New PA License to Carry Firearms Application

Recently, the Pennsylvania State Police (PSP) published a new version of the PA License to Carry Firearms (LTCF) Application, designated SP 4-127 (10-2012). The previous version was designated SP 4-127 (10-2008).

The revised application has some interesting changes: First, Place of Birth has been added as question 7b., as compared to being question #29 on the previous version. Everything remains the same, until you come to the yes/no questions. Question 30 is now an overall question, with subsets of A. through J. Previously, all yes/no questions were their own number (31 – 37). Also, the ordering of the questions has changed (30A. = #37; 30B. = # 34; 30C. = #31; 30D. = #33; 30E. = #35; 30F. = #36; 30G. = #32; and 30H. = #39, #31 = #38; #32 = 40).

There are two new questions 30I. and 30J. 30I. inquires “Are you a fugitive from justice? This does not apply to moving or nonmoving summary offenses under Title 75 (relating to motor vehicles).” 30J. inquires “Are you prohibited from possessing or acquiring a firearm under the statutes of the United States.”

Another interesting change is the removal of the language “(READ INFORMATION ON BACK PRIOR TO ANSWERING)” from many of the questions. On the previous SP 4-127 (10-2008), this language appears on #31, 32, and 33 but on the current SP 4-127 (10-2012) only appears on question 30C. (which correlates to the previous question # 31). I can only wonder if the removal of this language can now provide an individual with an argument that the PSP failed to give him/her notice that further information relating to the potential disability was listed on the back of the form and that the PSP previously believed this information was important enough to list on the face of the application.

The last change is to previous question #34 (current question 30B.) Previously, the language reflected “(ALL DRUG-RELATED CONVICTIONS WILL PROHIBIT LICENSING, UNDER SECTION 6109 RELATING TO LICENSES).” That language has been changed to “(AS PROVIDED IN 18 PA.C.S. § 6109(e)(1)(II), ANY PENNSYLVANIA DRUG CONVICTION UNDER THE CSDDCA IS PROHIBITING FOR A LICENSE TO CARRY)“.

It will be interesting to see how quickly the different Sheriff Departments throughout Pennsylvania will begin using the new form. There is already a post on www.PAFOA.org stating that the individual went to the Bucks County Sheriff’s Department with the new filled out form and was told “They upgraded the form online but not in the computer system. You need to fill out this one (one on the counter).”

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8 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

8 responses to “New PA License to Carry Firearms Application

  1. MJAllen77

    The Sheriff in Northumberland and Montour county are also using the new CCW form and a brand new requirement that required each FFL holder must get a “permit to sell guns” from each CLEO in PA –

    The Montour county Sheriff this was just new rule send down last week – I’m looking into details

    Mark allen

    Like

    • Mark,

      Thanks for the response. It is nothing new that the CLEO (generally the Sheriff does this) must issue a license to sell firearms. Section 6113 and Section 6112 provide that any person or entity that desires to sell firearms must procure a license to sell firearms from “The chief or head of any police force or police department of a city, and, elsewhere, the sheriff of the county.” It has been my experience that generally the Sheriff always issues the license, as local PDs, if one exist, don’t know what to do and defer to the sheriff. It has been on the books, with some minor amendments over time, since 1972.

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  2. Greg Rotz

    The question about (and requirement to provide a copy of) any out of state licenses is gone as well.

    Like

  3. anon

    So, if I was to have plead guilty to simple possession of marijuana in south carolina, but not pennsylvania, would i be disqualified from renewing my license?

    Like

    • The courts have not addressed this issue; however, based upon the plain language of the statute, it would not seem to prohibit you. Nevertheless,there are no guarantees.

      Like

      • anon

        Due to the specific wording on the form, do I need to answer yes to question B(csddca), or am I within legal right to answer no?

        Like

    • anon

      By my reading, both “(AS PROVIDED IN 18 PA.C.S. § 6109(e)(1)(II), ANY PENNSYLVANIA DRUG CONVICTION UNDER THE CSDDCA IS PROHIBITING FOR A LICENSE TO CARRY)“.

      And the wording on the back of the form that states “…or equivalent statue of any other state, that may be punishable by a term of imprisonment exceeding two years”

      tells me that they don’t have a specific legal right to deny my renewal application, right?

      Like

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