LTCF application "withdrawn" as not US Citizen

[Karlos]

My wife and I have lived in the US now for 7 years, moving here from the UK. We are legal permanent residents and plan on becoming citizens in 2 years

I have my bucks county LTCF already, and with the current state of the world, encouraged my wife to also get one.

From the website, i knew that Bucks County weren't issuing to anyone out of the county or state right now. We live in Quakertown and provided all the required information.

My wife received an email this morning saying that her LTCF application had been withdrawn because quote "we are only issuing permits to US citizens at this time"

There is no mention of this on the website at all. There is no mention as to why they are only issuing to US citizens. Does anyone know if there is anything we can do about this?

Thanks in advance

[RockIsland]

My wife and I have lived in the US now for 7 years, moving here from the UK. We are legal permanent residents and plan on becoming citizens in 2 years

I have my bucks county LTCF already, and with the current state of the world, encouraged my wife to also get one.

From the website, i knew that Bucks County weren't issuing to anyone out of the county or state right now. We live in Quakertown and provided all the required information.

My wife received an email this morning saying that her LTCF application had been withdrawn because quote "we are only issuing permits to US citizens at this time"

There is no mention of this on the website at all. There is no mention as to why they are only issuing to US citizens. Does anyone know if there is anything we can do about this?

Thanks in advance

PM or email Phil Kline aka Gunlawyer 101.

[Jhaydeno]

Interesting! Under PA CS18, section 6109, he doesn’t have the authority to ‘withdraw’ an application. He can grant it or deny it, period. I would make a few calls to the sheriff, offer him a second chance, threaten to get a lawyer, and keep that letter. That note could be construed as an effective denial, at which point your wife may be able to get a hearing in district court. If she does not win there the next appeal is to the PA AG I believe. Good luck!!

https://www.legis.state.pa.us/cfdocs...hoice=suppress

[Karlos]

I called the sheriff's office. After finally getting him to understand that we are "permanent residents of Bucks County" he said that the sheriff had changed the rule "a month or two ago" that they would be only issuing to US Citizens. He couldn't tell me why, but he did say that currently it was with their legal team to check if the rule change would stand or be reversed. The guy on the phone said he "completely understood" my frustration but there was nothing he could do about it.

There is absolutely nothing about this rule change online. It's not on the website or on the Bucks County Sheriff's facebook page as far back as August last year.

He even went as far as to say if the rule stands I won't be able to even renew my LTCF. Luckily i only got it in July last year and will be a US Citizen before it expires

[wew3]

I would complete the online application form - https://www.buckscounty.gov/Document...rms-PDF?bidId= - print it out and bring it to the Doylestown office or the Quakertown office (Wednesdays only) and see what happens. I wouldn't leave without either the LTCF or an official denial. If she gets the LTCF great. If they deny it, you can appeal.

[Karlos]

Yeah i thought about doing this. I'll chat to the wife about it and see what she wants to do. As suggested I PM'd Gunlawyer also to see what his take on all this is.

[Walleye Hunter]

Sounds fishy to me. You only have 30 days to move on it so don't drag your feet. Unfortunately, I feel like you have two options, bend over and take it or get a lawyer involved, which will probably cost you money unless someone like the GOA would be interested in it.

[RockIsland]

Even the last democrat sheriff didn't try to pull any crap like this.

[ROCK-IT3]

Sounds fishy to me. You only have 30 days to move on it so don't drag your feet. Unfortunately, I feel like you have two options, bend over and take it or get a lawyer involved, which will probably cost you money unless someone like the GOA would be interested in it.

She wasn't denied though, so the 30 day appeal window shouldn't apply. The Sheriff seems to be rewriting the law.

[GunLawyer001]

Resident aliens can own guns, but non-immigrant aliens can't; per ATF:

Who is a nonimmigrant alien?

A nonimmigrant alien is an alien in the United States in a nonimmigrant classification as defined by section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). Generally, "nonimmigrant aliens" are tourists, students, business travelers and temporary workers who enter the U.S. for fixed periods of time; they are lawfully admitted aliens who are not lawful permanent residents.

[27 CFR 478.11]


It's not up to local sheriffs to change the rules, which I assume is why it's been "withdrawn" instead of "denied", and why you got an email instead of a certified letter as state law requires.

This would not stand up in court, and I suspect the sheriff knows it. A Bucks resident has to go to the Bucks sheriff, and the Bucks sheriff has to apply the state-wide rules, not some "local policies". I blame the influence of Philadelphia, a creeping lawlessness where those in govt believe they can do as they please, especially with regard to guns. I hate to see that start in Bucks, too.

Unilateral withdrawal of the application by the sheriff is a constructive denial, and allows an appeal to Common Pleas court within 30 days. You could also argue that your 30 day clock hasn't begun since it's not a formal denial and you didn't receive the certified letter which would signal that.