License to Carry Firearms – Denials and Revocations
Unfortunately, in Pennsylvania, the issuing authority, generally the Sheriff (unless in the City of Philadelphia, where it is the Chief of Police), has substantial deference in granting a License to Carry Firearms (“LTCF”), pursuant to the “character and reputation” clause. As an individual’s character and reputation are not defined in the law, it permits different issuing authorities to interpret what constitutes sufficient “character and reputation” inconsistently with other issuing authorities.
However, the issuing authority’s deference is not limitless and we can often amicably resolve the problem with the issuing authority. Furthermore, based on precedent that Chief Counsel Joshua Prince set, the Commonwealth Court declared that an issuing authority may not simply deny an LTCF on the basis of “character and reputation” without providing the underlying basis for the applicant’s character and reputation being insufficient.
Applicants can also be denied because they are prohibited under the law from either obtaining an LTCF or being able to possess firearms and ammunition. While it is possible for an individual to be eligible to purchase a firearm but be ineligible to obtain a license to carry, the analysis to determine whether or not an individual is prohibited is complex and the Pennsylvania State Police (“PSP”) frequently incorrectly informs the issuing authority that the applicant is prohibited when the applicant is eligible.
It is important to note that while you have 30 days to appeal a denial or revocation of an LTCF, if your license has been revoked, you only have 5 days to surrender your license from receipt of notice.
Whether your LTCF was denied/revoked under the “character and reputation” clause or because the PSP contends that you are prohibited, it is imperative that you obtain competent counsel to represent you in any appeal and ensure that all the proper bases are pled in the appeal. Failure to plead necessary and applicable bases will result in waiver of those arguments.
Our attorneys have substantial experience in successfully fighting LTCF denials/revocations and erroneous PSP denials, as well as, amicably resolving denials/revocations with issuing authorities.
If you have been denied an LTCF, your renewal was denied, or your license was revoked, contact us today to discuss your rights and options.