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Thread: PICS denial
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February 8th, 2008, 08:06 PM #1Junior Member
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Pennsylvania
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PICS denial
I was denied by PICS today......after a little thought and investigation, I had a theft by deception charge ($300) 7 years ago which I found out is a 3rd degree misdemeanor, punishable up to 5 years in prison.......does this mean I can never own a firearm? Can I get this expunged or something????
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February 8th, 2008, 08:11 PM #2
Re: PICS denial
charge or conviction?
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February 8th, 2008, 09:06 PM #3
Re: PICS denial
$300 says conviction to me. If you went ARD you can get it expunged. If not then you may have to wait 10 years or something and petition to get your firearms rights reinstated.
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February 9th, 2008, 12:46 AM #4
Re: PICS denial
Here's the best piece of advice you'll get on this forum: speak to a lawyer. It may not be free, but you get what you pay for. And if your rights are important to you, then it should be worth a lawyer's time to find out how to restore them.
"Political Correctness is just tyranny with manners"
-Charlton Heston
"[The Constitution preserves] the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms."
-James Madison, Federalist Papers, No. 46.
"America does not go abroad in search of monsters to destroy." [sic]
-John Quincy Adams
"I believe that banking institutions are more dangerous to our liberties than standing armies."
-Thomas Jefferson
Μολών λαβέ!
-King Leonidas
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February 9th, 2008, 12:58 AM #5
Re: PICS denial
I'm no attorney, I just work for a bunch of them, but I don't think it is included:
Be safe.
Scott
(a.1) Penalty.--Any person convicted of a felony enumerated under subsection (b) or a felony under the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state, who violates subsection (a) commits a felony of the second degree.
b) Enumerated offenses.--The following offenses shall apply to subsection (a):
Section 908 (relating to prohibited offensive weapons).
Section 911 (relating to corrupt organizations).
Section 912 (relating to possession of weapon on school property).
Section 2502 (relating to murder).
Section 2503 (relating to voluntary manslaughter).
Section 2504 (relating to involuntary manslaughter) if the offense is based on the reckless use of a firearm.
Section 2702 (relating to aggravated assault).
Section 2703 (relating to assault by prisoner).
Section 2704 (relating to assault by life prisoner).
Section 2709 (relating to harassment and stalking) if the offense relates to stalking.
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 2910 (relating to luring a child into a motor vehicle).
Section 3121 (relating to rape).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3125 (relating to aggravated indecent assault).
Section 3301 (relating to arson and related offenses).
Section 3302 (relating to causing or risking catastrophe).
Section 3502 (relating to burglary).
Section 3503 (relating to criminal trespass) if the offense is graded a felony of the second degree or higher.
Section 3701 (relating to robbery).
Section 3702 (relating to robbery of motor vehicle).
Section 3921 (relating to theft by unlawful taking or disposition) upon conviction of the second felony offense.
Section 3923 (relating to theft by extortion) when the offense is accompanied by threats of violence.
Section 3925 (relating to receiving stolen property) upon conviction of the second felony offense.
Section 4912 (relating to impersonating a public servant) if the person is impersonating a law enforcement officer.
Section 4952 (relating to intimidation of witnesses or victims).
Section 4953 (relating to retaliation against witness or victim).
Section 5121 (relating to escape).
Section 5122 (relating to weapons or implements for escape).
Section 5501(3) (relating to riot).
Section 5515 (relating to prohibiting of paramilitary training).
Section 6110.1 (relating to possession of firearm by minor).
Section 6301 (relating to corruption of minors).
Section 6302 (relating to sale or lease of weapons and explosives).
Any offense equivalent to any of the above-enumerated offenses under the prior laws of this Commonwealth or any offense equivalent to any of the above-enumerated offenses under the statutes of any other state or of the United States.
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February 9th, 2008, 01:06 AM #6In Memoriam
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February 9th, 2008, 01:25 AM #7
Re: PICS denial
I would think so, they could charge you with damn near anything, doesn't mean theres any evidence with which to convict you.
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February 9th, 2008, 01:33 AM #8
Re: PICS denial
Lautenberg on the federal level brought misdemeanors into it and, for now, that is just for domestic violence related issues. PICS denial happens, file the appeal. Then after the appeal is denied it is time to get scared (concerned, pissed and all the other things).
I have seen, and assisted in getting, PICS denials over turned. Jump through their hoops. Find out what they allege and go from there.
Be safe.
Scott
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February 9th, 2008, 01:41 AM #9
Re: PICS denial
Quick answer on this one..
Per fed guidelines you may NOT own a firearm if you have been convicted of ANY crime with a TOTAL potential senence in excess of two years.
Felony or misdemeanor.
If you got ARD on this one its time to go back to your attorney to confirm IN WRITNG with the court order that your STATE record has been exponged.
FBI on the other hand does NOT have to honor a State court letter of expongement and may keep your fingerpints and photo in their files. Have fun filing the federal court appeals to have that done.
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February 9th, 2008, 01:46 AM #10
Re: PICS denial
Def check the ARD, I was AMAZINGLY stupid once when I was 22, and ARD saved my sorry ass from alot of trouble later on in life.. They do totally expunge it.
And aside from that, A good lawyer may be able to do something.. I've seen lawyers get people there DL's back after 23 DUI's (and got him off with a year probation..)
I almost passed out when I saw it..
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