Denied Your PA Gun Permit? Fighting an LTCF Denial Based on an Arrest Record
Receiving a denial for your PA License to Carry Firearms (LTCF) is frustrating, especially when your criminal record comes into question. However, an arrest isn’t a conviction. So, if you have never been convicted of the crime used against you, the denial can be fought. You have no conviction, and that’s your most powerful legal tool.
In Pennsylvania, a permit can be denied if the applicant is believed to have a “character and reputation” that implies they are “likely to act in a manner dangerous to public safety.” This provision is broad, and it can’t be legally used to circumvent a non-conviction. So, how can a Pittsburgh criminal lawyer help?
No Conviction, No Prohibition
When the License & Inspection (L&I) Board treats an arrest as a conviction, they are fundamentally misapplying the law. The defense strategy relies on proving this error in the court of law.
Immediate Appeal to the Court of Common Pleas
When denied an LTCF, the timeline is critical. You generally have a strict 30-day deadline from the date of receiving the denial notice to file your appeal. Missing this deadline can permanently foreclose your right to challenge the decision.
The court will hear the appeal ‘de novo’, which means they will start afresh. They don’t just review the Board’s decision but conduct an entirely new hearing. This allows your Pittsburgh criminal lawyer to present evidence and testimony to the judge.
How a Lawyer Successfully Defends the Claim
A successful defense in this scenario focuses on two main pillars. Let’s take a closer look at them.
Pillar 1: Legal Facts
The main goal is to present irrefutable documentation demonstrating the absence of a disqualifying crime.
The Pittsburgh criminal lawyer will obtain the certified court disposition for the charge. This document is the smoking gun, proving that the case was dismissed or withdrawn, or resulted in a ‘not guilty’ verdict.
Since the applicant wasn’t convicted of any felony, they are legally eligible for the permit. An arrest, by itself, is generally not a statutory bar to carrying a firearm.
Pillar 2: Character Evidence
Since the issuing authority is likely relying on the broad character and reputation clause, the defense must aggressively prove you’re a law-abiding, responsible citizen.
The Pittsburgh criminal lawyer will build a powerful case around your current life, including:
- Character reference letters from employers, friends, and neighbors.
- Stable employment and residence documentation.
- Explanation of the arrest.
By clearly showing the lack of a conviction and overwhelmingly proving your good character, an experienced lawyer can compel to reversal of the denial. They can ensure the issuing authority grants you the LTCF.
If you’re involved in a dangerous trade, a firearm is crucial for ensuring your own protection. So, a denial of the LTCF can lead to future problems. And if the board treats your arrest as a conviction, it’s crucial to seek out the services of a seasoned lawyer who specializes in PA firearm laws.
At Logue Law Group, we will make sure your arrest record doesn’t become a mark on your character. The Second Amendment gives you the right to carry a firearm, and we protect your rights. For a free consultation and expert legal help, reach out to us at sean@seanlogue.com today.