LTCF question

[njsportsman]

Moving to Carbon County and want to apply for an LTCF. I was just on their site and it requires 2 references and they have to be from Carbon County. I don't know anyone in Carbon County I have a couple of friends in Monroe but doesn't help me. Any suggestions? Anyone in Carbon County need a friend? Joking of coarse

[45Doll]

That's probably illegal, but the legal options to oppose it can get ugly. Sheriff's have some latitude on this subject.

I would write the sheriff a letter respectfully outlining your situation and asking that he permit you to use two references from outside the county.

He can't really deny you your LTCF because you're new, or haven't been there long enough to make friends. That's not in the statute. If he declines your written request, my next step would be to retain Joshua Prince and ask him to repeat your request.

[gnbrotz]

Sheriff's have some latitude on this subject.

No they don't. There is no statutory requirement that references be from the same county (or state, or even the USA). Preemption prevents the sheriff from unilaterally imposing that condition.

[Hokkmike]

Sullivan County has eliminated the two reference requirement.

[Curmudgeon]

When I moved here (York County) both of my references were from
Maryland. I don't think they even looked, and my references were
never contacted.

GNBROTZ is correct.

[Ricochet]

In my county the sheriff said "don't worry about filling out the reference part of the application"

[fallenleader]

That's probably illegal, but the legal options to oppose it can get ugly. Sheriff's have some latitude on this subject.

I would write the sheriff a letter respectfully outlining your situation and asking that he permit you to use two references from outside the county.

He can't really deny you your LTCF because you're new, or haven't been there long enough to make friends. That's not in the statute. If he declines your written request, my next step would be to retain Joshua Prince and ask him to repeat your request.

it IS illegal and iirc was determined so in several counties that were sued recently.
"must use the form as perscribed by PSP"
the general way they(counties) take around it is to refuse to accept it because if they do, they have to process it and cant deny it for the reference unless they do which is also illegal.
source for the page says it was last updated in 2012, maybe call them and verify?

IANAL, just live in Monroe county, a hot item in many ltcf topics and one of the most recently settled lawsuits.

[R.A.D.]

Can't swing a dead pit bull in Carbon without finding a carrier... within day one of you moving you'll be golden. You'll be in and out in 10 minutes

[OwnTheRide]

Just list references you do have and hand them the application. Do not accept it back from them. They know damn well they can't deny you for that, and that they will lose in court if they push this.

The key part is making sure they receive the application, and not accepting it back. Otherwise they'll pull the "I didn't deny their application, I just refused to accept it" bullshit that they do to nonresidents all the time. Which is also unlawful, but not as clearly defined as the acceptable reasons for denial.

[Sgt.K]

My references were from Philly and Louisiana. Mrs.K's were from Florida and Louisiana. None were called. Since nobody from the sheriff's office is likely to visit the reference in person, I don't see why geography would be an issue. Phones work fine cross-country.

Then there's the fact that the form doesn't specify same county.

Not to mention the whole "shall not be infringed" thing...