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Thread: Question about Beaver County LTCF

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    Question about Beaver County LTCF

    I am getting ready to move to Beaver County PA and the Sheriffs website says that I have to live in Beaver County for 90 days before I submit the application? Does anybody know what the law is on this? I tried to find it but the only thing I can find is that you have to apply in the county that you are a resident in, Unless you are applying for a non resident LTCF. I looked at a few other County Sheriff's website and nothing is mentioned about having to live in an area for x amount of days. I have my VA Permit so I am OK to carry and transport but why do I have to wait the 90 days to apply?

    Thanks

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    Quote Originally Posted by labteche View Post
    I am getting ready to move to Beaver County PA and the Sheriffs website says that I have to live in Beaver County for 90 days before I submit the application? Does anybody know what the law is on this? I tried to find it but the only thing I can find is that you have to apply in the county that you are a resident in, Unless you are applying for a non resident LTCF. I looked at a few other County Sheriff's website and nothing is mentioned about having to live in an area for x amount of days. I have my VA Permit so I am OK to carry and transport but why do I have to wait the 90 days to apply?

    Thanks
    There is nothing in the law that says that. That is an illegal requirement put in place by the sheriff. I moved to Beaver County, and had only had my PA license for a couple of weeks when I got my first PA LTCF about 6 years ago.

    If the sheriff gives you a hard time, you can ask him to cite the law requiring residence for that long.

    Also, there is no place on the form where you have to say that you have been a resident of Beaver County for 90 days.

    Hope this helps.

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    Quote Originally Posted by badey View Post
    There is nothing in the law that says that. That is an illegal requirement put in place by the sheriff. I moved to Beaver County, and had only had my PA license for a couple of weeks when I got my first PA LTCF about 6 years ago.

    If the sheriff gives you a hard time, you can ask him to cite the law requiring residence for that long.
    Citing actual law to back up what Badey stated:
    http://www.pacode.com/secure/data/00...r95/s95.2.html

    ß 95.2. Residence requirements.

    (a) Resident defined. A resident is a person who resides, and who has manifested the intent to continue to reside in this Commonwealth or a former resident of this Commonwealth who meets the criteria in paragraph (2)(i) or (ii).
    (1) Evidence of intent to continue to reside in this Commonwealth includes the following:
    (i) Rent, lease or purchase of a property which the applicant has made a primary residence in this Commonwealth.
    (ii) Payment of State and local taxes.
    (iii) Registration of personal property, such as bank accounts, stocks, and bonds and automobiles within this Commonwealth.
    (iv) Possession of a current Pennsylvania driverís license.
    (v) Current registration to vote in this Commonwealth.
    (2) Former residents of this Commonwealth who relocated out-of-State for academic or employment purposes, shall establish Pennsylvania residency within 6 months of beginning employment in the classified service and shall have done one of the following:
    (i) Graduated from a public, private or nonpublic secondary school in this Commonwealth within 5 years of applying for a position in the classified service.
    (ii) Attended a public, private or nonpublic school in this Commonwealth at least 80% of the time while enrolled in grades one through twelve and attended the school within 5 years of applying for a position in the classified service.
    (b) Application. Application requirements are as follows:
    (1) Persons appointed, promoted or reinstated to positions in the classified service shall be legal residents of this Commonwealth, unless residency has been waived. The provisions in this paragraph do not apply to persons who previously held regular civil service status and are returned to employment from an approved leave of absence without pay or through mandatory reemployment or contractual recall or placement rights.
    (2) The Director, upon submission by an appointing authority of satisfactory justification, may limit certification for appointment or promotion to eligibles who are residents of a county or other administrative district. The limitations will not be imposed for a class for which residence in this Commonwealth has been waived.
    (3) In the absence of, or upon exhaustion of, a county or other administrative district list, the Director may certify residents of contiguous counties or districts or of the entire Commonwealth as deemed appropriate by the Director.
    (4) If an eligible changes residence from one district or county to another district or county of this Commonwealth, the Director may, upon request, transfer the personís eligibility to the other existing promotion or employment list.
    (c) Waiver. When it appears that there is an inadequate supply of well qualified residents of this Commonwealth available for a particular occupation, the Director, upon request by one or more appointing authorities, may waive the residency requirement for a position, a class or a group of classes.

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    Made ya say "beaver"

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    Quote Originally Posted by labteche View Post
    I am getting ready to move to Beaver County PA and the Sheriffs website says that I have to live in Beaver County for 90 days before I submit the application? Does anybody know what the law is on this? I tried to find it but the only thing I can find is that you have to apply in the county that you are a resident in, Unless you are applying for a non resident LTCF. I looked at a few other County Sheriff's website and nothing is mentioned about having to live in an area for x amount of days. I have my VA Permit so I am OK to carry and transport but why do I have to wait the 90 days to apply?

    Thanks
    Submit the application - demand they accept it - send my registered mail, whatever it takes. Then oif denied for 90 day violation, bring an action in local court and haul the Sheriff into Court. He will not like it. Ask Greg Rotz.

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    Regular Member david.ross's Avatar
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    I believe a good first step would be to contact the Sheriff's office in regards to what is listed on their website. If required, then proceed to submit an application, get denied, then go to court.

