Pennsylvania Firearm Owners Association
HB80 (Formerly HB 1243, Preemption Law Changes) Is Off to the Governor for Signature!

Thanks to everyone's support of this bill, it has passed a concurrence vote in the House, and is now off to the Governor's desk to be signed. To link to the latest discussion on this effort, CLICK HERE


Go Back   Pennsylvania Firearm Owners Association Discussion Forum > Discussion > General

Notices

General General firearm-related talk that does not fit into any of the other forums.

PAFOA Sponsors Businesses that provide financial and technical support to PAFOA. PAFOA Shopping Partners A percentage of all sales made through these partner links goes to PAFOA.
Arms Dealer Logo

Arms Dealer — Free Firearm Classifieds, Gun Shop & Shooting Range Reviews

Arms Dealer is your one-stop shop for free firearm classifieds, gun shop & shooting range reviews.

Join today to start buying, selling and reviewing!


Reply
 
Thread Tools Display Modes
  #1 (permalink)  
Old November 12th, 2011, 03:13 PM
Junior Member
 
Join Date: Jun 2011
Location:
Robinson Twp., Pennsylvania
(Allegheny County)
Posts: 9
Rep Power: 0
jobo5432 is an unknown quantity at this point
Default Denied purchase, denied appeal... Now what?

Hi everyone,

I posted a thread here a while back about a purchase denial. I know the steps to appeal the denial and everything. I attempted to appeal but without knowing what the reason for the denial (because NOBODY will tell you until the appeals process has concluded), I did not know what extra information I needed to get which could have supported my appeal and most likely had it overturned.

It took nearly six months, but the information I needed to appeal finally came this week. Does anyone know how to restart the process? Should I just walk into a dealer's shop and try to buy again? Is that legal? Is there a period of time I need to wait before it is legal again? Am I permanently prohibited from buying now?

I can't seem to find this information anywhere, so I thought I'd come here and ask. Thank you all!
Reply With Quote

Thanks for visiting our forum! If you ever plan to return you should consider quickly registering for a forum account, especially if you're in Pennsylvania. It's simple to do and best of all free. Once registered you'll be able to participate in our discussions and keep up to date on issues important to Pennsylvania firearm owners!

  #2 (permalink)  
Old November 12th, 2011, 04:53 PM
Xringshooter's Avatar
Grand Member
 
Join Date: Jan 2007
Location:
State College, Pennsylvania
(Centre County)
Age: 61
Posts: 4,034
Rep Power: 59770
Xringshooter has a reputation beyond reputeXringshooter has a reputation beyond reputeXringshooter has a reputation beyond reputeXringshooter has a reputation beyond reputeXringshooter has a reputation beyond reputeXringshooter has a reputation beyond reputeXringshooter has a reputation beyond reputeXringshooter has a reputation beyond reputeXringshooter has a reputation beyond reputeXringshooter has a reputation beyond reputeXringshooter has a reputation beyond repute
Default Re: Denied purchase, denied appeal... Now what?

If you appealed the PICS denial, within the time frame specified (30 days) then you should have received an offical letter from the PSP outlining the exact reason for the denial. Without out knowing the exact reason you were denied it makes it tough to give any advice or tell you where you might have to go or what you might have to do to to get the denial overturned (if possible).

About the challenge: "The PSP will respond in writing within 5 business days of receipt of a properly executed challnge form. You are encouraged to provide additional information for the purpose of review, such a information regarding dispositions on old arrest records, etc. that may be helpful in expediting the challenge process. Within 60 days of receipt of a valid challenge, a final decision will be provided to the challenger."

What to do now, after a 6 month period, I don't know. I'm sure that someone who knows the UFA better than I will reply.
__________________
Ron
USAF Ret E-8
NRA Endowment Member

Last edited by Xringshooter; November 12th, 2011 at 05:07 PM.
Reply With Quote
  #3 (permalink)  
Old November 12th, 2011, 05:03 PM
Grand Member
 
Join Date: Nov 2009
Location:
Harrisburg, Pennsylvania
(Dauphin County)
Posts: 1,888
Rep Power: 10513
MDJschool has a reputation beyond reputeMDJschool has a reputation beyond reputeMDJschool has a reputation beyond reputeMDJschool has a reputation beyond reputeMDJschool has a reputation beyond reputeMDJschool has a reputation beyond reputeMDJschool has a reputation beyond reputeMDJschool has a reputation beyond reputeMDJschool has a reputation beyond reputeMDJschool has a reputation beyond reputeMDJschool has a reputation beyond repute
Default Re: Denied purchase, denied appeal... Now what?

