PA Shall Issue...Right?

Discussion in 'Legal' started by jonnyc, Sep 8, 2020.

  1. jonnyc

    jonnyc Member

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    I was just looking through my Montgomery Cty. Sheriff's page and noticed this:
    "If the PICS check is approved and the subject is of good character, the sheriff may issue a License to Carry Firearms."
    I don't recall seeing it before. Shouldn't that read shall issue?
    Is this his mistake, or am I reading too much into the "legalese"?
     
  2. v35

    v35 Member

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    23 Pa.C.S § 6109 (d) describes the Sheriff's responsibilities. If an applicant meets the criteria specified under that part the Sheriff shall issue a license.

    Paragraph (h) states a license may be denied on the basis of the investigation conducted under that part.
    Whether your Montgomery Cty. Sheriff's page should be corrected or not is a question for a judge or legislator to determine but I believe it's a moot point.
     
  3. lemaymiami

    lemaymiami Member

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    Learned more than I ever wanted to know about local government in my years in law enforcement... Just because there's a law on the books - getting and keeping it enforced might take some doing (and a lawyer or two - and of course the money to fund their response on your behalf...).

    That same principle goes up and down government in my experience... The best quick example I can think of is how our current president has been treated since he was elected in 2016.. Wish it weren't so...

    No I'm not a member of any particular political party - but my politics are probably somewhere to the right of Attila the Hun...
     
  4. George Dickel

    George Dickel Member

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    Atilla was a sissy!
     
  5. ilbob

    ilbob Member

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    there is no law that says he has to tell the truth about the situation, but it is a good bet if you apply for a license you will be issued it if you are not prohibited from getting one.

    I would not get real excited about what their web site says.
     
  6. jonnyc

    jonnyc Member

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    Not excited or worried.....I have previously renewed my LTC here, but that was under a previous sheriff. I was just reading up in anticipation of my next renewal and noticed the odd wording.
     
  7. lemaymiami

    lemaymiami Member

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    Nothing like finding out the hard way... Seriously, hope that the new sheriff obeys your state's laws. These days, from what I see on the tube - that's not a given at all...
     
    P5 Guy and danmc like this.
  8. Craig_VA
    • Contributing Member

    Craig_VA Contributing Member

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    I fear you are getting caught by the difference between legal and general conversational definitions. The sheriff's web site uses may to indicate he is allowed to. His staff is, I am sure, quite aware that Penn. is a shall-issue state, and will comply easily if all criteria are met by an applicant.
     
  9. Landric

    Landric Member

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    Interestingly, Montgomery Co PA issued me a LTC as a non-resident entirely through the mail. This was in the late 90s, before LEOSA and before reciprocity was what it is now. I traveled to PA semi-regularly and wanted to be able to carry. Most counties in PA either wouldn’t issue to non-residents or required in-person application and/or pickup.

    I renewed it once, I don’t remember how many years it was good for, maybe four? Before it expired again LEOSA happened and I didn’t need the permit anymore.
     
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