I had my record expunged can I now buy firearms?

[revelation9985]

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.

[ksig1869]

You can request a background check from the state police and see if it shows up. Other than that I don't anything else.

[WanderingFool]

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 luck

[Kratos]

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?

[MDJschool]

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.

This is what you want.

https://epatch.state.pa.us/Home.jsp

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).

[revelation9985]

"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?

[Xringshooter]

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?

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.

[max384]

"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?

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.

[wellcraft]

[B]. Im not looking for any guess work. B]

then you really ought to be asking this question to an attorney in PA familier with PA state gun laws instead of a discussion board.

[God's Country]

Sounds to me like you would have been good to go without the expungement.