NEED HELP..Unique Gun denial case

[Bigtrouble]

In a recent attempt to purchase a Handgun & Assult Rifle at the same time, at a local gun dealer here in the local area I was Denied my Purchase and told I was on hold until a decission was made by PICS.....2 weeks later I was indeed denied my purchase. ( Totally surprised as I own Several Guns and cleared this process before )

The Short story (Nothing Pertinent left out )

In 1983 in Texas I was pulled over in a routine traffic stop (I was going the wrong way on a one way street....new to the area ....I never claimed to be the sharpest knife in the drawer...lol ) In this traffic stop they discovered a set of brass knuckles (left under the passenger side seat by a friend a few nights before...and forgoten about...either way, my responcibility) So I was charged and convicted with >>> Carrying a "Prohibited Weapon" a CLASS 3 MISDEMEANOR In Texas .....Calls for NO jail time, and I paid a $150 or $175 fine

This is the reason I was denied here in Pa.

Now at this point in the Story >>.After 40 calls to various Texas authorities and attorneys and such (law library's) and Just as many calls in this State (Penna.) to Attorneys, ACLU, State attorney generals office, PICS, Local state representitives office. Governors state board of pardons , I'VE tried them all

HERE IS WHAT I"VE BEEN TOLD (more or less) I am in violation of and prohibited by THIS STATE to own , purchase , USE...ect. Under 18Pa.C.S 6105 Under Enumerated offense's 908 (relating to offensive prohibited weapons )

Now, My 1st advice and what I was told would be the easiest way to resolve this problem was...To have it expunged in Texas were the incident occured
After calling several Texas attorneys.....I have come to find out, Texas will only expunge Class1 and Class 2 misdemeanors and they do not DO Class 3 Expungements ( AGAIN CLASS 3 Is the least offensive charge and calls for no Jail time and only a fine in the state of Texas) Maybe they never thought in Texas this could cause a problem in other area's .....or maybe they just don't give a crap...Id bank on the latter.

After talking with several people in law enforcement (this is not who u want see for your (leagle) info by the way ) I am told my only recorse is to >>>File a motion for "Relief of disability" here in My local county court of common plea's

Now my own personal situation comes into play....I am Totally Disabled and Live on a very small fixed Income (with severe Mobility Issues) Its not like I can hop in a car and drive to harrisburg....I have called 15 or so Attorneys in my area ....None want bothered with this case (Obviously ...It's not a personal Injury case ...meaning NO BIG BUCKS involved) and then One guy who said he was not interested....But did say...plan on spending $2500 and up for anybody to take this case. Thats not a option for me at this time (Christmas already has me broke broke ...lol )

I just registered with this board today.....Totally unfamilar with everyone and anyone who is in "THE KNOW " aspect of this deal

Can anyone Offer me any Help or Suggestion's

Thank you in advance for any help offered, Brian...aka Bigtrouble

[knight0334]

How much will a Texan pardon cost you? Thats the only thing I can think of that will work for you legally.

[normanvin]

The guns that you own. Were they purchased before or after the incident in Texas?

[knight0334]

You can move to another state too. You're not prohibited federally, you're prohibited under state law.

Sorry, but that and the prior post is all I can suggest.

[Bigtrouble]

yes I have made several Purchases here in Pa. since 1983 ...and cleared PICS checks in the past

Mr.Knight.....please.....moving is not a option

I do like your avitar though....pretty much sums up how I feel...lol

[knight0334]

Originally Posted by Bigtrouble

yes I have made several Purchases here in Pa. since 1983 ...and cleared PICS checks in the past

Mr.Knight.....please.....moving is not a option

I do like your avitar though....pretty much sums up how I feel...lol

If moving isn't an option, then the only legal recourse is a Texan pardon.

[Bigtrouble]

Knight,
A expungement and a Pardon is two totally different things....

A Pardon is ...Lets put it this way.... I have two chances of a pardon....SLIM AND NONE

they get thousands of applications for Pardons ....and only a few get even a review....of the few that get reviewed even less get processed to the next stage of review....and then according to one Texas attorney.....VERY few get the actual Pardon

and as far as the expungement....as posted above....Texas will not bother with lesser Class3 misdemeanor's for expungement ....makes no sense, but I am told thats how it is

MrKnight....are you a attorney or well versed on these laws ?

[Kaos]

Originally Posted by Bigtrouble

Knight,
A expungement and a Pardon is two totally different things....

A Pardon is ...Lets put it this way.... I have two chances of a pardon....SLIM AND NONE

they get thousands of applications for Pardons ....and only a few get even a review....of the few that get reviewed even less get processed to the next stage of review....and then according to one Texas attorney.....VERY few get the actual Pardon

and as far as the expungement....as posted above....Texas will not bother with lesser Class3 misdemeanor's for expungement ....makes no sense, but I am told thats how it is

MrKnight....are you a attorney or well versed on these laws ?

He's likely not an attorney, we all find it interesting to get a grasp of the laws (as much as can be). With that being said...It might be time to get real legal advice.

[1861]

I don,t know the penalty now , but in 1983 the penalty for prohibited weapons charge in TEXAS was 6 months in co. jail and 1,000 dollar fine.

[knight0334]

Originally Posted by Bigtrouble

Knight,
A expungement and a Pardon is two totally different things....

A Pardon is ...Lets put it this way.... I have two chances of a pardon....SLIM AND NONE

they get thousands of applications for Pardons ....and only a few get even a review....of the few that get reviewed even less get processed to the next stage of review....and then according to one Texas attorney.....VERY few get the actual Pardon

and as far as the expungement....as posted above....Texas will not bother with lesser Class3 misdemeanor's for expungement ....makes no sense, but I am told thats how it is

MrKnight....are you a attorney or well versed on these laws ?

I'm not an attorney. And I do know the difference between expungement and pardon.

No matter what, you will be having to deal with TX to clear yourself, not PA. PA's prohibition is statutory, and is based on your TX conviction. The only way to change it in PA is to change the law - its aint gonna happen. ...so, you will have to either expunge the TX record or get a pardon from the Governor of the state where the conviction originates - TX.

Your only other option is a pardon from the President.