Pennsylvania Firearm Owners Association
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  1. #1
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    Default Denied purchase, denied appeal... Now what?

    Hi everyone,

    I posted a thread here a while back about a purchase denial. I know the steps to appeal the denial and everything. I attempted to appeal but without knowing what the reason for the denial (because NOBODY will tell you until the appeals process has concluded), I did not know what extra information I needed to get which could have supported my appeal and most likely had it overturned.

    It took nearly six months, but the information I needed to appeal finally came this week. Does anyone know how to restart the process? Should I just walk into a dealer's shop and try to buy again? Is that legal? Is there a period of time I need to wait before it is legal again? Am I permanently prohibited from buying now?

    I can't seem to find this information anywhere, so I thought I'd come here and ask. Thank you all!

  2. #2
    Join Date
    Jan 2007
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    State College, Pennsylvania
    (Centre County)
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    Default Re: Denied purchase, denied appeal... Now what?

    If you appealed the PICS denial, within the time frame specified (30 days) then you should have received an offical letter from the PSP outlining the exact reason for the denial. Without out knowing the exact reason you were denied it makes it tough to give any advice or tell you where you might have to go or what you might have to do to to get the denial overturned (if possible).

    About the challenge: "The PSP will respond in writing within 5 business days of receipt of a properly executed challnge form. You are encouraged to provide additional information for the purpose of review, such a information regarding dispositions on old arrest records, etc. that may be helpful in expediting the challenge process. Within 60 days of receipt of a valid challenge, a final decision will be provided to the challenger."

    What to do now, after a 6 month period, I don't know. I'm sure that someone who knows the UFA better than I will reply.
    Last edited by Xringshooter; November 12th, 2011 at 06:07 PM.
    Ron
    USAF Ret E-8
    NRA Endowment Member

  3. #3
    Join Date
    Nov 2009
    Location
    Harrisburg, Pennsylvania
    (Dauphin County)
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    Default Re: Denied purchase, denied appeal... Now what?

    Normally, when you are denied, you may file a challenge, and after you do so, the PSP sends you the reason you are denied and gives you a specified number of days to respond. The PSP allegedly also does their own investigation during this time. If you have retrieved information from some place that they could not investigate, and you ran out your appeal period, understand that all the PSP is empowered to do is deny a sale to prevent a crime, and their denial extends no further than that scope. If you look at the lists of prohibitions under 18 Pa.C.S. 6105 and 18 USC 922 and do not qualify for them, and can answer all of the questions appropriately on the forms that may or may not reflect the prohibitory factors under statute, then you can start the process again. Of course, even if you are not prohibited now, any wrongdoing like unsworn falsificiation can be stirred up by trying to get the gun this time around. I do not know the statistics on such prosecutions (but would guess they are infrequent.)

  4. #4
    Join Date
    Feb 2013
    Location
    North Wales, Pennsylvania
    (Montgomery County)
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    Question Re: Denied purchase, denied appeal... Now what?

    I am new to this site. I was recently denied a gun purchase due to a DUI in 1973. I mailed the challenge form. The state police affirmed the denial and asked for information that would bolster my case. I sent them a copy of my honorable discharge from the army and a letter explaining all the positive things I had accomplished since 1973.

    Apparently an ungraded misdemeanor carried a possible maximum penalty of three years until the law was changed in 1976. Under current law my infraction would not prevent a gun purchase. I am still waiting for response to my letters, the first of which was mailed about three months ago.

  5. #5
    Join Date
    Sep 2008
    Location
    Henryville, Pennsylvania
    (Monroe County)
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    Default Re: Denied purchase, denied appeal... Now what?

    Quote Originally Posted by Action Jackson View Post
    I am new to this site. I was recently denied a gun purchase due to a DUI in 1973. I mailed the challenge form. The state police affirmed the denial and asked for information that would bolster my case. I sent them a copy of my honorable discharge from the army and a letter explaining all the positive things I had accomplished since 1973.

    Apparently an ungraded misdemeanor carried a possible maximum penalty of three years until the law was changed in 1976. Under current law my infraction would not prevent a gun purchase. I am still waiting for response to my letters, the first of which was mailed about three months ago.

    Sounds like you need a good attorney.

  6. #6
    Join Date
    Oct 2011
    Location
    Quakertown, Pennsylvania
    (Bucks County)
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    Default Re: Denied purchase, denied appeal... Now what?

    Quote Originally Posted by Action Jackson View Post
    I am new to this site. I was recently denied a gun purchase due to a DUI in 1973. I mailed the challenge form. The state police affirmed the denial and asked for information that would bolster my case. I sent them a copy of my honorable discharge from the army and a letter explaining all the positive things I had accomplished since 1973.

    Apparently an ungraded misdemeanor carried a possible maximum penalty of three years until the law was changed in 1976. Under current law my infraction would not prevent a gun purchase. I am still waiting for response to my letters, the first of which was mailed about three months ago.
    Quote Originally Posted by ByAnyMeans View Post
    Sounds like you need a good attorney.
    Agreed. You may have some options available to you, but you really need a lawyer who is up on the law to chart out a course for you. You may have to go for a pardon/expungement, and given that it was 40 years ago with no problems since then, you'd probably have a pretty good shot at that route.

    I'd get in contact with GunLawyer001 here and set up a consult with him. He will be able to get you going in the right direction.

  7. #7
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    Default Re: Denied purchase, denied appeal... Now what?

    Quote Originally Posted by Action Jackson View Post
    Apparently an ungraded misdemeanor carried a possible maximum penalty of three years until the law was changed in 1976. Under current law my infraction would not prevent a gun purchase.
    Quote Originally Posted by 18 U.S.C. 922(g)
    It shall be unlawful for any person -
    (1) who has been convicted in any court of, a crime punishable
    by imprisonment for a term exceeding one year;

    ...

    to ship or transport in interstate or foreign commerce, or possess
    in or affecting commerce, any firearm or ammunition; or to receive
    any firearm or ammunition which has been shipped or transported in
    interstate or foreign commerce.
    I am not a lawyer, but looking at that law I'd say that it means punishable by over a year at the time of the conviction, not how it would be if you were convicted today. I think you'd need to get a pardon and get your record expunged before you can legally own a gun

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