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September 28th, 2010, 10:05 PM #1Junior Member
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I had my record expunged can I now buy firearms?
I got arrested in NJ for drug possession and it got ruled down to a disorderly persons offense. I received PTI in NJ. I got my record expunged and I now live in PA with a PA license of course. I want to know for sure 100% that I can buy a shotgun in PA for hunting? My lawyer is a NJ lawyer and he said he was not sure in a other state. Does PA have any laws that would forbid me to buy firearms for my situation? I live in Mount Bethel PA. Im not looking for any guess work. Thanks for the help in advance.
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September 28th, 2010, 10:09 PM #2
Re: I had my record expunged can I now buy firearms?
You can request a background check from the state police and see if it shows up. Other than that I don't anything else.
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September 28th, 2010, 11:09 PM #3
Re: I had my record expunged can I now buy firearms?
This is what you want.
https://epatch.state.pa.us/Home.jsp
Before you do that how long has the expungement been in effect?
Good luckCareful some of those Zombies could be Americans!
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September 28th, 2010, 11:55 PM #4Banned
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Re: I had my record expunged can I now buy firearms?
Here's a hypothetical.
If he goes and passes the PICS background check, they screw up, and he buys a shotgun, could he ever be charged with anything?
First off, PICS does screw up. I purchased a shotgun, with an M1, incorrectly listed on my record. The M1 was incorrectly listed on my record, and the situation has been remedied, and the offense is now correctly downgraded in my record. However, it did slip past them once.
Secondly, the OP clearly is not sure if he is prohibited or not, which also means he does not know he is prohibited. What would 12 of his peers think expunged meant? I would assume they would take it as it meant the same as he had never been arrested or convicted for said crime.
Does anyone know if anything bad could happen, assuming what I just outlined, if he just goes and gives it a try?
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September 29th, 2010, 12:04 AM #5Banned
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Re: I had my record expunged can I now buy firearms?
PA's check is not going to tell him about NJ's records.
A "disorderly persons offense" doesn't sound analogous to any of the prohibited crimes listed in 18 Pa.C.S. 6105 and if it didn't carry a max potential jail time of more than 2 years, it's a question whether there was any real worry of prohibition at all. You might consider seeing if you can get an NJ version of a background check printout.
The only remaining concern is what information might be availed to a PICS examiner (well that's what they call the NICS call-takers; they call the PICS people something else) regarding the nature of this 'drug possession'. Check out 18 U.S.C. 922(g)(3) and then 27 CFR 478.11, but then review UNITED STATES v. AUGUSTIN, 376 F.3d 135 (3rd.Cir. 2004).
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September 29th, 2010, 12:59 AM #6Junior Member
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Re: I had my record expunged can I now buy firearms?
"Before you do that how long has the expungement been in effect?"
Just recently. Arrest took place about 4 years ago. I had to hire a lawyer at a cost of $1250 to get it expunged. Let me make this clear as that I was charged with a felony, but my lawyer got it ruled down to a PTI on a disorderly persons offense. In the end I received a disorderly persons offense as that was the only thing that was on my record. One dumb mistake & you get hung for it. Hard lesson learned. Thanks for all the time spent in everyones responses. I plan on buying a shotgun but also want a handgun. Would I be better off buying them both at the same time or separate as far as the pics check goes? What I mean is will they give it a longer research time because Im buying a handgun with the shotgun?
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September 29th, 2010, 07:22 AM #7
Re: I had my record expunged can I now buy firearms?
Makes no difference, the time it takes to do the background check doesn't depend on what you are buying. The PICS is checking you, not what guns you are buying. When the PICS unit is called they do their thing and if you are approved the approval number can be used for multiple gun sales at one time be it long arms or handguns or a mixture. If a handgun is involved then some extra paperwork is required. The buyer has to fill out both the PA form (SP4-113) along with the BATFE Form 4473 when buying a handgun. If multiple handguns are being bought at the same time, then a separate SP4-113 must be done for each handgun and the FFL will fill out another form for reporting multiple handgun sales to the BATFE and the local law enforcement agency.
The only thing would be that if you buy them at separate times you will undergo (and be charged for) the background check each time.Last edited by Xringshooter; September 29th, 2010 at 07:24 AM.
Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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September 29th, 2010, 10:46 AM #8
Re: I had my record expunged can I now buy firearms?
It really doesn't matter what you are charged with. It only matters what you are convicted of. A disorderly persons charge is not a felony and only punishable by a maximum of 6 months in jail if I understand correctly. Therefore, this should not prohibit you from buying a firearm regardless of whether or not it was expunged or the date of expungement.
I am not a lawyer though.
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September 29th, 2010, 11:10 AM #9
Re: I had my record expunged can I now buy firearms?
Just an FYI if anyone is interested. A person can request a Criminal Records Check on themselves via the NJ State Police Investigation Bureau by submitting a finger print card to them with a letter outlining the purpose of the request and attesting to the fact that your requesting the information on yourself for your own purposes.
I did it myself years ago. Got a strange look and some temporary confusion from the Officer that did my prints, but they took them and handed me the card back and I mailed it in. Got a reply back in a couple weeks.Si vis pacem, para bellum
A fear of weapons is a sign of retarded sexual and emotional maturity. -- Sigmund Freud
Proud to be an Enemy of The State
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September 29th, 2010, 11:47 AM #10Junior Member
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Re: I had my record expunged can I now buy firearms?
I got a hold of my lawyer from NJ through Email and asked him excactly what is a disorderly persons offense is in NJ and how it all works.
"What is a Disorderly Persons offense?
A Disorderly Persons Offense is a category of offense that can be related to a small amount of drugs, a simple assault, a petty theft, etc. Disorderly Persons offenses are handled in the municipal court of the municipality where the offense occurred.
Unlike a crime that is handled in a County Court, with a Disorderly Persons offense the defendant accused is not entitled to an indictment by a Grand Jury or a trial by jury. Any trial that takes place is heard in front of and decided by a municipal court Judge. A Disorderly Persons charge is considered an “Offense”, and not a “Crime”, such as an indictable offense that is handled in a County Court is considered.
An advantage of the crime/offense distinction is that certain collateral consequences are not available upon the conviction of a Disorderly Persons offense. For example, one does not lose the right to vote, nor is one automatically disqualified from serving on a jury.
Although Disorderly Persons charges are handled in the municipal court and are considered offenses instead of New Jersey Criminal Charges, a person convicted of one of these charges is subject to a variety of punishments, including incarceration and fines. In fact, a municipal Judge has in his or her discretion to fine a defendant up to $1,000.00 and incarcerate him or her for up to six (6) months in jail if they plead guilty or are found guilty of a Disorderly Persons offense. Certain Disorderly Persons offenses also carry with them the mandatory loss of driving privileges, even if the offense had nothing to do with operating a motor vehicle. There are additional statutory fines and penalties that can make a finding of guilt very costly to the defendant."
That is what he sent me. So it sounds like Im good to go. He also said in his 19 years as a lawyer he has never heard of anyone being denied of firearms when receiving a PTI. He also said this is in NJ and I dont know about other states.
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