LTCF Revocation Notice

[journeyman126]

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?

[knight0334]

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.

[GunLawyer001]

Your LTCF can be revoked or denied for hitting people, regardless of the level of the criminal charge.

[gnbrotz]

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.

[Gun]

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.

[MARINE DIVISION TWO]

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 .

[Phynixdaybreak]

While simple assault 18 2701 is not in the 6105b it is a state misdemeanor which won’t trigger fed ban. Talk to a lawyer before any firearm purchase. As long as it wasn’t against an intimate partner, that would trigger fed MDV ban, you’re good. Also you said the AA felony was dismissed. Be sure to see that it is expunged, I think it’s automatic in here in pa however IANAL. Hopefully you’ll get that 2701 dismissed as it could cause trouble down the road. Summary offenses are just that. After 5 years w/ no run ins with law it’ll go away. Good luck!!

[Bang]

Necro thread, or close to it. Seems like our GunLawyer's explanation is being ignored for some reason. As for automatic expungement, last I knew, a lot of people get surprised that it isn't.

[journeyman126]

Thought I should post the outcome for future readers' reference. All charges were ultimately dropped. My lawyer appealed the revocation of the Chester County permit. It was denied. When all was settled, contacted Berks County Sheriff to check the status and they said my permit here is valid. I'm happy to still be a permitted carrier and put this experience behind me.

[Phynixdaybreak]

When all was settled, contacted Berks County Sheriff to check the status and they said my permit here is valid. I'm happy to still be a permitted carrier and put this experience behind me.

Awesome. Glad to see that everything worked out.