Results 21 to 30 of 46
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October 1st, 2010, 12:53 AM #21Junior Member
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Re: I had my record expunged can I now buy firearms?
Right. That would most likely cost me more money that I could careless to spend on one more lawyer. Thought there might be a good chance of someone on this board who would know. Worth a shot that an attorney who visits this board might give the concrete correct answer, or someone who was in the same situation in the pass.
Also the PICS fee is $10 no matter how many guns I plan to buy at one time correct.
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October 1st, 2010, 01:00 AM #22Junior Member
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October 1st, 2010, 01:45 AM #23Banned
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Re: I had my record expunged can I now buy firearms?
Gun purchasers should really make an attempt to know their criminal history 'to the best of their information, knowledge, and belief' because prosecutors and courts are less forgiving than legislators regarding the term 'knowing(ly)'. If a person applies for an LTCF, he's going to be just as liable for false swearing as he will be for trying to acquire a firearm. We've gone through some hypotheticals here just for the sake of those who come on to read the thread later who are not the OP, and based on the information he's given us, we can't see a reason to believe he was prohibited without the expungment, or why an expungment wouldn't be effective. On the other hand, he didn't cite the actual section of statute his charge was based on, or hints of any other potential criminal history, etc. If a person pursues a LTCF, gets denied, and fails to get that overturned, he is presumably banned for a year from reapplication. There exists no such ban when buying arms.
However,
Not even an attorney can give you a 'concrete' answer (here), for one you aren't even going to have an attorney-client privileged relationship so it will not be 'legal advice' for the probable poster, and also how a police officer, DA, judge, or jury sees any of it will ultimately be different than you, I, or that lawyer-poster. You are giving us limited information, and we are giving you limited responses; we're each hinting to each other to hopefully converge upon a useful and factual conclusion. But none of can be sure we're "correct" so far as avoiding adverse consequences, whether or not those consequences should exist. Exercising your rights is dangerous by (government's) design.
Also the PICS fee is $10 no matter how many guns I plan to buy at one time correct.
EDIT:
18 PA.C.S. 6111(b)(3)
(3) Requested by means of a telephone call that the Pennsylvania State Police conduct a criminal history, juvenile delinquency history and a mental health record check. The purchaser and the licensed dealer shall provide such information as is necessary to accurately identify the purchaser. The requester shall be charged a fee equivalent to the cost of providing the service but not to exceed $2 per buyer or transferee.
18 Pa.C.S. 6111.2(a)
(a) Surcharge imposed.--There is hereby imposed on each sale of a firearm subject to tax under Article II of the act of March 4, 1971 (P.L. 6, No. 2), known as the Tax Reform Code of 1971, [FN1] an additional surcharge of $3. This shall be referred to as the Firearm Sale Surcharge. All moneys received from this surcharge shall be deposited in the Firearm Instant Records Check Fund.Last edited by MDJschool; October 1st, 2010 at 01:51 AM.
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October 1st, 2010, 08:46 AM #24Grand Member
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Re: I had my record expunged can I now buy firearms?
Look you made a mistake. You should be damn happy you got PTI, or you may very well have been prohibited for life. If it costs you more money to make yourself comfortable then that’s your deal. Everyone here is trying to guide you. You’re seeking free advice from non attorneys, and IMO you’ve received some good information.
Based on the information you provided you were convicted of nothing that would be a prohibited offense. An arrest record alone (if you still had one) will not prevent you from buying a gun in Pa. This isn't NJ....not yet any way. If there is some glitch on your record it’s likely going to be there tomorrow and ten years from now, so you might as well jump in head first and solve any issues.FUCK BIDEN
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October 1st, 2010, 10:43 AM #25Junior Member
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October 1st, 2010, 11:14 AM #26
Re: I had my record expunged can I now buy firearms?
The $3 only comes into play if the sale of the gun is subject to PA Sales Tax. A gun (actually anything) bought from out of state is PA Sales Tax exempt so you don't pay the $3 surcharge (unless the place selling it has a place of business in PA, then even if bought from the out of state store it is subject to PA sales tax or if the out of state business collects PA sales tax, then the $3 fee would be owed). That is not to say the person buying the gun doesn't owe the state a tax, you do, it's called the PA Use Tax and is the same amount as the sales tax rate where you live. It is NOT just a tax on businesses, it is on anyone who buys something from out of state and no PA sales tax is collected. That said, most people do no pay it and I don't know how hard the state would go after an individual. An FFL is under NO obligation (and legally cannot) collect the Use Tax from someone. Owing the Use Tax does not force the payment of the $3 surcharge.Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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October 1st, 2010, 06:10 PM #27
Re: I had my record expunged can I now buy firearms?
i understand you want to save money by not having to turn to an attorney for help but you also want to stay out of trouble. for legal issues i wouldn't take the advice of anyone on any gun discussion board regardless of who they said they were or how much sense the information they provided made unless i could sit down in their office and confirm they were an attorney. there's a lot of good info provided in this thread but i'd bet you could speak with a attorney who is familiar with PA gun law that could advise you and not charge a fee. at times a simple consultation is free and you're not looking at paying money unless the lawyer has to represent you. good luck and hopefully things will work out for you.
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October 1st, 2010, 08:54 PM #28Junior Member
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Re: I had my record expunged can I now buy firearms?
Damn happy? It was bought and paid for. I spent $10,000 on the lawyer who had the connections to make sure of it. It was $200 worth of drugs that I should not have bought on New Years Eve of that year. $200 mistake turns into $10,000 plus the $1,250 to get it expunged. Sorry about not feeling to great about spending more of my life savings on lawyers. I have paid for my horrible mistake 100 times over. I will see if I can get the info from a lawyer here in PA with a free consultation.
Does the application they make you fill out for buying a pistol ask if you have ever been arrested?
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October 1st, 2010, 08:57 PM #29Junior Member
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Re: I had my record expunged can I now buy firearms?
Last edited by revelation9985; October 1st, 2010 at 09:04 PM.
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October 9th, 2010, 08:57 PM #30Junior Member
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Re: I had my record expunged can I now buy firearms?
I will be going down to my local gun show tomorrow and will see if I get denied. Should I buy a used gun instead? I heard PA law that you dont need a backround check if buying from someones personal collection, is that correct?
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