Pennsylvania State Police

Lethal Weapons Training Act Hearings

The Act is found at 22 P.S. §41 - 50. The Act requires that all privately employed agents who shall carry lethal weapons in the course of their duty such as watchmen, guards, detectives, protective patrols and investigators shall complete a 'training program prescribed by the Commissioner of the Pennsylvania State Police and meet certain minimum requirements as set by the Commissioner. Regulations implementing the Act and setting standards for certification appear at 37 Pa. Code Chapter 21. The Act also provides certification of schools and instructors to teach the training program and the regulations also set the standards for instructors and schools.
 
37 Pa. Code §21.51 -21.61 provides for administrative adjudications in cases of adverse determinations, essentially when any application for certification is denied, or an existing certification is suspended or revoked for cause.
 
Hearings are conducted by a hearing examiner in accordance with I Pa. Code Chapter 31 except as specifically modified by 37 Pa. Code §21.51 -21.61. A report is issued to the Commissioner who makes a final determination which is appealable to Commonwealth Court under 42 Pa.C.S. §763(a)(1).
 
Hearings are held at 8002 Bretz Drive, Harrisburg, PA 17112. Approximately, 48 hearings are scheduled per calendar year on average.

Common terms include:

Act 235 (Two Thirty Five) - This refers to the Lethal Weapons Training Act. 235 Card - A certification issued to an agent under the Act.
 
Disqualifying Criminal Offense - Convictions that prohibit possession of firearms under either federal or state law.
 
PFA - Protection from Abuse Order.
 
Certified Agent - A privately employed agent who possesses a current and valid certification from the Commissioner.
 
Other common terms are defined at 37 Pa. Code §21.1.
 
Lethal Weapons - Include but are not limited to, firearms and other weapons calculated to produce death or serious bodily harm. A concealed billy club is a lethal weapon.
 
Chemical "Mace" or any similar substance shall not be considered as a lethal weapon for the purposes of the Act. A non-concealed billy club is also a lethal weapon.

Programatic questions should be addressed to:

Ms. Judy Herr
Administrative Officer 1
Lethal Weapons Program
8002 Bretz Drive
Harrisburg, PA 17112
(717) 346-4087

Municipal Police Officers’ Education and Training Commission Hearings

The Act is found at 53 P.S. §2161 - 2164. The Act establishes a Commission to create and oversee an education and training program for municipal police officers and requires that all municipal police officers shall complete a training program prescribed by the Commission and meet certain minimum requirements as set by the Commission. Regulations implementing the Act and setting standards for certification appear at 37 Pa. Code Chapter 203. The Act also provides certification of schools and instructors to teach the training program and the regulations also set the standards for instructors and schools.
 
37 Pa. Code §203.101 -203.103 provides for administrative adjudications in cases of adverse determinations, essentially when any application for certification is denied, or an existing certification is suspended or revoked for cause. Hearings are also provided if a cadet is caught cheating on a test and expelled.
 
Hearings are conducted by a hearing examiner in accordance with 1 Pa. Code Chapter 31 except as specifically modified by 37 Pa. Code §203.103 A report is issued to the Commission who makes a final determination by majority vote which is appealable to Commonwealth Court under 42 Pa.C.S. §763(a)(1). The Executive Director of the Commission is a Pennsylvania State Police Major and the day to day administration of the program is performed by State Police Employees. The Executive Director is represented at all hearings by attorneys from the Office of Chief Counsel, Pennsylvania State Police.
 
Hearings are held at 8002 Bretz Drive, Harrisburg, PA 17112 or such other location designated by the Commission. On average there are about 3 hearings per year.

Common terns include:

Act 120 (one twenty) - This refers to the Municipal Police Officer's Education and Training Act.
 
120 Card - A certification issued to a Municipal Officer.
 
Disqualifying Criminal Offense - Convictions for which more than one year imprisonment can be imposed.
 
Other common terms are defined at 37 Pa. Code §203.1. In-service Training – Annual refresher and new subject training.

Programmatic questions should be addressed to:

Ms. E. Beverly Young
Administrative Officer 3
Municipal Police Officer's Education and Training Program
8002 Bretz Drive
Harrisburg, PA 17112
(717) 346-7764

Pennsylvania Instant Check System Hearings

The Uniform firearms Act is found at 18 Pa.C.S. 0101 et seq. The Act, among other things, establishes an instant check system to do a criminal history background check on potential firearms purchasers and applicants for licenses to carry at section 6111.1. Regulations implementing the Act and providing a mechanism to challenge a denial based on criminal history appear at 37 Pa. Code Chapter 33.121. The Attorney General entertains appeals from challenges that are denied under his authority over criminal history record information at 18 Pa.C.S. §9161.
 
Hearings are conducted by an administrative law judge provided by the Office of Attorney General following the model of 1 Pa. Code Chapter 31, except as specifically modified by case law that applies the Pennsylvania Rules of Evidence as if it were a trial. An order of the administrative law judge is final and is appealable to Commonwealth Court under 42 Pa.C.S. §763(a)(1). The Commissioner of the State Police is represented at all hearings by attorneys from the Office of Chief Counsel, Pennsylvania State Police.
 
Hearings are held at Office of the Attorney General Strawberry Square, Harrisburg, PA 17120 or such other location designated by the Attorney General. On average there are about 50 hearings per year.

Common terms include:

PICS (picks) - Pennsylvania Instant Check System
 
CHRIA (cree-yuh) - Criminal History Record Information Act

Programmatic questions should be addressed to:

Thomas J. Rozman Assistant Counsel
1800 Elmerton Ave.
Harrisburg, PA 17110
(717) 783-5568
 
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