Go Back   Maryland Shooters > The Neighborhood > Pennsylvania
Don't Have An Account? Register Here

Join MD Shooters

Reply
 
Thread Tools Display Modes
Old July 13th, 2015, 11:54 AM #11
boundlessdyad boundlessdyad is offline
Senior Member
 
Join Date: Apr 2013
Location: HoCo
Posts: 17,097
boundlessdyad boundlessdyad is offline
Senior Member
 
Join Date: Apr 2013
Location: HoCo
Posts: 17,097
Quote:
Originally Posted by CypherPunk View Post
(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.
(ii) An individual who has been convicted of an offense under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(iii) An individual convicted of a crime enumerated in section 6105.
(iv) An individual who, within the past ten years, has been adjudicated delinquent for a crime enumerated in section 6105 or for an offense under The Controlled Substance, Drug, Device and Cosmetic Act.
(v) An individual who is not of sound mind or who has ever been committed to a mental institution.
(vi) An individual who is addicted to or is an unlawful user of marijuana or a stimulant, depressant or narcotic drug.
(vii) An individual who is a habitual drunkard.
(viii) An individual who is charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year except as provided for in section 6123 (relating to waiver of disability or pardons).
(ix) A resident of another state who does not possess a current license or permit or similar document to carry a firearm issued by that state if a license is provided for by the laws of that state, as published annually in the Federal Register by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury under 18 U.S.C. § 921(a)(19) (relating to definitions).
(x) An alien who is illegally in the United States.
(xi) An individual who has been discharged from the armed forces of the United States under dishonorable conditions.
(xii) An individual who is a fugitive from justice. This subparagraph does not apply to an individual whose fugitive status is based upon nonmoving or moving summary offense under Title 75 (relating to vehicles).
(xiii) An individual who is otherwise prohibited from possessing, using, manufacturing, controlling, purchasing, selling or transferring a firearm as provided by section 6105.
(xiv) An individual who is prohibited from possessing or acquiring a firearm under the statutes of the United States.
(3) The license to carry a firearm shall be designed to be uniform throughout this Commonwealth and shall be in a form prescribed by the Pennsylvania State Police. The license shall bear the following:
(i) The name, address, date of birth, race, sex, citizenship, height, weight, color of hair, color of eyes and signature of the licensee.
(ii) The signature of the sheriff issuing the license.
(iii) A license number of which the first two numbers shall be a county location code followed by numbers issued in numerical sequence.
(iv) The point-of-contact telephone number designated by the Pennsylvania State Police under subsection (l).
(v) The reason for issuance.
(vi) The period of validation.
(4) The sheriff shall require a photograph of the licensee on the license. The photograph shall be in a form compatible with the Commonwealth Photo Imaging Network.
(5) The original license shall be issued to the applicant. The first copy of the license shall be forwarded to the Pennsylvania State Police within seven days of the date of issue. The second copy shall be retained by the issuing authority for a period of seven years. Except pursuant to court order, both copies and the application shall, at the end of the seven-year period, be destroyed unless the license has been renewed within the seven-year period.
(f) Term of license.--
(1) A license to carry a firearm issued under subsection (e) shall be valid throughout this Commonwealth for a period of five years unless extended under paragraph (3) or sooner revoked.
(2) At least 60 days prior to the expiration of each license, the issuing sheriff shall send to the licensee an application for renewal of license. Failure to receive a renewal application shall not relieve a licensee from the responsibility to renew the license.
(3) Notwithstanding paragraph (1) or any other provision of law to the contrary, a license to carry a firearm that is held by a member of the United States Armed Forces or the Pennsylvania National Guard on Federal active duty and deployed overseas that is scheduled to expire during the period of deployment shall be extended until 90 days after the end of the deployment.
(4) Possession of a license, together with a copy of the person's military orders showing the dates of overseas deployment, including the date that the overseas deployment ends, shall constitute, during the extension period specified in paragraph (3), a defense to any charge filed pursuant to section 6106 (relating to firearms not to be carried without a license) or 6108 (relating to carrying firearms on public streets or public property in Philadelphia).
(g) Grant or denial of license.--Upon the receipt of an application for a license to carry a firearm, the sheriff shall, within 45 days, issue or refuse to issue a license on the basis of the investigation under subsection (d) and the accuracy of the information contained in the application. If the sheriff refuses to issue a license, the sheriff shall notify the applicant in writing of the refusal and the specific reasons. The notice shall be sent by certified mail to the applicant at the address set forth in the application.
(h) Fee.--
(1) In addition to fees described in paragraphs (2)(ii) and (3), the fee for a license to carry a firearm is $19. This includes all of the following:
(i) A renewal notice processing fee of $1.50.
(ii) An administrative fee of $5 under section 14(2) of the act of July 6, 1984 (P.L.614, No.127), known as the Sheriff Fee Act.
(2) (Expired).
(3) An additional fee of $1 shall be paid by the applicant for a license to carry a firearm and shall be remitted by the sheriff to the Firearms License Validation System Account, which is hereby established as a special restricted receipt account within the General Fund of the State Treasury. The account shall be used for purposes under subsection (l). Moneys credited to the account and any investment income accrued are hereby appropriated on a continuing basis to the Pennsylvania State Police.
(4) No fee other than that provided by this subsection or the Sheriff Fee Act may be assessed by the sheriff for the performance of any background check made pursuant to this act.
(5) The fee is payable to the sheriff to whom the application is submitted and is payable at the time of application for the license.
(6) Except for the administrative fee of $5 under section 14(2) of the Sheriff Fee Act, all other fees shall be refunded if the application is denied but shall not be refunded if a license is issued and subsequently revoked.
(7) A person who sells or attempts to sell a license to carry a firearm for a fee in excess of the amounts fixed under this subsection commits a summary offense.
(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.