Normally, when you are denied, you may file a challenge, and after you do so, the PSP sends you the reason you are denied and gives you a specified number of days to respond. The PSP allegedly also does their own investigation during this time. If you have retrieved information from some place that they could not investigate, and you ran out your appeal period, understand that all the PSP is empowered to do is deny a sale to prevent a crime, and their denial extends no further than that scope. If you look at the lists of prohibitions under 18 Pa.C.S. 6105 and 18 USC 922 and do not qualify for them, and can answer all of the questions appropriately on the forms that may or may not reflect the prohibitory factors under statute, then you can start the process again. Of course, even if you are not prohibited now, any wrongdoing like unsworn falsificiation can be stirred up by trying to get the gun this time around. I do not know the statistics on such prosecutions (but would guess they are infrequent.)
__________________
I am neither a licensee of law, nor am I read in law.
Reply With Quote
  #4 (permalink)  
Old May 26th, 2013, 11:00 PM
Member
 
Join Date: Feb 2013
Location:
North Wales, Pennsylvania
(Montgomery County)
Posts: 40
Rep Power: 0
Action Jackson has a reputation beyond reputeAction Jackson has a reputation beyond reputeAction Jackson has a reputation beyond reputeAction Jackson has a reputation beyond reputeAction Jackson has a reputation beyond reputeAction Jackson has a reputation beyond reputeAction Jackson has a reputation beyond reputeAction Jackson has a reputation beyond reputeAction Jackson has a reputation beyond reputeAction Jackson has a reputation beyond reputeAction Jackson has a reputation beyond repute
Question Re: Denied purchase, denied appeal... Now what?

I am new to this site. I was recently denied a gun purchase due to a DUI in 1973. I mailed the challenge form. The state police affirmed the denial and asked for information that would bolster my case. I sent them a copy of my honorable discharge from the army and a letter explaining all the positive things I had accomplished since 1973.

Apparently an ungraded misdemeanor carried a possible maximum penalty of three years until the law was changed in 1976. Under current law my infraction would not prevent a gun purchase. I am still waiting for response to my letters, the first of which was mailed about three months ago.
Reply With Quote
  #5 (permalink)  
Old May 27th, 2013, 01:53 PM
Grand Member
 
Join Date: Sep 2008
Location:
Henryville, Pennsylvania
(Monroe County)
Posts: 1,670
Rep Power: 33305
ByAnyMeans has a reputation beyond reputeByAnyMeans has a reputation beyond reputeByAnyMeans has a reputation beyond reputeByAnyMeans has a reputation beyond reputeByAnyMeans has a reputation beyond reputeByAnyMeans has a reputation beyond reputeByAnyMeans has a reputation beyond reputeByAnyMeans has a reputation beyond reputeByAnyMeans has a reputation beyond reputeByAnyMeans has a reputation beyond reputeByAnyMeans has a reputation beyond repute
Default Re: Denied purchase, denied appeal... Now what?

Quote:
Originally Posted by Action Jackson View Post
I am new to this site. I was recently denied a gun purchase due to a DUI in 1973. I mailed the challenge form. The state police affirmed the denial and asked for information that would bolster my case. I sent them a copy of my honorable discharge from the army and a letter explaining all the positive things I had accomplished since 1973.

Apparently an ungraded misdemeanor carried a possible maximum penalty of three years until the law was changed in 1976. Under current law my infraction would not prevent a gun purchase. I am still waiting for response to my letters, the first of which was mailed about three months ago.

