fix this properly, get the law amended.
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