Question about restoration of Firearms rights.

[acosenza2]

Long story short, my brother's ex-girlfriend accused him of pulling out his handgun and pointing it at her. After some battling back and forth in court, the judge basically told the DA that they did not meet the requirements to go on with the case and that the case was dismissed. There is also a PFA that is still standing because of the case, but that will expire in September.

My brother told me today that he was told by the police that it could take 6 years for his record to be expunged and for him to have his gun rights back. I thought this to be odd since the case was dismissed.

So any input here? I checked the UFA for the process of restoring gun rights, but it doesn't seem to talk about when a case is dismissed.

Here is the docket information for anyone that may want to see it.
http://ujsportal.pacourts.us/DocketS...erID=202028282

http://ujsportal.pacourts.us/DocketS...R-0004623-2010


Thanks for any input folks.

[jsmithxd]

The dismissed charges will not affect his 2nd amendment right in anyway. He will have to wait until his PFA is expired before he can possess firearms again. If the firearm was taken as evidence for the dismissed charges, depending on the county he may have to petition the court to have his firearm returned. If the firearm was taken by the Sheriff due to the PFA then once the PFA is expired he can retrieve his firearm.

[DVC]

If the PFA was related to the complaint, he can petition the court to revoke it. This can be worthwhile, as it will show in his record as a voided PFA, which looks better than one that simply isn't renewed.

[acosenza2]

The dismissed charges will not affect his 2nd amendment right in anyway. He will have to wait until his PFA is expired before he can possess firearms again. If the firearm was taken as evidence for the dismissed charges, depending on the county he may have to petition the court to have his firearm returned. If the firearm was taken by the Sheriff due to the PFA then once the PFA is expired he can retrieve his firearm.

Thank you. This is what I had told him as well. I told him to speak with the Sheriff's department, but he asked someone from RPD. However, I will say that he may not have asked the right questions. I am glad that you chimed in here.

If the PFA was related to the complaint, he can petition the court to revoke it. This can be worthwhile, as it will show in his record as a voided PFA, which looks better than one that simply isn't renewed.

Thanks. I had not thought about the difference between a voided PFA and one that simply expired. The PFA was related to the complaint. He was going to have his lawyer do it when the other charges were dismissed, but my brother did not have an additional $500.00.

[PAS&W]

FYI - while the order is still in effect it will show up whenever a PICS or NICS
check is done...... This is because of the Federal Computer records used.

MAKE SURE PA Actually reports it as voided to the FEDS !

[ssuarez]

My boyfriend is having an issue passing through PICS. In 1999 he was charged for getting into an argument and making a threat with his girlfriend at the time. The way it was processed made turned it into a domestic violence charge. Domestic violence keeps you from being able to register a firearm. The charge was nolo contendere. He has never been in any kind of trouble since. No jail time, only a small fine an and anger management class. It has been over 15 years. We have been trying to get this cleared up. Any insight on what steps we can take?

[internet troll]

Edited to add... this was a response to another thread. Don't know how I posted it in this one.

AAt one of GunLawyers workshops (well worth the time and cost) he suggested being prepared to call a gun related lawyer if something bad does happen. Even if they can not travel to your area, they may be able to help guide you through the early steps and put you in touch with a good lawyer in your area who is more accessible and able to help. After reading his many posts here over the years I had Gunlawyers card in my wallet (until I spilled coffee on the wallet ruining everything in it) and his number is in my phone just in case. There are certain things in life that you only get to handle right once. Your actions after a self defense shooting is one of them.

Most people will probably go through their life never needing to call the number. I will certainly be happy to go to my grave never needing my gun and would of course prefer that, but if something does happen, you will be glad to have the number of a lawyer and someone who can help you in a time that will be about as stressful as can be.

You could wait until after a self defense shooting to figure things out, or get a number in your phone now. I would opt for now.

A quick look on line shows Gunlawyer's number.


(215) 538-4444

You can always find other numbers with a quick search.t one of GunLawyers workshops (well worth the time and cost) he suggested being prepared to call a gun related lawyer if something bad does happen. Even if they can not travel to your area, they may be able to help guide you through the early steps and put you in touch with a good lawyer in your area who is more accessible and able to help. After reading his many posts here over the years I had Gunlawyers card in my wallet (until I spilled coffee on the wallet ruining everything in it) and his number is in my phone just in case. There are certain things in life that you only get to handle right once. Your actions after a self defense shooting is one of them.

Most people will probably go through their life never needing to call the number. I will certainly be happy to go to my grave never needing my gun and would of course prefer that, but if something does happen, you will be glad to have the number of a lawyer and someone who can help you in a time that will be about as stressful as can be.

You could wait until after a self defense shooting to figure things out, or get a number in your phone now. I would opt for now.

A quick look on line shows Gunlawyer's number.


(215) 538-4444

You can always find other numbers with a quick search.

[bill gray]

I also went to two of GunLawyer's seminars and I have his number memorized. However, if I was in a jam I would not call him directly. I have a friend who religiously answers his phone and checks for messages. I have given him written info and, in a jam, would call and say "I am under arrest at the XYZ PD. Call my gun lawyer from the list and call my wife. Tell her I am OK and work on bail with her." You get ONE call so get max mileage out of it. Phil may not be sitting by the phone on a Fri. night.

[knight0334]

My boyfriend is having an issue passing through PICS. In 1999 he was charged for getting into an argument and making a threat with his girlfriend at the time. The way it was processed made turned it into a domestic violence charge. Domestic violence keeps you from being able to register a firearm. The charge was nolo contendere. He has never been in any kind of trouble since. No jail time, only a small fine an and anger management class. It has been over 15 years. We have been trying to get this cleared up. Any insight on what steps we can take?

A Pennsylvania nolo contendere is treated as a conviction. So, if he plead no contest to a domestic misdemeanor charge he is a prohibited person - both in PA and nationally.

He will need a pardon by the governor and then an expungement.

[ssuarez]

That is what I keep reading. Which totally sucks becauae the only reason he did that was because the lawyer told him that he would not lose any gun rights if he didnit that way. Pardons take years and then add the expungement to it. It amazes me that he is good enough as a firefighter for over 20 years to run into a building and save lives but cant register a gun.