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Luzerne County Sheriff: Sorry for inconvenience

ne1

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What a great opportunity to OC until the "inconvenience" is lifted!

http://www.timesleader.com/news/Sheriff_limiting_gun_applications_01-02-2009.html
Because of county personnel cuts, the Luzerne County Sheriff’s Department will not accept gun permit applications for two weeks.

Sheriff Michael Savokinas sent out a press release Friday saying he needs to revamp the department since county officials announced staff cuts to help balance the budget.

“We apologize for any inconvenience this may cause and thank you for your patience during this time of transition,” Savokinas said. His directive is in effect until Jan. 19.

A deputy and a civilian, both part-timers, oversaw the gun permit division in the department, accepting applications every week day until they were laid off. They were among 20 part-time employees and three full-time clerks in the sheriff’s office who lost their jobs during county layoffs that took effect Thursday.
 

ne1

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I am wondering how the sheriff intends to comply with PAUFA Section 6109(g) during this period?
Grant or denial of license.-Upon the receipt of an application for a license to carry a firearm, the sheriff shall, within 45 days, issue or refuse to issue a license on the basis of the in­vestigation under subsection (d) and the accuracy of the information contained in the applica­tion. If the sheriff refuses to issue a license, the sheriff shall notify the applicant in writing of the refusal and the specific reasons. The notice shall be sent by certified mail to the applicant at the address set forth in the application.
Will the sheriff deny the application to exercise a right that "shall not be questioned" per the state constitution because he does not have enough staff to provide the appropriate answers?
 

Citizen

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Sounds like an opportunity to push for changing the law to where the sheriff has to issue a temporary license on the 45th day if he cannot refuse the license on statutory grounds.
 

Thundar

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Eveybody should just open carry everywhere in Luzerne County. Let 'em choke on processing their permission slips.

IIRC this delay is not the first in PA. Didn't they have a COmputer change out that required a no NICS sale period?

Rights delayed are rights denied. Seems like they are getting pretty comfortable denying firearms rights in PA.
 

ne1

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Thundar wrote:
IIRC this delay is not the first in PA. Didn't they have a COmputer change out that required a no NICS sale period?

Rights delayed are rights denied. Seems like they are getting pretty comfortable denying firearms rights in PA.

You are correct that this is not the first such thing. Seems there is an ongoing effort to stretch the envelope and see what will be tolerated.The PICS shutdown did not last long enough to see its day in court, though. Would be interesting if someone filed suitin the present case since the Luzerne county court itself has refused to comply with budget cuts.

Anyhow, I agree that everyone should just carry openly for the duration of this crisis.
 

SP101

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ne1 wrote:
Thundar wrote:
IIRC this delay is not the first in PA. Didn't they have a COmputer change out that required a no NICS sale period?

Rights delayed are rights denied. Seems like they are getting pretty comfortable denying firearms rights in PA.

You are correct that this is not the first such thing. Seems there is an ongoing effort to stretch the envelope and see what will be tolerated.The PICS shutdown did not last long enough to see its day in court, though. Would be interesting if someone filed suitin the present case since the Luzerne county court itself has refused to comply with budget cuts.

Anyhow, I agree that everyone should just carry openly for the duration of this crisis.

The only problem with this is......if you need to drive anywhere, you need a LTCF. Open Carry is ok as long as you don't need to get where you are going by car.

This is where Pa. law sucks, in that you need the license to get around.
 

ne1

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SP101 wrote:
The only problem with this is......if you need to drive anywhere, you need a LTCF. Open Carry is ok as long as you don't need to get where you are going by car.

This is where Pa. law sucks, in that you need the license to get around.
Well, I guess this is why I rarely visit Luzerne county (nor many other places). I've decided that I don't really 'need' to go there. Inconcept I believethat requiring a permit to carry in a vehicle is an unconstitutional infringement but my lonely opinion won't do much to move the powers that be to change things. Meantime, I'll focus on supporting my local economy.
 

Carnivore

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I reckon ya'll can just revert back to the next available law on the books, which may very well be the constitution of the U.S., Thats awesome, luzerne county ccw is on free play, I mean it's not like they can put your constitutional rights on hold, they just put their process on hold..
 

ne1

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A conviction for violating any provision of the UFA could disqualify a person from possessing firearms:
§6119. Violation Penalty.

Except as otherwise specifically provided, an offense under this subchapter constitutes a misdemeanor of the first degree.

AFAIK the sheriff is not exempt.
 

TFred

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ne1 wrote:
I am wondering how the sheriff intends to comply with PAUFA Section 6109(g) during this period?
Grant or denial of license.-Upon the receipt of an application for a license to carry a firearm, the sheriff shall, within 45 days, issue or refuse to issue a license on the basis of the in­vestigation under subsection (d) and the accuracy of the information contained in the applica­tion. If the sheriff refuses to issue a license, the sheriff shall notify the applicant in writing of the refusal and the specific reasons. The notice shall be sent by certified mail to the applicant at the address set forth in the application.
Will the sheriff deny the application to exercise a right that "shall not be questioned" per the state constitution because he does not have enough staff to provide the appropriate answers?
It would be really cool if I could just write a memo declaring my intent, and then be able to discriminantly break the law for two weeks at a time. I wonder what I would do? Hmm.....

TFred
 
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