Prohibiting offenses

[comfuture]

Is A conviction of 18 Pa.c.s. 2701 considered a prohibiting offense. After reading the current law on this subject, I am a little confused. Any help decoding this information would be greatly appreciated. Additionally, I obtained a PICS challenge form and after reading the prohibitions, Specifically Item #2. Which states: Charged with or convicted of a crime punishable by imprisonment for a term exceeding one year, NOT INCLUDING offenses pertaining to antitrust, unfair trade practices, restraints of trade, or regulation of business; OR STATE OFFENSES CLASSIFIED AS MISDEMEANORS AND PUNISHABLE BY A TERM OF IMPRISONMENT NOT TO EXCEED TWO YEARS. My understanding is that a misdemeanor of the second degree is punishable by a term not to exceed two years. Again any help any one can give would be appreciated. Thanks

[danp]

If you have a PICS challenge form does that mean you were denied a purchase? If so it would seem that PA thinks you are prohibited.

Perhaps one of our board lawyers can chime in with some unofficial advice, but your best bet is most likely to obtain a lawyer to have those questions answered.

One piece of advice I can give for now is: Until you know, stay away from firearms, that's not a headache you want.

[comfuture]

Dan, Thanks for the reply. No I have not been turned down. I obtained a copy of the form off the PICS web site. I'm trying to gather info before I apply to purchase a firearm.

[jerkin]

How can it be "Charged with" a crime? Anyone can be charged with a crime, that doesn't make it so.

[sjl127]

This is a FEDERAL law issue.

Federal law says, that if, you have been convicted of ANY crime (violent or white collar) which is punishable by a prison term 1 year or more, in any court, REGARDLESS IF YOU HAVE RECEIVED A SMALLER SENTENCE, game over.

[knight0334]

Originally Posted by sjl127

This is a FEDERAL law issue.

Federal law says, that if, you have been convicted of ANY crime (violent or white collar) which is punishable by a prison term 1 year or more, in any court, REGARDLESS IF YOU HAVE RECEIVED A SMALLER SENTENCE, game over.

I think that also reads "except State misdemeanor convictions."

Just about any drug violation will make you a prohibited person whether felony or misd.. State misdemeanors of (2) years, Federal misdemeanors of (1) year, felonies, mental disabilities, and PFA orders will prohibit you too. Also, a pending warrant and charges in the legal process will too. A pardon, or expungement/record sealing of a conviction - but your firearm rights were NOT restored will hold you back too.

[comfuture]

In response to ( jerkin ) The reason for the phrase "charged with" is that when you are arrested and charged with a crime, that information is immediately sent to the PSP and the FBI. If you are not convicted of the crime, you may petition the court to have that arrest record expunged; however, if you are convicted those records can not be expunged in PA unless you have reached the age of seventy and had no more convictions within the last ten years or you have been dead for at least three years. In response to ( sjl127 ) I understand the federal law States that "any crime punishable by imprisonment exceeding one year" SS 6102 Definitions States that the term does not include any of the following: (1) Federal or state offenses pertaining to antitrust, unfair trade practices, restraints on trade or regulation of business. (2) State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years. Thanks for the responses. Any other info anyone may have I would be glad to hear it. Thanks

[knight0334]

Originally Posted by comfuture

In response to ( jerkin ) The reason for the phrase "charged with" is that when you are arrested and charged with a crime, that information is immediately sent to the PSP and the FBI. If you are not convicted of the crime, you may petition the court to have that arrest record expunged; however, if you are convicted those records can not be expunged in PA unless you have reached the age of seventy and had no more convictions within the last ten years or you have been dead for at least three years. In response to ( sjl127 ) I understand the federal law States that "any crime punishable by imprisonment exceeding one year" SS 6102 Definitions States that the term does not include any of the following: (1) Federal or state offenses pertaining to antitrust, unfair trade practices, restraints on trade or regulation of business. (2) State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years. Thanks for the responses. Any other info anyone may have I would be glad to hear it. Thanks

If you've been arrested in the past, and charges were drop or you were found not guilty - its possible to get red flagged at the PICS call (first hand experience with that). I had to do some explaining on a denial once.. I knew what it was that held things up, so I provided copies of things and proof that I wasn't convicted of things. My calls still go to operator everytime, but they do get approved after they see there was a reversal letter issued for the thing that was red flagged.

[comfuture]

Thanks ( knight0334 ) My problem is that the city of philadelphia, which is where the arrest occured, Has no record of any arrest or conviction. However the state says that they have an arrest in philadelphia from 1991. The problem I'm having is that Philadelphia has issued me a finding of "NO RECORD" from both the clerk of quarter sessions and the Philadelphia PD. The State says that they need a letter from the judge stating the outcome of the case. So I contacted the judges office directly and they informed me that they have no record of the case and that they cannot inform anyone in regards to a matter that they have no knowledge of. I'm kind of in a catch 22 here. I'm Trying to gather as much info on this as I can myself, Before I contact an attorney, to try and keep my legal costs to a minimum. Thanks again for your response.

[sjl127]

Originally Posted by comfuture

city of philadelphia

Shenanigans.