Sounds like you need a good attorney.
Reply With Quote
  #6 (permalink)  
Old May 27th, 2013, 02:23 PM
Super Member
PAFOA Bronze Supporter
 
Join Date: Oct 2011
Location:
Quakertown, Pennsylvania
(Bucks County)
Posts: 591
Rep Power: 489412
t1066 has a reputation beyond reputet1066 has a reputation beyond reputet1066 has a reputation beyond reputet1066 has a reputation beyond reputet1066 has a reputation beyond reputet1066 has a reputation beyond reputet1066 has a reputation beyond reputet1066 has a reputation beyond reputet1066 has a reputation beyond reputet1066 has a reputation beyond reputet1066 has a reputation beyond repute
Default Re: Denied purchase, denied appeal... Now what?

Quote:
Originally Posted by Action Jackson View Post
I am new to this site. I was recently denied a gun purchase due to a DUI in 1973. I mailed the challenge form. The state police affirmed the denial and asked for information that would bolster my case. I sent them a copy of my honorable discharge from the army and a letter explaining all the positive things I had accomplished since 1973.

Apparently an ungraded misdemeanor carried a possible maximum penalty of three years until the law was changed in 1976. Under current law my infraction would not prevent a gun purchase. I am still waiting for response to my letters, the first of which was mailed about three months ago.
Quote:
Originally Posted by ByAnyMeans View Post
Sounds like you need a good attorney.
Agreed. You may have some options available to you, but you really need a lawyer who is up on the law to chart out a course for you. You may have to go for a pardon/expungement, and given that it was 40 years ago with no problems since then, you'd probably have a pretty good shot at that route.

I'd get in contact with GunLawyer001 here and set up a consult with him. He will be able to get you going in the right direction.
Reply With Quote
  #7 (permalink)  
Old May 27th, 2013, 02:25 PM
Member
 
Join Date: Feb 2010
Location:
., Pennsylvania
Posts: 92
Rep Power: 147279
brad5452 has a reputation beyond reputebrad5452 has a reputation beyond reputebrad5452 has a reputation beyond reputebrad5452 has a reputation beyond reputebrad5452 has a reputation beyond reputebrad5452 has a reputation beyond reputebrad5452 has a reputation beyond reputebrad5452 has a reputation beyond reputebrad5452 has a reputation beyond reputebrad5452 has a reputation beyond reputebrad5452 has a reputation beyond repute
Default Re: Denied purchase, denied appeal... Now what?

Quote:
Originally Posted by Action Jackson View Post
Apparently an ungraded misdemeanor carried a possible maximum penalty of three years until the law was changed in 1976. Under current law my infraction would not prevent a gun purchase.
Quote:
Originally Posted by 18 U.S.C. 922(g)
It shall be unlawful for any person -
(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year;

...

to ship or transport in interstate or foreign commerce, or possess
in or affecting commerce, any firearm or ammunition; or to receive
any firearm or ammunition which has been shipped or transported in
interstate or foreign commerce.
I am not a lawyer, but looking at that law I'd say that it means punishable by over a year at the time of the conviction, not how it would be if you were convicted today. I think you'd need to get a pardon and get your record expunged before you can legally own a gun
Reply With Quote
Reply

Bookmarks


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off

Similar Threads
Thread Thread Starter Forum Replies Last Post
Father denied for gun purchase & permit, was able to purchase twice priorto SouthPhilly Pennsylvania 24 January 25th, 2011 11:02 PM
denied purchase-PA wants fingerprints dmccoy117 Concealed & Open Carry 40 January 19th, 2011 06:03 PM
denied purchase of a firearm mpasley89 General 48 January 7th, 2011 05:42 PM
PICS denied my new gun Purchase!? Mity2 General 66 September 11th, 2009 08:46 PM
what happens if someone is denied for a gun purchase? lascruces General 3 January 10th, 2008 12:11 AM


All times are GMT -5. The time now is 04:17 PM.


Powered by vBulletin® Version 3.7.3
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.2.0 ©2008, Crawlability, Inc.
Marketing Services provided by MergeMedia.
Local gun shops | Local shooting ranges | Philadelphia Shooting Ranges | Philadelphia Gun Shops | Pittsburgh Shooting Ranges | Pittsburgh Gun Shops