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Thread: Ask the experts

  1. #1
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    My daughters ex has been harrassing her and just last week got in thru her back door and ended up stealing some money from her. She is scared to death of this guy, has had a pfa issued in the past but dropped the charges. Ask the local police for help? yeah, right! Can she legally possess a gun in her home and use it against this guy if he enters without her consent? I will buy her a weapon today and then go through the process of obtaining a LTCF, but for NOW, she needs protection.

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    Why the "ask the local police for help, yeah right" comment? She had a PFA against the guy, but refused to proceed with any charges. Not much the police can do when that happens.

    As long as she can legally be in possession of a firearm, she can have one inside her residence. No need for a LTCF, although it would still be a good idea for her to obtain one.

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    Regular Member jahwarrior72's Avatar
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    dropping the charges was a dumb thing to do. not that a PFA is worth anything more than the paper it's printed on, but at least it would have established a record of events, and if he violates it, and is caught, he will go to jail. if she chooses to not pursue this, then no one else can help her but herself.
    Givin' up the tactical advantage since 2008.

    Ƹ̵̡Ӝ̵̨̄Ʒ

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    My "yeah right" comment was an inappropriate thing to say. Yes, she realizes dropping the charges was a foolish act. The Police were upset that she did so. This guy has hit and stabbed her, is a crack user and unpredictable. Hence, the reason for asap personal protection. Appreciate the replies, as I got the answer I needed.

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    Regular Member MarlboroLts5150's Avatar
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    Steve in PA wrote:
    Why the "ask the local police for help, yeah right" comment? She had a PFA against the guy, but refused to proceed with any charges. Not much the police can do when that happens.

    As long as she can legally be in possession of a firearm, she can have one inside her residence. No need for a LTCF, although it would still be a good idea for her to obtain one.
    +100,000,000

    Get it ASAP.
    "My dedication to my country's flag rests on my ardent belief in this noblest of causes, equality for all. If my future rests under this earth rather than upon it, I fear not."

    -Leopold Karpeles, US Civil War Medal of Honor Recipient

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    Regular Member MarlboroLts5150's Avatar
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    Sorry....Double Tap.
    "My dedication to my country's flag rests on my ardent belief in this noblest of causes, equality for all. If my future rests under this earth rather than upon it, I fear not."

    -Leopold Karpeles, US Civil War Medal of Honor Recipient

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    Since she's your daughter, it would be perfectly legal for you to purchase the handgun and give it to her.

    Make sure she learns how to use the damned thing! (Can't stress that enough.)

    Oh, and kick her in the head for not following through on the PFA. Far too often the abused's dying words might have well been, "But I love him."

  8. #8
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    +++++ I couldn't agree with you more!

  9. #9
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    http://www.acslpa.org/pa_uniform_firearms_act.htm



    (m.1) Temporary emergency licenses.—
    (1) A person seeking a temporary emergency license to carry a concealed firearm shall submit to the sheriff of the county in which the person resides all of the following:
    (i) Evidence of imminent danger to the person or the person's minor child. For purposes of this subparagraph, the term "minor" shall have the same meaning as provided in 1 Pa.C.S. § 1991 (relating to definitions).
    (ii) A sworn affidavit that contains the information required on an application for a license to carry a firearm and attesting that the person is 21 years of age or older, is not prohibited from owning firearms under section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) or any other Federal or State law and is not currently subject to a protection from abuse order or a protection order issued by a court of another state.
    (iii) In addition to the provisions of subsection (h), a temporary emergency license fee established by the Commissioner of the Pennsylvania State Police for an amount that does not exceed the actual cost of conducting the criminal background check or $10, whichever is less.
    (iv) An application for a license to carry a firearm on the form prescribed pursuant to subsection (c).
    (2) Upon receipt of the items required under paragraph (1), the sheriff immediately shall conduct a criminal history, juvenile delinquency and mental health record check of the applicant pursuant to section 6105. Immediately upon receipt of the results of the records check, the sheriff shall review the information and shall determine whether the applicant meets the criteria set forth in this subsection. If the sheriff determines that the applicant has met all of the criteria, the sheriff shall immediately issue the applicant a temporary emergency license to carry a concealed firearm.
    (3) If the sheriff refuses to issue a temporary emergency license, the sheriff shall specify the grounds for the denial in a written notice to the applicant. The applicant may appeal the denial or challenge criminal records check results that were the basis of the denial, if applicable, in the same manner as a denial of a license to carry a firearm under this section.
    (4) A temporary emergency license issued under this subsection shall be valid for 45 days and may not be renewed. A person who has been issued a temporary emergency license under this subsection shall not be issued another temporary emergency license unless at least five years have expired since the issuance of the prior temporary emergency license. During the 45 days the temporary emergency license is valid, the sheriff shall conduct an additional investigation of the person for the purposes of determining whether the person may be issued a license pursuant to this section. If, during the course of this investigation, the sheriff discovers any information that would have prohibited the issuance of a license pursuant to this section, the sheriff shall be authorized to revoke the temporary emergency license as provided in subsection (i).
    (5) The temporary emergency license issued pursuant to this section shall be consistent with the form prescribed in subsection (e)(3), (4) and (5). In addition to the information provided in those paragraphs, the temporary emergency license shall be clearly marked "Temporary."
    (6) A person who holds a temporary emergency license to carry a firearm shall have the same rights to carry a firearm as a person issued a license to carry a firearm under this section. A licensee under this subsection shall be subject to all other duties, restrictions and penalties under this section, including revocation pursuant to subsection (i).
    (7) A sheriff who issues a temporary emergency license to carry a firearm shall retain, for the entire period during which the temporary emergency license is in effect, the evidence of imminent danger that the applicant submitted to the sheriff that was the basis for the license, or a copy of the evidence, as appropriate.
    (8) A person applying for a temporary emergency license shall complete the application required pursuant to subsection (c) and shall provide at the time of application the information required in paragraph (1).
    (9) Prior to the expiration of a temporary emergency license, if the sheriff has determined pursuant to investigation that the person issued a temporary emergency license is not disqualified and if the temporary emergency license has not been revoked pursuant to subsection (i), the sheriff shall issue a license pursuant to this section that is effective for the balance of the five-year period from the date of the issuance of the temporary emergency license. Records and all other information, duties and obligations regarding such licenses shall be applicable as otherwise provided in this section.
    (10) As used in this subsection, the term "evidence of imminent danger" means:
    (i) a written document prepared by the Attorney General, a district attorney, a chief law enforcement officer, judicial officer or their designees describing the facts that give a person reasonable cause to fear a criminal attack upon the person or the person's minor child. For the purposes of this subparagraph, the term "chief law enforcement officer" shall have the same meaning as provided in 42 Pa.C.S. § 8951 (relating to definitions) and "judicial officer" shall have the same meaning as provided in 42 Pa.C.S. § 102 (relating to definitions).
    (ii) a police report.

  10. #10
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    Thank you for taking the time to share this information, much appreciated.

    Walt

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