Attention any gun law attorney regarding PICS challenge

**michael v. 1977** · May 18th, 2008, 01:33 PM

I have a charge that was supposed to be expunged. The PWOV was completed however the state did not follow through. So when I aplied for my permit to carry I was denied through the challenge procces I found out that it was this charge. I have obtaind certified copies of the record and am recieving a letter from probation.

My question is, the expungment take 8 to 10 months, and I have thirty days to respond to the state, should I send in what I have or do the expungment first?

PS. My status is now undetermind.

**bug** · May 18th, 2008, 04:49 PM

What was the basis for the Order of Expungement? What was the crime?

**michael v. 1977** · May 18th, 2008, 05:20 PM

Misdimenor possession and my challenge is in undetermind status

**GunLawyer001** · May 18th, 2008, 07:13 PM

With no verdict there's no conviction. As long as the charges are no longer pending, the expungement should not be necessary for the PSP to determine that you're not prohibited. They will probably want to see the paperwork, so I'd file the appeal and include copies (based solely on what you've said here; you might want to retain counsel to review ALL of the facts pertinent to your case.)

If you miss the 30-day window, it's no big deal. If you're certain of your eligibility, you can always try to buy a firearm again in a month or a year or whenever, and it will start the clock over. You don't permanently lose any rights by failing to appeal now, you just can't complete that particular transaction.

**michael v. 1977** · May 18th, 2008, 09:01 PM

Thank you are you local to Pittsburgh.

**Chevmeister** · May 18th, 2008, 10:18 PM

gunlaywer: this is for his ltcf. if he is denied, how long before he can reapply?

**GunLawyer001** · May 18th, 2008, 11:11 PM

Originally Posted by Chevmeister

gunlaywer: this is for his ltcf. if he is denied, how long before he can reapply?

Oops, missed that. If a LTCF denial is final, you can't re-apply for a statutory period, which I believe is 12 or 18 months. It's in the UFA.

Of course, if you can't pass PICS then you can't own a firearm, so the LTCF seems irrelevant.

**michael v. 1977** · May 19th, 2008, 06:33 AM

With that being said I should send in the court records. Witch by the way do say PWOV, and the leter from Allegheny Adult Probation witch states I am intitaled to an expungment. As I said befor my challenge is in undetrmind status because all they could find is the arrest and nothing more, and I have 30 days to respond before its a deniel.

**gnbrotz** · May 19th, 2008, 09:04 AM

Originally Posted by GunLawyer001

If a LTCF denial is final, you can't re-apply for a statutory period, which I believe is 12 or 18 months. It's in the UFA.

Of course, if you can't pass PICS then you can't own a firearm, so the LTCF seems irrelevant.

It's one year:

§6114. Judicial Review.

The action of the chief of police, sheriff, county treasurer or other officer under this subchapter shall be subject to judicial review in the manner and within the time provided by 2 Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local agency action). A judgment sustaining a refusal to grant a license shall not bar, after one year, a new application; nor shall a judgment in favor of the petitioner prevent the defendant from thereafter revoking or refusing to renew such license for any proper cause which may thereafter occur. The court shall have full power to dispose of all costs. (Chgd. by L.1995, Spec. Sess. 1, Act 17(8), eff 10/11/95.)