Report Pennsylvania LTCF Application Abuses!

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Gray Peterson

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Lynnwood, Washington
Folks, I had a rather disturbing read over at packing.org in regards to Delaware County's LTCF issuance issues. It would appear that with the reference check, the deputy who's in charge of LTCF issuance outed the applicant as a LTCF applicant, which may result in the applicant losing his job or having undue scrutiny. Pennsylvania makes LTCF applications completely private except to law enforcement, and the deputy violated this majorly.

Indeed, there are multitude of reports of violations of law, from sheriffs flat out refusing to issue to non-residents even if they have a home state permit, requiring SSN disclosure (Declared illegal under the Stollenwerk case in US District Court), requiring references, illegally contacting the employer and disclosing application status, illegal fingerprinting in Philadelphia, open carry harassment throughout South Eastern Pennsylvania, you name it.

Well, I received an email from Kim Stolfer, who is part of the three largest firearms groups in Pennsylvania, and he has encouraged me to post his email for all to read:

Dear Lonnie,

Thank you for bringing to our attention the situation in Delaware County
concerning the implementation of concealed carry permits by the sheriff. It
is unfortunate that those charged with enforcing law routinely ignore it and
all too often violate it.

Your analysis of the situation in regard to the implementation of
Pennsylvania law in connection with the permissible time to act on a request
for concealed carry permit is accurate. No matter how you read the statute
you cannot discern any intent to by the legislature to impose the business
day criteria into the law. For the sheriff to dictate this requirement is in
and of itself violating the law and is punishable by a misdemeanor 1
criminal violation under Section 6119. I will also call your attention to
the requirement to provide references which also is not in the law.

Perhaps the greatest violation is accurately portrayed by you as the
revelation by the sheriff's deputy that this employee of the company is
seeking a concealed carry permit. This clearly is gone beyond a reasonable
intent to check the background of an individual seeking a concealed carry
permit and this to is a criminal offense punishable by a misdemeanor 1
criminal violation of law.

Now to the meat of the issue, for an individual to receive satisfaction on
these violations requires them to be willing to stand up and be counted.
This would mean that they would take this matter to their elected
legislators and then if need be to the courts. For instance, a writ of
mandamus could be filed by an individual seeking to compel the sheriff to
abide by the law. The essence of all of this is that the individual that is
it aggrieved needs to be willing to stand up and be counted. This is why we
advocate that gun owners need to be politically active within their
communities. Recently we forced the Allegheny County Sheriff, because of our
political connections, to finally start sending out notices of expiration
the concealed carry permit holders within the county. Our political activity
provided us the context necessary to avoid expensive litigation that many
times on gun issues is a crapshoot.

I also agree with your assessment that many counties do not accurately
manage the concealed carry permit system. Please remember there are 67
counties in Pennsylvania and the answer perhaps lies within clarifying
legislation at the state level. We're working on a landmark grouping of
pro-gun proactive pieces of legislation that encompass not solely the
current craze called the castle doctrine but also a ban on firearms
registration empowering concealed carry for hunters empowering concealed
carry for government employees, changing section 912 of title 18 to protect
concealed carry holders who transported child to school. If we could get
enough individuals to provide to loss of the recounts and difficulties with
County Sheriff's in these regards we could craft an amendment that could be
inserted on the floor that could end the manipulation of legislative intent
in the issuance of concealed carry permits.

Please feel free to post my comments to this form to encourage those who
have been abused to contact me. If interested individuals would like the
sections of law please let me know or have them e-mail me directly and I
will forward that information to them.

We try to do everything we can to help gun owners with difficulties but
please understand that our resources are not infinite and that we will need
help as well from them and our constituency at large. I look forward to your
input and continued communication in this matter.

Take care!

Kim Stolfer
ACSL, Legislative Committee, Chairman
www.acslpa.org
FOAC, Chairman
www.foac-pac.org
PSA, Legislative Committee, Vice-Chairman
(412) 221-3346, Home Phone
(412) 257-1099, Home Fax
(412) 352-5018, Cell
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You can also
email him as well. Please use the subject line: PA LTC Abuses!

Folks, Pennsylvania's Sheriff's Departments, along with Philadelphia PD, has so far been able to make everyone comply with their illegal demands. The more documentation that Mr. Stolfer has, the more he can give this information to the Legislature to fix. However, as gun owners with LTCF's or plans to apply for one, I encourage all of you to FIGHT any illegal requirements.

Good luck, folks.
 
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