For the Defense - Vol. 7, Issue 3 - 19

includes a field for information that is not required-two
non-family references. In fact, LTCF applicant information
is confidential and not subject to public disclosure.15
As
a result, it is strictly unlawful for the licensing authority
to contact any listed references. As of this writing, most
sheriffs do not require the " References " section of Form
SP 4-127 be completed, and Philadelphia has agreed to
a permanent injunction precluding it from requiring
references.16
The license itself contains a photograph of the licensee
and typical identifying and demographic information
such as: name, address, DOB, height, weight, race, sex,
and citizenship.17
The license also contains the signature
of the issuing sheriff, a unique license number with
a county location code, a telephone number for the
Pennsylvania State Police (PSP), the reason for issuance
of the license, and the period the license is valid.18
Once
issued, the licensee receives the original license and the
PSP and issuing sheriff each retain a copy for a period of
seven years.
Who Can Obtain a License to Carry Firearms?
A sheriff shall issue a LTCF within 45 days of receiving
the application unless good cause exists to refuse the
license based on the investigation or the accuracy of the
information on the application.19
There are fourteen
categories of individuals to whom an LTCF shall not be
issued.20
They are, a person who: (1) has a character
(2) has been
and reputation such that they would be likely to act
in a manner dangerous to public safety;21
convicted of an offense under the Controlled Substance,
Drug, Device and Cosmetic Act (CSDDCA); (3) has been
convicted of a crime enumerated at 18 Pa.C.S. § 6105(b);
(4) has been adjudicated delinquent of an offense
under the CSDDCA or enumerated at § 6105(b), within
the last ten years; (5) is not of sound mind or have
been involuntarily committed to a mental institution;
(6) is addicted to or an unlawful user of marijuana,22
or a
stimulant, depressant, or narcotic drug; (7) is a habitual
drunkard; (8) is charged with or has been convicted23
of a
crime punishable by imprisonment for a term exceeding
one year;24, 25
(9) is a resident of another state and has not
been issued a comparable license by their home state if
such a license exists under the laws of that state; (10) is
an alien illegally in the U.S.; (11) has been dishonorably
discharged from the armed forces; (12) is a fugitive from
justice;26
(13) is otherwise prohibited from the possession,
use, purchase, etc. of firearms; or (14) is prohibited from
the possession or acquisition of a firearm by the laws of
the U.S.
It is important to note that these fourteen categories
are more comprehensive, and more restrictive, than the
categories of persons who are prohibited from the purchase
and possession of firearms. For example, an individual
convicted of a first offense of knowingly or intentionally
possessing a controlled or counterfeit substance by a
person not registered under the Controlled Substance,
Drug, Device, and Cosmetic Act,27
would be prohibited
applying for or obtaining an LTCF, but not prohibited from
the purchase or possession of firearms. This is because
as a first offense, § 780-113(a)(16) is a misdemeanor for
which an individual could be sentenced to a term of
imprisonment not exceeding one year. Thus, it is clearly
not a crime punishable by a term of imprisonment of more
than two years as would be required to impose a disability
as to firearms under federal law,28
nor is it an enumerated
offense under § 6105(b) to trigger the disability as to
firearms under state law.29
It is, however, an offense under
the CSDDCA, a conviction for which will always make the
individual ineligible for an LTCF, regardless of its grading
or potential penalty.30
When an application is submitted, the sheriff will,
as part of their investigation, conduct a Pennsylvania
Instant Check System (PICS) background check. If the PICS
background check returns a denial response, the sheriff
must notify the applicant in writing by certified mail31
and
the applicant can challenge the determination through
the same procedure as if the transfer of a firearm had
been denied.32
If the sheriff denies the application on the
basis that the applicant's character and reputation is such
that they would be likely to act in a manner dangerous to
public safety, they must make the same notification to the
applicant, stating the specific basis, not simply the legal
authority.33
An applicant denied on this basis can appeal
to the Court of Common Pleas in the district where the
applicant resides.34
Similar to the issuance of an LTCF, a license may be
revoked by the issuing authority for good cause and
shall be revoked for any of the aforementioned fourteen
reasons if any occur during the term of the license.35
A
sheriff is again required to send a written notice of
revocation by certified mail to the licensee, stating the
specific reason for the revocation.36
Within five days
of receiving the notice of revocation, the licensee must
surrender the license to the issuing authority. The licensee
can appeal this revocation to the Court of Common Pleas
of the county where the licensee resides, however, such
an appeal does not toll the revocation, and the individual
is not entitled to the benefits of the license during the
pendency of the appeal.37
Be Wary
Two of the most common mistakes that we see made
on a day-to-day basis, are (1) individuals applying for
a license knowing that they have an incident in their
background, and not knowing the impact of that incident
Vol. 7, Issue 3 l For The Defense 19
For the Defense - Vol. 7, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 7, Issue 3
