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November 12th, 2011, 04:13 PM #1Junior Member
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Robinson Twp.,
Pennsylvania
(Allegheny County) - Posts
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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!
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November 12th, 2011, 05:53 PM #2
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 FFL01/SOT3 NRA Benefactor Member
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November 12th, 2011, 06:03 PM #3Banned
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Harrisburg,
Pennsylvania
(Dauphin County) - Posts
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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.)
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May 27th, 2013, 12:00 AM #4Senior Member
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North Wales,
Pennsylvania
(Montgomery County) - Posts
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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.
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May 27th, 2013, 02:53 PM #5Grand Member
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Henryville,
Pennsylvania
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May 27th, 2013, 03:23 PM #6
Re: Denied purchase, denied appeal... Now what?
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.
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May 27th, 2013, 03:25 PM #7Member
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*,
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Re: Denied purchase, denied appeal... Now what?
Originally Posted by 18 U.S.C. 922(g)
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