ACTING U.S. ATTORNEY KAUFMAN COERCES PA SHERIFF TO ILLEGALLY REVOKE LICENSES TO CARRY

[vfinnell]

Biden Appointee Shows Anti-Gun Bias Against Pennsylvania Gun Owners

October 14, 2021

FOR IMMEDIATE RELEASE

(Allegheny County, PA) Acting US Attorney Stephen R. Kaufman has asked the sheriffs of counties located within the Western District of Pennsylvania to revoke the otherwise "valid concealed carry permit[s]" of individuals who inadvertently bring a firearm on their person or in carry-on baggage into the security area of the Pittsburgh International Airport.

"This isn't a crime, pure and simple," said Dr. Val Finnell, Pennsylvania Director for Gun Owners of America. "There is no statutory authority for the Sheriff of Allegheny County or any other Pennsylvania sheriff to revoke an LTCF for inadvertently taking your firearm through airport security."

In his press release, Acting U.S. Attorney Kaufman claims that this will be a *new way of dealing with travelers who have guns in their carry-on bags at Pittsburgh International Airport security checkpoint.* The only problem is, there is no legal authority for revoking a License to Carry Firearms (LTCF) for forgetting that you have your gun with you at the TSA checkpoint.

In a letter to Allegheny County Sheriff William P. Mullen, Gun Owners of America (GOA) Senior Vice President Erich Pratt urged the Sheriff to rescind the policy and stated, "Should you act to revoke valid LTCFs for the reason that the Acting US Attorney recommends, GOA and GOF will pursue available legal remedies to challenge such unlawful action."

GOA and GOF have provided a copy of the letter to Sheriff Mullen to all the county sheriffs within the Western District of Pennsylvania.

GOA Pennsylvania Director Val Finnell, or another GOA/GOF spokesperson, is available for interviews. Gun Owners of America, and its sister organization Gun Owners Foundation, are nonprofits dedicated to protecting the right to keep and bear arms without compromise. For more information, visit GOA*s Press Center.

*GOA*

https://pennsylvania.gunowners.org/acting-u-s-attorney-kaufman-coerces-pa-sheriff-to-illegally-revoke-licenses-to-carry-firearms/

[Walleye Hunter]

And the war wages on. Thanks for taking this head-on.

[gnbrotz]

I appreciate GOA's efforts, but to play devil's advocate, this type of "mistake" seems fairly consistent with a potentially "reasonable" application of §6109(e)(1)(i) - the "character clause".

Statutorily, no conviction, or even arrest is required as a basis for this "cause".

[Mosinshooter762]

I appreciate GOA's efforts, but to play devil's advocate, this type of "mistake" seems fairly consistent with a potentially "reasonable" application of §6109(e)(1)(i) - the "character clause".

Statutorily, no conviction, or even arrest is required as a basis for this "cause".

§ 6109. Licenses.
...
(d) Sheriff to conduct investigation.--The sheriff to whom the application is made shall:
...
(3) investigate whether the applicant's character and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety;
...
(e) Issuance of license.--

(1) A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle and shall be issued if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license. A license shall not be issued to any of the following:

(i) An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.
...
(i) Revocation.--A license to carry firearms may be revoked by the issuing authority for good cause. A license to carry firearms shall be revoked by the issuing authority for any reason stated in subsection (e)(1) which occurs during the term of the permit. Notice of revocation shall be in writing and shall state the specific reason for revocation. Notice shall be sent by certified mail to the individual whose license is revoked, and, at that time, notice shall also be provided to the Pennsylvania State Police by electronic means, including e-mail or facsimile transmission, that the license is no longer valid. An individual whose license is revoked shall surrender the license to the issuing authority within five days of receipt of the notice. An individual whose license is revoked may appeal to the court of common pleas for the judicial district in which the individual resides. An individual who violates this section commits a summary offense.
...

Good point, but this may lead to the case that further reinvigorates 'shall issue' in Pennsylvania, and in which the courts remind issuing authorities that it is the dangerous character and reputation clause. For example, being involved in a car accident, or in this type of case, unknowingly possessing a firearm doesn't seem to be evidence of a dangerous character and reputation.

[vfinnell]

Good point, but this may lead to the case that further reinvigorates 'shall issue' in Pennsylvania, and in which the courts remind issuing authorities that it is the dangerous character and reputation clause. For example, being involved in a car accident, or in this type of case, unknowingly possessing a firearm doesn't seem to be evidence of a dangerous character and reputation.

Agreed. That would be our argument. Just because you forgot you had your firearm with you doesn't mean that you have a character or reputation problem.

[Xringshooter]

Wouldn't a U.S. Attorney (i.e. FEDERAL) trying to dictate that be treading on STATES RIGHTS

[vfinnell]

I appreciate GOA's efforts, but to play devil's advocate, this type of "mistake" seems fairly consistent with a potentially "reasonable" application of §6109(e)(1)(i) - the "character clause".

Statutorily, no conviction, or even arrest is required as a basis for this "cause".

Yes, we know that is an issue, but disagree if that is what Sheriff Mullen is using as justification. We need to remove the character and reputation requirement from the law. Ultimately, Constitutional Carry will be the cure as that bill eliminated the character and reputation requirement from the option LTCF for reciprocity purposes. Eric Davanzo also has a standalone bill that does that.

Regardless, we are going to contest that this is a misuse of the "character and reputation" clause if Mullen is using that.

[vfinnell]

Agreed. Now lets make leaving a child in a hot car an offense where the mother cannot conceive for life.
Or adopt. Lets see how far that goes.

Yes, and remember there IS a penalty for doing this. The fine could be several thousand dollars.

[markshere2]

Yes, and remember there IS a penalty for doing this. The fine could be several thousand dollars.

oh ain't that a good deterrent for negligent homicide? (sarc)

[PAMedic=F|A=]