Source: http://www.legis.state.pa.us/WU01/LI...1.009.000..HTM

It appears as if there may be ambiguity as to term "issued", as well as an option to enforce, i.e. "may" take action.

This is probably something that should be called to the attention of http://forum.pafoa.org/
Adams County appears to have no interest in enforcing this ambiguous section of the law. Glad I went to Adams County.

Sent from my SM-G900V using Tapatalk
boundlessdyad is offline   Reply With Quote
Old July 13th, 2015, 12:33 PM #12
gre24ene's Avatar
gre24ene gre24ene is online now
Senior Member
 
Join Date: Mar 2012
Posts: 1,450
gre24ene gre24ene is online now
Senior Member
gre24ene's Avatar
 
Join Date: Mar 2012
Posts: 1,450
I received a call from a SGT Williams of the Adams Co. Sheriffs office approximately 1 week after my MD permit expired and said I had 7 days to mail him a copy of my new permit. He was very professional and called me once he received a copy of my new permit and said I was GTG.
gre24ene is online now   Reply With Quote
Old July 13th, 2015, 12:51 PM #13
swinokur's Avatar
swinokur swinokur is offline
In a State of Denial
 
Join Date: Apr 2009
Location: Nunya County
Posts: 45,333
swinokur swinokur is offline
In a State of Denial
swinokur's Avatar
 
Join Date: Apr 2009
Location: Nunya County
Posts: 45,333
It appears to be discretionary and the sheriff's seem to be doing due diligence to ensure that non resident PA permit holders are in compliance with PA law as they interpret it. As the issuing authority I'd guess they are on firm legal footing but IANAL.

I agree the word "issued" seems open to interpretation.
__________________
swinokur is offline   Reply With Quote
Old July 13th, 2015, 01:01 PM #14
gre24ene's Avatar
gre24ene gre24ene is online now
Senior Member
 
Join Date: Mar 2012
Posts: 1,450
gre24ene gre24ene is online now
Senior Member
gre24ene's Avatar
 
Join Date: Mar 2012
Posts: 1,450
Also the Sergeant from Adams County told me to be sure to update my address with them if I move.
gre24ene is online now   Reply With Quote
Old July 13th, 2015, 01:11 PM #15
boundlessdyad boundlessdyad is offline
Senior Member
 
Join Date: Apr 2013
Location: HoCo
Posts: 17,097
boundlessdyad boundlessdyad is offline
Senior Member
 
Join Date: Apr 2013
Location: HoCo
Posts: 17,097
Quote:
Originally Posted by gre24ene View Post
I received a call from a SGT Williams of the Adams Co. Sheriffs office approximately 1 week after my MD permit expired and said I had 7 days to mail him a copy of my new permit. He was very professional and called me once he received a copy of my new permit and said I was GTG.
Good info. Different than what they told me.
Quote:
Originally Posted by swinokur View Post
It appears to be discretionary and the sheriff's seem to be doing due diligence to ensure that non resident PA permit holders are in compliance with PA law as they interpret it. As the issuing authority I'd guess they are on firm legal footing but IANAL.

I agree the word "issued" seems open to interpretation.
I agree.
Quote:
Originally Posted by gre24ene View Post
Also the Sergeant from Adams County told me to be sure to update my address with them if I move.
I just did update via fax with them. Painless. Only need a new card if I want one.

