Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Mar 2021
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    Mohnton, Pennsylvania
    (Berks County)
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    Default LTCF Revocation Notice

    Hi all, I searched the forum and read many older threads about revocation. However, I still would like advice on how to proceed. My license was originally issued in Chester County. Since then I have moved to Berks County. The expiration was coming up, so I renewed in Berks County. On Feb 14, I was arrested in Berks County. the original charge was aggravated assault. However, in the preliminary hearing on 3/1 that charge was dropped. I still have court pending later this month for simple assault (from the same date). Today, 3/3, I got a certified letter from Chester County Sheriff to surrender my firearms license. I'm a little confused about how/why Chester County is involved. I'm going to mail my one that was due to expire shortly to the Chester County Sheriff office and keep my more current one that was issued by Berks. Is this a sound way to proceed?
    I will also appeal as I have not been convicted of any crime. Especially since the felony was dropped and according to my attorney the simple assault misdemeanor will most likely be dropped to just a summary. I am not at risk of going to jail for 2+ years. What happen to innocent until proven guilty?

  2. #2
    Join Date
    Oct 2006
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    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: LTCF Revocation Notice

    Quote Originally Posted by journeyman126 View Post
    Hi all, I searched the forum and read many older threads about revocation. However, I still would like advice on how to proceed. My license was originally issued in Chester County. Since then I have moved to Berks County. The expiration was coming up, so I renewed in Berks County. On Feb 14, I was arrested in Berks County. the original charge was aggravated assault. However, in the preliminary hearing on 3/1 that charge was dropped. I still have court pending later this month for simple assault (from the same date). Today, 3/3, I got a certified letter from Chester County Sheriff to surrender my firearms license. I'm a little confused about how/why Chester County is involved. I'm going to mail my one that was due to expire shortly to the Chester County Sheriff office and keep my more current one that was issued by Berks. Is this a sound way to proceed?
    I will also appeal as I have not been convicted of any crime. Especially since the felony was dropped and according to my attorney the simple assault misdemeanor will most likely be dropped to just a summary. I am not at risk of going to jail for 2+ years. What happen to innocent until proven guilty?
    A license is valid until it expires or is revoked. That include licenses you held in other counties and which you received a new license in a new home county. You could technically have as many PA LTCF as their are counties in PA if you moved around often enough.

    The Chester County sheriff probably caught wind of your charges first. I suspect the Berks County sheriff wont be long after. Although, some sheriffs dont always watch out for such things.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J.

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  3. #3
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    Dec 2006
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    Bucks, Pennsylvania
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    Default Re: LTCF Revocation Notice

    Your LTCF can be revoked or denied for hitting people, regardless of the level of the criminal charge.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    There's merit to carrying your backup mag in a backup gun.

  4. #4
    Join Date
    May 2007
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    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: LTCF Revocation Notice

    OP, you mentioned "surrender" of the LTCF. Was it actually "revoked", or is the sheriff just demanding it's surrender? If actually revoked, what reason was given?

    *I ask about the details because many sheriffs believe they can put their own personal spin/interpretation on how to handle something when the law may not actually allow them to.
    Get your "Guns Save Lives" stickers today! PM for more info.

  5. #5
    Join Date
    Dec 2010
    Location
    Erie, Pennsylvania
    (Erie County)
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    Default Re: LTCF Revocation Notice

    Interesting how the sheriff revokes before the court notifies the sheriff, which the court cannot, prior to a conviction.

    (i.1) Notice to sheriff.--Notwithstanding any statute to the contrary:
    (1) Upon conviction of a person for a crime specified in section 6105(a) or (b) or upon conviction of a person for a crime punishable by imprisonment exceeding one year or upon a determination that the conduct of a person meets the criteria specified in section 6105(c)(1), (2), (3), (5), (6) or (9), the court shall determine if the defendant has a license to carry firearms issued pursuant to this section. If the defendant has such a license, the court shall notify the sheriff of the county in which that person resides, on a form developed by the Pennsylvania State Police, of the identity of the person and the nature of the crime or conduct which resulted in the notification.
    Quote Originally Posted by Aggies Coach View Post
    Cause white people are awesome. Happy now......LOL.

