Friend's stepdad denied LTCF Allegheny county

[cyclops24]

Ok guys, it was not a false medical claim like we all thought. I really don't want to put his business out there so I will just give you a run down on what happened at court.

The county denied his LTCF regarding something that came up in his background but it was not insurance fraud and not criminal. The state presented its case and the judge said that it should not have been denied and didn't know why it went as far as it did. However at the end, he made no decision because he said the blemish needs to be removed from the record to avoid any further problems and until that is done, he would not rule on the case. He basically said, if you get it removed then I will rule in your favor.

Sorry for the confusion and my fault for not getting the whole story before posting.

[jerkin]

Sorry but that's a bullshit call. Either he is eligible or he isn't unless it's something that they can invoke the character clause on, which it doesn't seem like it is. The judge needs to quit being such a pussy and/or trying to get more money into the system and give a legal ruling.

I don't know if you realize what it will take to get his record cleared, unless he got ARD it's got to go through a lengthy (read years) process which is very expensive (read thousands of dollars) from what I understand. Without ARD or PWV a judge can not just clear his record.

[gnbrotz]

What a pansy ass judge and poor excuse for a jurist. Expungements can take years.

Imagine being on trial for murder and having the potential ability to affect the verdict since the jury can't really make up their mind.

How the fuck can you simply NOT rule on a case?!? At least if the judge had ruled against him he would have had a clear ability to go on with the appeal process. But now....???

Any input from the resident legal minds?

[cyclops24]

It wasn't a criminal act that causing the concern....so no ARD. Someone abused the system getting him caught up in something he shouldn't have been and once they realized what had happened, he was cleared. But it is still on the record as having happened so that is why he was denied. Based on what it is, I do understand where the Sherriff's dept was coming from however I don't think they looked into and just denied it.

It is a similar situation to the females that abuse the fact they can get a PFA against anyone without any facts to reason for it to be granted and having a judge granted just because they asked for one.

Shit like this irritates me about the system. We have people abusing the system and getting people involved in things they shouldn't have. Yet,we can have these career criminals out on parole with monitoring that have guns when they shouldn't along with them doing drug deals and executing a police officer. It is absolutely mind boggling to me. Obama talks about change, how about a change in the system we have in place because it is failing.

[shermdo]

filing a false medical claim is fraud. fraud is a kind of larceny, just like stealing a car.

i vote no license.

A felony is a felony. I agree no license unless there is more to the story. I am sorry that that may be harsh but mistakes in life do have consequences.

[Pennywise]

A felony is a felony. I agree no license unless there is more to the story. I am sorry that that may be harsh but mistakes in life do have consequences.

B.S.!!!

Man's law has no bearing on God given rights.

PERIOD!

And who the fuck are you to stand in judgement of anyone???

[Bmaninmifco]

A felony is a felony. I agree no license unless there is more to the story. I am sorry that that may be harsh but mistakes in life do have consequences.

Could you please point out to me where it states in any Constitution that it says this.
Seriously I would like to know where it says that after you have served your debt to society that you are no longer a free man and you must give up your rights.

[RoyJackson]

First of all, we do not know the WHOLE story.

Second of all, even if this is the truth, and he DID indeed file a false claim. And EVEN if for ONE second I agree with you that a false med claim is the same as grand theft auto,WHICH IT IS NOT, can you show me where in that old piece of worthless tissue called the CONSTITUTION it says that those who have stolen are excluded from the second amendment.

Last I checked, even if your charged with rape, you do not lose your 1st amendment, freedom of speech. . . .
Why do you lose the 2nd, right to bear arms???????

Although I agree with some of your comments, don't confuse an issued license (therefore a privilege, like driver's licenses) with a constitutional right. If the gentleman in question was denied his right to carry openly, then you'd have a point.
So, concealled carry is not a right, open carry (in PA) is a right.

This comment is directed at this specific post, and not the thread in general.

[jerkin]

Although I agree with some of your comments, don't confuse an issued license (therefore a privilege, like driver's licenses) with a constitutional right. If the gentleman in question was denied his right to carry openly, then you'd have a point.
So, concealled carry is not a right, open carry (in PA) is a right.

This comment is directed at this specific post, and not the thread in general.

Your point is moot because the license is bullshit in the first place. Please show me where the constitution says you must have a license to partake in a God given, constitutionally protected right. Do you need a license to practice free speech or to be free from unreasonable search and seizures or to not incriminate yourself?

Way too many people in this country take their rights and freedoms too lightly in this day and age which is exactly what gives the government the power and ability to limit them in the first place.

[RoyJackson]

Your point is moot because the license is bullshit in the first place. Please show me where the constitution says you must have a license to partake in a God given, constitutionally protected right. Do you need a license to practice free speech or to be free from unreasonable search and seizures or to not incriminate yourself?

Way too many people in this country take their rights and freedoms too lightly in this day and age which is exactly what gives the government the power and ability to limit them in the first place.

I don't disagree with the "God Given Rights" comments, but this thread is about a person being denied an LTCF.
As far as a total right to carry when and how one wishes, that's a matter to take up with the legislature and courts. Some politicians (Schumer of NY is a good example) maintain that rights can be restricted. I'd like to know how he justifies that statement, but the courts have upheld restrictions on rights Again, I don't see the justifications here.
Anyway, my point is not moot, as you wrote. The post discussed the context of one post in this thread. You may not like it, but LTCF's are, legally, not a right. You have a problem with that, take it up with your local state representative and senator.
BTW, I'm all for Vermont style carry laws...