Sent from my SM-G900V using Tapatalk
boundlessdyad is offline   Reply With Quote
Old July 16th, 2015, 03:49 PM #16
welder516's Avatar
welder516 welder516 is offline
Deplorable Welder
 
Join Date: Jun 2013
Location: Welding Shop in Wuhan
Posts: 13,749
welder516 welder516 is offline
Deplorable Welder
welder516's Avatar
 
Join Date: Jun 2013
Location: Welding Shop in Wuhan
Posts: 13,749
Quote:
Originally Posted by steves1911 View Post
Just got a call from york county sheriffs office regarding my Md carry permit expiration. Since PA will only give a non resident permit to someone who has a permit from their home state when you renew your Md permit you must mail a copy of your new Md permit to Pa to avoid having your Pa permit suspended/ revoked. The officer was very friendly and said most dont know about this and he has over 700 Md residents he needs to call and that they will now be handing out a pamphlet with this info on it when you get your Pa permit to avoid having to call so many people. Im sure I cant be the only one on here that didnt know so hopefully this helps some others.
Same thing happened to me , yes the department was very friendly . He gave me approx. 1 week to mail the color pictures from my permit and driver's lic.

And i never knew this until it happened to me .
__________________
"Oz never didn't give nothing to the Tin-man"

Iron Sharpens Iron
welder516 is offline   Reply With Quote
Old July 18th, 2015, 10:22 PM #17
ivwarrior's Avatar
ivwarrior ivwarrior is offline
Member
 
Join Date: Jul 2010
Posts: 282
ivwarrior ivwarrior is offline
Member
ivwarrior's Avatar
 
Join Date: Jul 2010
Posts: 282
Quote:
(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:
(ix) A resident of another state who does not possess a current license or permit or similar document to carry a firearm issued by that state if a license is provided for by the laws of that state, as published annually in the Federal Register by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury under 18 U.S.C. § 921(a)(19) (relating to definitions).

(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.
What's ambiguous? When you strip out the parts that don't apply, the law clearly states a license SHALL BE revoked.... The same would apply to someone who gets an LTCF as a PA resident, then moves out of state and can't/doesn't get a permit from their new state of residence.
__________________
If you're going to fight, fight like you're the third monkey on the ramp to Noah's Ark. And it's raining, brother.
ivwarrior is offline   Reply With Quote
Old July 19th, 2015, 06:02 AM #18
swinokur's Avatar
swinokur swinokur is offline
In a State of Denial
 
Join Date: Apr 2009
Location: Nunya County
Posts: 45,333
swinokur swinokur is offline
In a State of Denial
swinokur's Avatar
 
Join Date: Apr 2009
Location: Nunya County
Posts: 45,333
well that's not ambiguous for sure, thank you for clarifying.
__________________
swinokur is offline   Reply With Quote
Old July 19th, 2015, 06:39 AM #19
Minuteman Minuteman is offline
Member
 
Join Date: Dec 2009
Location: Maryland, let's make it a better place.
Posts: 20,509
Minuteman Minuteman is offline
Member
 
Join Date: Dec 2009
Location: Maryland, let's make it a better place.
Posts: 20,509
I thought this thread was going to be an announcement that the mess in PA was over. Unfortunately it's about the continuing infringements.

in·fringe
inˈfrinj/
verb
actively break the terms of (a law, agreement, etc.).

synonyms: contravene, violate, transgress, break, breach; More
act so as to limit or undermine (something); encroach on.
"his legal rights were being infringed"
synonyms: restrict, limit, curb, check, encroach on;



The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Minuteman is offline   Reply With Quote
Old July 19th, 2015, 07:25 AM #20
Brooklyn's Avatar
Brooklyn Brooklyn is offline
I stand with John Locke.
 
Join Date: Jan 2013
Location: Plan D? Not worth the hassle.
Posts: 12,889
Brooklyn Brooklyn is offline
I stand with John Locke.
Brooklyn's Avatar
 
Join Date: Jan 2013
Location: Plan D? Not worth the hassle.
Posts: 12,889
Yes pa is subject to a
Legal challenge on this.
Esp now that UT is not honored.
__________________
If one seeks light, you must avoid heat.

New motto for Baltimore contest winner???

Baltimore : It's not as f..ked as you think....

Liberty is NOT a loophole.

Thanks for a great slogan...now window stickers.
Brooklyn is offline   Reply With Quote
Reply

  Home Page > Forum List > The Neighborhood > Pennsylvania


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -4. The time now is 07:59 PM.


Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
© 2019, Congregate Media, LP Privacy Policy Terms of Service