    Clearing up confusion starts at the source, don't just sink your claws in to people.

    I've attempt to give the Sheriff's office a call in the morning. In the mean time, I'll contact you via PM.

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    Quote Originally Posted by david.ross View Post
    I believe a good first step would be to contact the Sheriff's office in regards to what is listed on their website. If required, then proceed to submit an application, get denied, then go to court.

    Clearing up confusion starts at the source, don't just sink your claws in to people.

    I've attempt to give the Sheriff's office a call in the morning. In the mean time, I'll contact you via PM.
    I agree with your point. However, I wouldn't expect to get anywhere with that approach. I contacted the sheriff about his refusal to issue nonresident LTCFs. It took a long time to get a response (via email, it was over a month, and I had to send reminder emails a few times). They still do not issue nonresident LTCFs, because it is too much work for their computer system... whatever that means.

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    Regular Member david.ross's Avatar
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    Quote Originally Posted by badey View Post
    I agree with your point. However, I wouldn't expect to get anywhere with that approach. I contacted the sheriff about his refusal to issue nonresident LTCFs. It took a long time to get a response (via email, it was over a month, and I had to send reminder emails a few times). They still do not issue nonresident LTCFs, because it is too much work for their computer system... whatever that means.
    Then they're not acting lawful and this issue needs to be brought up with legislators. I should also mention due to an act which was passed, a person must appear in person for a non-resident LTCF. The Center County Sheriff's used to be the go to place for non-resident LTCF permits. http://www.co.centre.pa.us/sheriff/l...pplication.asp

    If sheriff's aren't issuing non-resident LTCF permits, the proper way would be to have legislators enforce limits on their funding if they do not issue permits.

  9. #9
    Regular Member david.ross's Avatar
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    Updating this thread with a response from the sheriff's office

    The sheriff's office stated they believe the sheriff has discretion to say who is a resident. Clearly this goes against the laws of the Commonwealth, passed by the General Assembly.

    I called my local representative's office which they did some legwork and stated while the residency requirements are in the state laws, the only way to take care of this would be through the courts. I find this very unfortunate the sheriff is not following state law, under 3109 which creates a statewide standard for LTCF applications.

    Given the stories published by the local news where Sheriff David has been accused of committing unlawful actions before, this does not surprise me. Apparently he drew his gun out and pointed it at a reporter in a heated argument.
    http://www.wpxi.com/news/news/local/...-gun-hi/nMbcw/

    As a group dedicated to law abiding activities and society, we should assist and help labteche get his permit upon moving. There are several methods to help him without impacting his own funds, whether by pooling a group of funds together or by requesting financial assistance from one of the national gun organizations. I know couple of fantastic lawyers who are very friendly, professional, and work with such groups.

    I encourage labteche to take a stand, since I'm sure the only thing wasted would be time. I'd move to beaver county myself if I could to stand up for the community.

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    Quote Originally Posted by david.ross View Post
    Updating this thread with a response from the sheriff's office

    The sheriff's office stated they believe the sheriff has discretion to say who is a resident. Clearly this goes against the laws of the Commonwealth, passed by the General Assembly.

    I called my local representative's office which they did some legwork and stated while the residency requirements are in the state laws, the only way to take care of this would be through the courts. I find this very unfortunate the sheriff is not following state law, under 3109 which creates a statewide standard for LTCF applications.

    .
    What a cop out on the part of the legislator. There are no 'residency requirements'...
    States donít have rights. People do.

  11. #11
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    Quote Originally Posted by mrjam2jab View Post
    What a cop out on the part of the legislator. There are no 'residency requirements'...

    You misunderstood me, I told the legislator's office about the statutes in the state laws. They agreed with me in the residency requirements being in the state laws, which do not specify an amount of time one must spend in state before they are a resident, merely having the intent to stay.

    The legislator's office agreed with me, but there's nothing they can do at the moment. I'm hoping labteche will stand up to the sheriff in court.
    Last edited by david.ross; 07-18-2012 at 08:54 PM.

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    I am guessing that if he comes in with his permanent PA DL, they will not question him as to how long he has resided in beaver county. They never asked me anyway.

    I am willing to help!

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    Regular Member david.ross's Avatar
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    Quote Originally Posted by badey View Post
    I am guessing that if he comes in with his permanent PA DL, they will not question him as to how long he has resided in beaver county. They never asked me anyway.

    I am willing to help!
    To even get a case in court, the sheriff must deny someone for using his unlawful 90 day residency mandate.

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    Update

    Sorry about the delay in follow up, but I applied for my LTCF the day after I moved and received it that day. I just had to update my Drivers License first. I did tell the lady that took my picture/called in the background check that I had just moved the day before and she said "so".

    My only complaint is I look crazy in the photo, because I was talking to her when she took it without any warning.

    Josh

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    Quote Originally Posted by labteche View Post
    Sorry about the delay in follow up, but I applied for my LTCF the day after I moved and received it that day. I just had to update my Drivers License first. I did tell the lady that took my picture/called in the background check that I had just moved the day before and she said "so".

    My only complaint is I look crazy in the photo, because I was talking to her when she took it without any warning.

    Josh
    Aww man. You have to post the pic!
    Glad you got it though!
    "Let your gun be your constant companion during your walks" ~Thomas Jefferson

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