  6. #6
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    Sep 2009
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    POCONO MOUNTAINS, PENNSYLVANIA, Pennsylvania
    (Monroe County)
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    Default Re: LTCF Revocation Notice

    Firstly with an attorney not on your own did you plead not guilty to the simple assault charge ? If so and Officer who made the charge is inclined can at his will WITHDRAW the Charge given your prepared with a bonafide excuse denying any physical confrontation even if NO contact was made .Can also be dropped to disordeley conduct ,but hope for a Withdrawal ! It still will cost you a minum $ 750 for an attorney ! A court appearance will still be needed .

  7. #7
    Join Date
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    Levittown, Pennsylvania
    (Bucks County)
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    Default Re: LTCF Revocation Notice

    Offer the incident as proof that you can trusted to be armed. You handled an assault situation without reaching for the gun.
    There are only two kinds of guns. Those I have and those I want.

  8. #8
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    Mar 2021
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    Mohnton, Pennsylvania
    (Berks County)
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    Default Re: LTCF Revocation Notice

    Sorry, I had notifications to get emails for responses but they went to my junk folder. Thank you all for responding! It was revoked not just surrendered citing the arrest and the docket that goes with it. I guess my hold up is still that I have not been convicted of anything. One charge was withdrawn and the other is pending court. Yes, I have a lawyer (where do you get a lawyer for #750???).

    Some of the responses seem like even if found not guilty of the lower charge or if it also withdrawn, the appeal for the license can still be denied based on just the charge regardless of the outcome of court. Am I understanding that correctly?

  9. #9
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: LTCF Revocation Notice

    Quote Originally Posted by journeyman126 View Post
    Sorry, I had notifications to get emails for responses but they went to my junk folder. Thank you all for responding! It was revoked not just surrendered citing the arrest and the docket that goes with it. I guess my hold up is still that I have not been convicted of anything. One charge was withdrawn and the other is pending court. Yes, I have a lawyer (where do you get a lawyer for #750???).

    Some of the responses seem like even if found not guilty of the lower charge or if it also withdrawn, the appeal for the license can still be denied based on just the charge regardless of the outcome of court. Am I understanding that correctly?
    Possibly. There are specifically enumerated reasons for revocation, found in PA 6109(e)(1). They are the same list of requirements you must meet for issuance. If circumstances related to one of those change, the Sheriff is obligated by statute to revoke the LTCF. *Most* of them are fairly straightforward, but a couple are pretty subjective, and may be employed by a sheriff who is determined to revoke you when no underlying clear legal charge/conviction that would be prohibiting exists. They are:

    *Being a "habitual drunkard" (e)(1)(vii)
    *Being "An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety."(e)(1)(i)

    Since your pending charge doesn't appear to meet the threshold of (e)(1)(viii) (unless it was committed against a child), the sheriff is likely relying on the "character and reputation" reason, with your charge as the foundation. If your current charge is your first/only offense, it seems like a flimsy justification, but enough to put the burden back on you to "prove your innocence".

    Good luck.
    Get your "Guns Save Lives" stickers today! PM for more info.

  10. #10
    Join Date
    Jan 2013
    Location
    Oakland Mills, Pennsylvania
    (Juniata County)
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    Default Re: LTCF Revocation Notice

    Quote Originally Posted by journeyman126 View Post
    Sorry, I had notifications to get emails for responses but they went to my junk folder. Thank you all for responding! It was revoked not just surrendered citing the arrest and the docket that goes with it. I guess my hold up is still that I have not been convicted of anything. One charge was withdrawn and the other is pending court. Yes, I have a lawyer (where do you get a lawyer for #750???).

    Some of the responses seem like even if found not guilty of the lower charge or if it also withdrawn, the appeal for the license can still be denied based on just the charge regardless of the outcome of court. Am I understanding that correctly?
    The character clause is very vague. I would hiring one of the two lawyers that hang on this forum. Gunlawyer001 or sigforlife, or a lawyer they recommended.
    "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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