CCW Denial? Really?

[unloved]

...I read the statutes, and looked like I am fine for a LTCF in this state.

Having said that, they way I read the law, they still are required to give me a LTCF, being that we are shall-issue.

I also feel like if they are simply not following the state law...

As much as I'm disgusted by it, a denial under the character clause (as we call it around here) is within state law. It's a catchall that we need to get rid of.

I also thought my FL permit was just fine to carry on, so I will continue to do just that.

It is. Carry on.

[Philbert]

Personally I think you’re cooked. The issuing authority has the right to deny
based on reputation and character. You admitted to illegal activity not too long ago.

(d) Sheriff to conduct investigation.-The sheriff to whom the application is made shall investigate the applicant's record of criminal convictions, shall investigate whether or not the applicant is under indictment for or has ever been convicted of a crime punishable by imprisonment exceeding one year, shall 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 and shall investigate whether the applicant would be precluded from receiving a license under subsection (e)(1) or section 6105(h) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) and shall conduct a criminal background, juvenile delinquency or mental health check following the procedures set forth in section 6111 (relating to firearm ownership).

At this point I would consider not posting any more information about other carry permits and past activity. Contact a lawyer.

They do not have unlimited authority to deny because they don't like your character. The character clause is not supposed to be about morality, it's about public safety. They can only deny if your character suggests you are likely to be dangerous. Unfortunately the drug warrior idiocy that dominates politics in this country might well lead the appeals board to conclude that someone who smoked a joint in college is a danger to public safety.

[God's Country]

They do not have unlimited authority to deny because they don't like your character. The character clause is not supposed to be about morality, it's about public safety. They can only deny if your character suggests you are likely to be dangerous. Unfortunately the drug warrior idiocy that dominates politics in this country might well lead the appeals board to conclude that someone who smoked a joint in college is a danger to public safety.

Precisely my point.

They asked. The OP replied. IMO the OP is screwed.

I still would get a lawyer and fight it however.

[Philbert]

[/B]

Precisely my point.

They asked. The OP replied. IMO the OP is screwed.

I still would get a lawyer and fight it however.

Yep. The character clause is an attempt to salvage "may issue" by the back door, and the anti-freedom authorities will do everything in their power to make it the "undesirable character" clause.

[markheck1]

They do not have unlimited authority to deny because they don't like your character. The character clause is not supposed to be about morality, it's about public safety. They can only deny if your character suggests you are likely to be dangerous. Unfortunately the drug warrior idiocy that dominates politics in this country might well lead the appeals board to conclude that someone who smoked a joint in college is a danger to public safety.

Didn't we have one as President?

[zackattack784]

I DO NOT HAVE AN URGE TO LIE TO LAW ENFORCEMENT WHEN PENALTIES INCLUDE JAILTIME.

While I wouldn't encourage anyone to lie to the police, LEO's can and do lie to people all the time, without any legal repercussions. Therefore, I have no qualms about shutting up and refusing to answer any of their questions.

ETA: AFAIK there could be legal repercussions for lying on the LTCF app form, but are there any consequences for lying during one of these Philly "interviews?"

[Searcher67]

Well, forgive me for sounding stupid, but it says right on the application that giving inaccurate information can result in denial of permit and possible arrest and conviction. I can't say I'd be a real big fan of either.

As far as smoking dope, I was never caught, and I'm not going to lie about it. It is what it is. I don't anymore, and I don't have the urge to, but the last thing I need is something coming back from my past to haunt me, and rather than simply get denied, I could get denied, arrested, and convicted for a five-year old crime. Thanks, but no thanks. I also understand PA to be a shall-issue state - I was under the impression that they MUST give me a license if I meet the requirements.

As far as drawing my weapon, there was a police report filed. Last I checked, in the Great State of Missouri, drawing a weapon to prevent the commission of a felony is not illegal. No shots fired, burglary prevented. That's a textbook example of a good ending.

On a slightly off-topic note - is there any reason I cannot carry on my FL permit right now?

-L.

You never got caught? So, what are they going to do , go back in time and test you? Are your friends gonna say, "Oh, hell yeh he smoked doobies like a freight train!"

You used your weapon in defense, which I believe is the reason that you want a carry license in the first place.

[soberbyker]

~~SNIP~~ I also understand PA to be a shall-issue state - I was under the impression that they MUST give me a license if I meet the requirements.

~~SNIP~~


On a slightly off-topic note - is there any reason I cannot carry on my FL permit right now?

-L.

I have no idea why you would disclose any information that is not any of their business.

As a PA resident you cannot carry with a FL LTCF.

PA is a shall issue state, you are correct, however once you admitted to stuff that precludes you from getting one otherwise you no longer "met the requirements"

A Pa resident can carry on a permit/license from a reciprocal state without a Pa LTCF as already noted, a question of legality may come for someone who was denied in Pa for a LTCF still carrying on the reciprocal state permit/license.

.

[unloved]

Well, forgive me for sounding stupid, but it says right on the application that giving inaccurate information can result in denial of permit and possible arrest and conviction. I can't say I'd be a real big fan of either.

There are no questions regarding past drug use, or whether you've ever drawn your firearm, on the approved application.

[Willie D]

Isn't there a drug use question on the application to buy a handgun? How did you get around that one?


They aren't going to interview everyone you've ever met to find out if you ever smoked pot, but they sure as hell will flunk you if you bring it up in the questionaire.