Pennsylvania Firearm Owners Association
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  1. #1
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    Default PA Gun Purchase Denial for a M1 conviction

    Can Someone Help Me,

    I was denied the purchase of a firearm by the PICS system for which I also appealed and was denied again. I just spoke to a someone at the PICS Challenge Office and this is what they said:

    I was convicted of 3921 M1 Theft by Unlawful taking - Mov property ($200-$2000) in 1995. (it was a mountain bike)

    They said I was not denied on the PA level because they only look at 3921 F2 and above but I was denied on the Federal Level per 18 USC 922(g)(1) which I was told is punishable up to 5 years in prison. (really a judge could of sentened me to 5 years in jail for taking a bike?????) I got 6 months probation

    I made a stupid descion as a young adult and I can never purchase a gun because of it...They told me the only thing I can do is try to get a Pardon from the Gov of PA.

    Can someone help me? Any other suggestions

  2. #2
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    Nov 2007
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    Unityville, Pennsylvania
    (Lycoming County)
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    Default Re: PA Gun Purchase Denial for a M1 conviction

    I would say the advice you were given is correct, you will need a Pardon. http://www.portal.state.pa.us/portal...bop_home/19192

    Be safe (and forgiven).

    Scott

  3. #3
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    Northampton County, Pennsylvania
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    Default Re: PA Gun Purchase Denial for a M1 conviction

    You are probably screwed. I only recently learned of an M1 that was NOT prohibitting. Most convictions with a maximum potential sentence of 5 years should be prohibiting nationwide.

    Did you have a lawyer? I'd be wanting to have a little chat with that dude.

    Get a lawyer and get a pardon. I wouldn't try to do it yourself. Check out three lawyers, one of which should be Gunlawer001 on this message board in my opinion. Check them out better than you checked out your last lawyer. And make sure you speak with more than one so you don't get smoke blown up your ass by some shyster.

  4. #4
    Join Date
    Apr 2011
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    Etters
    (York County)
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    Default Re: PA Gun Purchase Denial for a M1 conviction

    There is also a good chance the law about the crime you commited has changed since 1995. My dad had a couple DUI before I was born and they changed that to a felony a couple years ago. He didn't find out until he went to renew his LTCF permit and got denied.

  5. #5
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    (Berks County)
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    Default Re: PA Gun Purchase Denial for a M1 conviction

    Quote Originally Posted by crzynate View Post
    There is also a good chance the law about the crime you commited has changed since 1995. My dad had a couple DUI before I was born and they changed that to a felony a couple years ago. He didn't find out until he went to renew his LTCF permit and got denied.
    There is no felony DUI charge provided it was just a DUI--no accident etc. There some that are M1s (high BAC/multiple offense), which would be prohibiting due to fact that they have 5 year max sentence and anything above a state level misdemeanor with max punishment of 2 years is considered prohibiting.

  6. #6
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    Default Re: PA Gun Purchase Denial for a M1 conviction

    Any idea on the actual value of the mountain bike? I have been successful in such situations filing a motion to correct/clarify the grading/sentence, where either the grading was not specified or where the grading was incorrect. Usually, the DA will consent and the Judge will rubber stamp it. All depends on the facts...
    Joshua Prince, Esq. - Firearms Industry Consulting Group - www.PaFirearmsLawyer.com

  7. #7
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    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: PA Gun Purchase Denial for a M1 conviction

    I would guess the Mountain Bike was $400 - $600. I actually returned it to the owner. I was however charged with 2 other offenses and they were dismissed.

  8. #8
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    Default Re: PA Gun Purchase Denial for a M1 conviction

    Quote Originally Posted by moose_25_2500 View Post
    Can Someone Help Me,

    I was denied the purchase of a firearm by the PICS system for which I also appealed and was denied again. I just spoke to a someone at the PICS Challenge Office and this is what they said:

    I was convicted of 3921 M1 Theft by Unlawful taking - Mov property ($200-$2000) in 1995. (it was a mountain bike)

    They said I was not denied on the PA level because they only look at 3921 F2 and above but I was denied on the Federal Level per 18 USC 922(g)(1) which I was told is punishable up to 5 years in prison. (really a judge could of sentened me to 5 years in jail for taking a bike?????) I got 6 months probation

    I made a stupid descion as a young adult and I can never purchase a gun because of it...They told me the only thing I can do is try to get a Pardon from the Gov of PA.

    Can someone help me? Any other suggestions
    I think it's generally legitimate to say that thieves and guns don't mix. Sorry but I've had lots of stuff stolen from me and my first instinct is to wish to see the thief hanging from his nuts.

    I also believe that former thieves can rehabilitate themselves. The PA Board of Pardons is the government body that sorts them out.

  9. #9
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    Feb 2012
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    NW PA, Pennsylvania
    (Crawford County)
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    Default Re: PA Gun Purchase Denial for a M1 conviction

    Quote Originally Posted by Philadelphia View Post
    I think it's generally legitimate to say that thieves and guns don't mix. Sorry but I've had lots of stuff stolen from me and my first instinct is to wish to see the thief hanging from his nuts.

    I also believe that former thieves can rehabilitate themselves. The PA Board of Pardons is the government body that sorts them out.
    Well said I agree 100%

  10. #10
    Join Date
    Oct 2008
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    York, Pennsylvania
    (York County)
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    Default Re: PA Gun Purchase Denial for a M1 conviction

    Quote Originally Posted by Philadelphia View Post
    I think it's generally legitimate to say that thieves and guns don't mix. Sorry but I've had lots of stuff stolen from me and my first instinct is to wish to see the thief hanging from his nuts.

    I also believe that former thieves can rehabilitate themselves. The PA Board of Pardons is the government body that sorts them out.
    I can agree to this when referring to thieves but it sounds to me like a young person made a stupid decision and stole someones property. As far as rehabilitation goes, he was punished and if he learned his lesson and has not stolen property since I would say he is rehabilitated. There is a big difference between "young and dumb" and a "career criminal" at least I would hope so.
    Rehab is for quitters!!

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