Failed PICS check, need some help

[BklynKnight]

Evening all,
Last week I went to buy my 6th gun, it was a M&P15, really nice, filled out the form and found out I was denied. So I took the chanllege form, filled it out and mailed it out. Now I wasnt worried, passed the check 5 times before and also have my CCW so I figured it was a mistake.

Letter came today saying I was convicted of a misdeameanor in NYC back in 94 and I could of gotten more then a year in prison, hell I could of gotten life in prison but that wasnt the case, does it really matter what I could of gotten but what I did get and what the max was? Now I never lied when I filled out any forms before, I did get in trouble back in 94, but it was'nt a felony and why did I pass the background checks all this time before?

I don't want to put down what I did, but I did get 6 months, that was the max, and served 4months and that was the end of it, if you want more info send me a email and I'll fill you in, but what I like to know is what is my next course of action, is there a lawyer in the North Hampton area that I could talk to and find out how I can fight this?

I live in Mount Bethel, North Hampton PA

Thank you

[markheck1]

dude without specifics, it's kinda hard to advise you, don't sound good though

[PisnNapalm]

I strongly suggest you read about Pa firearms laws. Specifically section 6105 here: http://paopencarry.org/uniform-firearms-act#6105

I believe that any offense involving illegal drugs is a prohibiting offense in Pa. Since you won't say what it was, I'm guessing that drugs might be involved. Most misdemeanors should not be disqualifying unless they could have a jail sentence of a year or more.


Someone with more knowledge better chime in here. I hope I have my facts right.

[BklynKnight]

Well it was attempted arson in the 4th degree, which I plead guilty to, max was 6months and I served 4months. Which is a misdemeanor, and it was fireworks, ny doesnt have a fireworks charge I guess, did my time and went back into the Military

[PisnNapalm]

That wasn't so hard was it?

[PisnNapalm]

I wonder if the problem is that "attempted arson" is defined differently here in Pa than NY...

I can't find a law relating to attempted arson here in Pa.

[BklynKnight]

That is the point, the letter talked about my NY record and that was over 17 years ago, so now why would it be a problem now, and what can I do about it, I would like to talk to a lawyer about this. And the link you posted says something about going to court to get it cleared up

[PisnNapalm]

Found this relating to arson in NY. http://ypdcrime.com/penal.law/article150.htm

I find nothing related to "attempted arson"... just arson.

http://law.onecle.com/new-york/penal/part3.ti.a150.html

§ 150.05 Arson in the fourth degree.
1. A person is guilty of arson in the fourth degree when he recklessly
damages a building or motor vehicle by intentionally starting a fire or
causing an explosion.
2. In any prosecution under this section, it is an affirmative defense
that no person other than the defendant had a possessory or proprietary
interest in the building or motor vehicle.
Arson in the fourth degree is a class E felony.

http://ypdcrime.com/penal.law/article70.htm

(e) For a class E felony, the term shall be fixed by the court, and
shall not exceed four years.

Arson of the fifth degree is a misdemeanor... http://ypdcrime.com/penal.law/article150.htm#150.01

S 150.01 Arson in the fifth degree.
A person is guilty of arson in the fifth degree when he or she
intentionally damages property of another without consent of the owner
by intentionally starting a fire or causing an explosion.
Arson in the fifth degree is a class A misdemeanor.

After more digging... I found this... http://ypdcrime.com/penal.law/article110.htm

S 110.05 Attempt to commit a crime; punishment.
An attempt to commit a crime is a:
1. Class A-I felony when the crime attempted is the A-I felony of
murder in the first degree, criminal possession of a controlled sub-
stance in the first degree or criminal sale of a controlled substance in
the first degree;
2. Class A-II felony when the crime attempted is a class A-II felony;
3. Class B felony when the crime attempted is a class A-I felony
except as provided in subdivision one hereof;
4. Class C felony when the crime attempted is a class B felony;
5. Class D felony when the crime attempted is a class C felony;
6. Class E felony when the crime attempted is a class D felony;
7. Class A misdemeanor when the crime attempted is a class E felony;
8. Class B misdemeanor when the crime attempted is a misdemeanor.

http://ypdcrime.com/penal.law/article70.htm

S 70.15 Sentences of imprisonment for misdemeanors and violation.
1. Class A misdemeanor. A sentence of imprisonment for a class A
misdemeanor shall be a definite sentence. When such a sentence is
imposed the term shall be fixed by the court, and shall not exceed one
year; provided, however, that a sentence of imprisonment imposed upon a
conviction of criminal possession of a weapon in the fourth degree as
defined in subdivision one of section 265.01 must be for a period of no
less than one year when the conviction was the result of a plea of
guilty entered in satisfaction of an indictment or any count thereof
charging the defendant with the class D violent felony offense of
criminal possession of a weapon in the third degree as defined in
subdivision four of section 265.02, except that the court may impose any
other sentence authorized by law upon a person who has not been
previously convicted in the five years immediately preceding the
commission of the offense for a felony or a class A misdemeanor defined
in this chapter, if the court having regard to the nature and
circumstances of the crime and to the history and character of the
defendant, finds on the record that such sentence would be unduly harsh
and that the alternative sentence would be consistent with public safety
and does not deprecate the seriousness of the crime.

I dunno if this helps... I know people here can point ya in the right direction for a good attorney. Or... Somewhere here on the forums is a thread that lists some recommended lawyers. Give that a whirl. Good luck man.

[BklynKnight]

well hope I can talk to a good lawyer or figure out why they are stopping me now after 5 guns and a License to carry background check.
Thanks thou

[West Chester]

Whats a CCW?