denied on pics check. I have ?'s

[tsafa]

I know this does not help the OP much... but it is way too easy to loose your firearm rights.

There should be no reason to loose firearm rights unless a person commits a violent crime with firearms.

A person should not loose their Second Amendment right unless the crime is so bad that they also lose their 1st amendment right and 3 to 9 as well.

I also believe that when a person commits a crime and finishes his sentence their debt is paid. They should have all their rights restored. Once you start restricting people based on crimes they are likely to commit, you are going down towards the slippery slope of tyranny.


After-all anything can be illegalized for the purpose of making anyone a criminal.

[GunLawyer001]

I know this does not help the OP much... but it is way too easy to loose your firearm rights.
. . . .

Yes, it is. But I disagree that anyone has either "paid his debt to society" by watching cable TV and working out in the weight room for 6 to 18 months; nor is there any evidence that MOST people are reformed by their interaction with law enforcement; in fact, the recidivism rate among released prisoners is very high.

So society has compelling reasons to doubt that such a person has ceased being a danger to society, and is now going to avoid willful misconduct and fly straight. There's no argument that committing crimes is not a strong signal that this particular citizen will have trouble abiding the Byzantine "Crimes Code" or navigating the complex rules for the use of deadly force.

But yes, the road to restoration of rights should be surer and easier. I have a file cabinet full of files about such people, who made mistakes and learned their lesson and really deserved to get their rights back. But the prisons are filled with the bigger group.

And I agree that nobody should lose his gun rights over an unpaid traffic ticket from some Arkansas speed trap, or because his ex-wife's lawyer told her to claim that he threatened her, or because he had a bad weekend 20 years ago and was admitted for observation. That threshold should be higher. People are prohibited because they defended themselves from their wife, and they shoved her away so she wouldn't stab them, and they filed cross charges and pled guilty and paid a $50 fine, but that's a domestic violence misdemeanor, and prohibiting. You shouldn't lose your gun rights for every M-1; for example, if you buy a gun, make sure it's unloaded, wrap it carefully and put it in your trunk so that you can show your buddy at his house, but you don't have an LTCF, then THAT is a Misdemeanor-1, and you automatically lose your gun rights for life if convicted. That's just nuts.

[Enfielder]

... for example, if you buy a gun, make sure it's unloaded, wrap it carefully and put it in your trunk so that you can show your buddy at his house, but you don't have an LTCF, then THAT is a Misdemeanor-1, and you automatically lose your gun rights for life if convicted. That's just nuts.

Is that true? I thought if you had it unloaded, and in the trunk while transporting it, then it was OK. I was told if it is "in the cabin", loaded or unloaded, AND you don't have LTCF, then its illegal.

[t1066]

Is that true? I thought if you had it unloaded, and in the trunk while transporting it, then it was OK. I was told if it is "in the cabin", loaded or unloaded, AND you don't have LTCF, then its illegal.

I believe it is the "show your buddy at his house" that is the critical part of that crime.

[GunLawyer001]

Is that true? I thought if you had it unloaded, and in the trunk while transporting it, then it was OK. I was told if it is "in the cabin", loaded or unloaded, AND you don't have LTCF, then its illegal.

I believe it is the "show your buddy at his house" that is the critical part of that crime.

Transporting a firearm in a vehicle is a crime, unless you have an LTCF or equivalent, or fall within one of the narrow exceptions, such as bringing it directly home from purchase, or traveling directly to and from the target range. There's no exception for transporting a firearm in your vehicle to your buddy's house.

Like I said, it's the sort of conduct that would not strike most people as even being criminal, much less grounds for a lifetime loss of firearm rights.

[lastdaysgunslinger]

Hey thank you very much for that information i will bring that with me to the courthouse when i head over for the forms. Take care.

[bob2055]

Yeah its in PA. I called state reps again today and im headed to the court house tomorrow for an expungement. It happened when i was like 18 years old and the judge even said it was a unneeded case. Cops pushed it for some reason but the owner of the shop said he wouldnt press it because i repaid the late fees and returned the movies. I also did community service for the court to take care of it. I didnt get a felony or misdemeanor out of it. So im assuming its just because of it being on my record is the reason for no sale. Ill post after court tomorrow about what happens. Wow all this crap over a stupid idea when your a kid. Keep this in mind when your young and dumb if theres any kids out there.

Wait I don't understand. Perhaps I'm missing something. You posted 3 days ago with no idea of what you were convicted of and 3 days later you're going to court for an expungement? How do you get a court date that fast? When I filed for my expungement, I had to wait at least 30 days before I got a court date. I mean even the statute states that the DA gets a 10 day notice of your petition. So I do NOT understand how you can get a court date that fast. I wish someone would explain this to me. Like I said, if I'm missing something, would someone please point it out to me. Thanks

[jerkin]

He never said he had a court date, could be just going down to get things started, he's also in a different county than you and each county does things differently. When I did mine in Beaver county I just went to the clerk of courts, filled out the forms, went down to the probation office and had them sign off then dropped everything off at the DA's office. I never had any court date, just got papers in the mail.

[GunLawyer001]

He never said he had a court date, could be just going down to get things started, he's also in a different county than you and each county does things differently. When I did mine in Beaver county I just went to the clerk of courts, filled out the forms, went down to the probation office and had them sign off then dropped everything off at the DA's office. I never had any court date, just got papers in the mail.

You must have had an ARD non-conviction, usually for a DUI. Expungements for that situation are streamlined in some counties.

In most counties, and for most other non-conviction expungements, you have to draft pleadings and initiate a miscellaneous petition.

For expungements of CONVICTIONS, it's harder. See my post where I laid out the PA statute on which convictions may be expunged; it's really hard to get one without a Pardon.

[jerkin]

You must have had an ARD non-conviction, usually for a DUI. Expungements for that situation are streamlined in some counties.

In most counties, and for most other non-conviction expungements, you have to draft pleadings and initiate a miscellaneous petition.

For expungements of CONVICTIONS, it's harder. See my post where I laid out the PA statute on which convictions may be expunged; it's really hard to get one without a Pardon.

Yes, it was for ARD. I thought it was going to be automatically expunged but it wasn't. There were actually two different charges stemming from the same incident. Someone didn't think I was punished enough after I got the ARD and probation so they brought up another charge afterwards.

My lawyer said we could easily beat it but that it would cost more money for court and ARD is supposedly a one time deal so he got another thing for me called PWV, probation without verdict. It seemed to be the same thing as ARD and the probation ran concurrently so I just took that. The judge gave me the minimum fine of $25 so that and court costs added up to about $98.50 and I was done.

In Beaver County the expungement was pretty simple, there was a form that you had to write the case numbers and stuff on then attach a copy of the court records that the Clerk of Courts made for me for a small fee and then have the probation office give you a paper that you completed probation. There was a charge for it but I can't remember if it was $68 for both or $68 each, I think each.

If I had to do all the things you talked about in your previous post I would have had to hire an attorney for sure. I'm a little better off now financially than I was 20+ years ago when this happened. If I would have had the money then I would have fought it instead of rolling over but my attorney was a really nice guy and understood my problem so he made it so that I didn't have any record for the least amount of money out of pocket. He even let me make monthly payments to him until I paid off the debt.