Philadelphia LTCF revoked - non US citizen (non-immigrant alien)

[tunibrou]

Good evening everyone,


I am reposting this story and adding more context, also trying to avoid hijacking or stealing other fellow member's thread about the same topic.


SUMMARY: LTCF revoked due to ICE and PA-SP thinking my permanence in the US is unlawful. I believe this is a consequence of having failed PICS a year ago in April 2023 under the same obnoxious and false pretense.


BACKGROUND: I am a non-immigrant alien (AKA guy with a visa) and own several firearms, all of them purchased through an FFL and passed PICS without issues. My 2A rights are supported on the premise of the possession of a valid hunting license as per ATF regulation, which I have been renovating diligently every year since 2020. The latter, plus the LTCF issued by Philadelphia GPU, and an unexpired Employment Authorization Document - known as Red Card, EAD for short - successfully supported every PICS application. That was, until April 2023 when I had my first denial within minutes of having submitted the 4473 form. For some reason, that to this day is still unknown to me, ICE thought that my presence in the United States was unlawful. Allegedly, "PA State Police is fine with this guy, the problem is ICE".

Big elephant in the room, I am most definitively NOT an unlawful or illegal alien. I am 1000% certain of this and thoroughly checked with 4 different attorneys for any inconsistencies in my legal status, there were none. I had the I-9 resent twice (Form that makes sure you are eligible for employment) and it passed, I sent copies of my legality to both PA-SP and ICE, spoke with them over the phone, and even PA-SP acknowledged having received my documents. Fast forward a couple of months: USCIS renewed both legal statuses without issues, I never heard back from ICE or PA-SP, went to the offices of ICE myself and nothing happened, I was just laughed at, so I thought the matter had been solved. I was wrong.

For reference, the documents submitted as proof of my legality included: SSN, every single EAD USCIS had approved to that date, tax returns, most recent pay stubs, W2 records, FBI security clearances, a signed support letter from my employer - a known and worldwide respected hospital -, non-expired VISA, non-expired TPS (temporary protected status), non-expired driver's license, updated SAVE form, LTCF (now revoked), valid PA medical license... EVERYTHING. Whoever gets a copy of that could easily steal my identity. To this date, I still posses all of these benefits and privileges; minus the gun permit, of course. Ironically, USCIS just recently approved my H1B Visa 3 days before Philadelphia PD revoked the carry permit. So, how come ICE thinks I am illegal is still beyond my comprehension.


PRESENT PROBLEM: Past Monday I received a notification via text message and by email that "You are now prohibited from carrying a firearm, your License to Carry a Firearm has been revoked for the following reason: Good Cause. Character and Reputation. Per Pic supervisor Barry Palakovic revoked due to not being in the USA legally". I hired legal assistance and filed an appeal the same day through the offices of Michael Fienman. I was warned that it could take months before I could present myself in front of a judge and expose my case. There are no DUIs, speeding tickets, DL suspensions, court citations, misdemeanors, offenses, or anything like it under my name.

At this point, once and If I get to recover my LTCF, I feel the necessity to file a lawsuit against the agencies mentioned above. This is infuriating and simply unfair.


Please, I am open to suggestions, thoughts, critiques, and a few words of encouragement.

[Delkal]

Something doesn't sound right here. Ignore all text and messages by email. If it isn't a mailed letter (maybe even certified?) it is not legit. You need a lawyer ASAP to get your LTCF back. If I am reading correctly you already got a LTCF from Philadelphia from a time that it was extremely hard for anyone to get approved. That means they looked at you closely with multiple interviews and couldn't think of a reason for denial. So this new ICE claim is something new and may or be not a reason to have your LTCF revoked.

You should get back in touch to one of your four lawyers or even better find a new one who specializes in 2A law and talk about your options.

[tunibrou]

You are right indeed. Any recommendations? I hired Michael Fienman for the representation of the appeal, his recommendation was to first deal with the appeal, then reassess and file against ICE.

[Delkal]

If you already have a lawyer he should be able to find out what these charges are about and should be able to clear them up if they are bogus to get your LTCF back.

And Yes, your only goal now if for a successful appeal.

But, unfortunately, he would have to be an exceptionally good lawyer to be able to file against ICE or the feds. Not sure if I would put up any money for that..

[tunibrou]

That is one of the interrogatories, no agency has pressed charges against me thus far.

I would presume that the Feds would actively prosecute such an offense, sustained or not, but for one reason or another they have not.

[Coops]

The biggest problem? It's Philadelphia! They do that to American citizens too so don't feel picked on.

[tunibrou]

Something doesn't sound right here. Ignore all text and messages by email. If it isn't a mailed letter (maybe even certified?) it is not legit...... So this new ICE claim is something new and may or be not a reason to have your LTCF revoked.

In retrospect, I should have waited for the official letter in the mail but in a moment of desperation decided to comply as soon as possible. As a migrant, one has the mentality of not opposing the authorities even if they are wrong... guess I played straight into their hand?

The email came from Permitium and the phone number that sent the message is (+1) 856-644-1242. After a quick google search on that number found several posts related to firearms, including a Reddit post where someone showed its PA LTFC approval. I concluded that is was probably very real, although I still concur with you, mail or didn't happen.

[tunibrou]

You are right Coops, a neighbor told me something that stuck:

"My friend, to sue the Government is the most American thing you could ever do! feel proud and welcome to the club" Hehe gotta love his sense of humor.

[tunibrou]

You should get back in touch to one of your four lawyers or even better find a new one who specializes in 2A law and talk about your options.

Out of the 4 lawyers I spoke with back in April 2023 when the PICS denial episode occurred, 3 were immigration attorneys and 1 was a well-known 2A attorney that I had met here through recommendations. The LTCF was still valid then. I got the impression that the immigration attorneys did not know anything about 2A, even less 2A applied to a non-US citizen. On the other hand, 2A attorney knew his gun law, as expected, but did not know anything about immigration.

Bottom line, neither of them grasped the whole situation. The current lawyer who is representing me on the appeal belongs to a bigger group of attorneys, so perhaps I'll get a better experience this time.

[jthrelf]

Unfortunately I can't offer any help beyond what you know, just want to say good luck and I hope you get this straightened out soon with minimal cost.

Ironic there's this post and then this article:
https://www.foxnews.com/politics/jud...cond-amendment

Except you've followed all legal channels.