Pennsylvania Firearm Owners Association
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  1. #1
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    Oct 2012
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    Royersford, Pennsylvania
    (Montgomery County)
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    Default PLEASE, I NEED HELP, PICS STATUS UNDETERMINED

    So I just tried to purchase my first gun about 2 weeks ago and was informed that I was being "researched", i've just heard back today that I was determined "undetermined" so I have gotten the "Denial Challenge" form...here is my dilemma:

    I am about to turn 28 and back when I was 20 and in a bad part of my life I had 3 violations of a pfa, now i know that sounds worse than it is. There was absolutely NO violence and the person was using it as a security blanket, to the point that the cop yelled at this person for continuously inviting me there then using it to get me help. For all of them the judge gave me 3 mos....SINCE THEN i am a 4.0 GPA College attendee with other then that MAYBE 5-6 traffic citations.

    My ? Is do i send in my appeal even though theres a spot where it says reasons for denial ( which I didnt get DENIED i got UNDETERMINED) Convictions of Domestic Violence...use of force (there was NO VIOLENCE or FORCE).

    PLEASE what do I do, i dont want to get myself into trouble and ruin all the hard work i've put into my life but do want my CONSTITUTIONAL RIGHT......HELP!!!!!!!

  2. #2
    Join Date
    Dec 2008
    Location
    Windsor Twsp., Pennsylvania
    (York County)
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    Default Re: PLEASE, I NEED HELP, PICS STATUS UNDETERMINED

    Please rearward and maybe retype your 3rd paragraph, it doesn't make much sense. What we will need to know is this:
    1) was there a conviction?
    2) what was the conviction?
    3) in what state was the conviction or PFA?
    4) what was the grading of the conviction; summary, misdemeanor 1, 2, or 3, or felony?

    It doesn't matter at all what your sentence was, what matters is the max your sentence could have been for the conviction you actually received.
    Last edited by Curmudgeon; October 7th, 2012 at 03:54 AM.
    While many claim to support the right, precious few support the practice.

  3. #3
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    Default Re: PLEASE, I NEED HELP, PICS STATUS UNDETERMINED

    I'm sorry if my earlier question was confusing, as I think is apparent I am EXTREMELY upset/nervous about this present situation.

    Yes there was a conviction, and it was for violation of a pfa ICC (Indirect Criminal Contemlt-Meaning there was no violence/Malicious intent). The grade was [U]I Believe[U] An M3 "whatever the lowest grade misdemeanor is", and it is the the state of PA. The charge of "Violating a PFA ICC" carries a MAXIMUM sentence of 6 months.

    My concern was if i send in the appeal form. When i filled out the first form at the gun store I checked "No" under domestic violence bc I azked the man if there was NO Violence should I check it and he didnt see why if there was no act of violence.

  4. #4
    Join Date
    Dec 2007
    Location
    Northampton County, Pennsylvania
    (Northampton County)
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    Default Re: PLEASE, I NEED HELP, PICS STATUS UNDETERMINED

    Contact Gunlawyer001:

    http://forum.pafoa.org/private.php?do=newpm&u=1125

    The domestic angle and the multiple counts make this one is a little more complex than the common issues that pop up here.

  5. #5
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    Default Re: PLEASE, I NEED HELP, PICS STATUS UNDETERMINED

    Thank you all for your help guys...hopefully my past doesn't ruin my future! I've contacted him...hopefully he knows...

  6. #6
    Join Date
    Dec 2007
    Location
    Northampton County, Pennsylvania
    (Northampton County)
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    Default Re: PLEASE, I NEED HELP, PICS STATUS UNDETERMINED

    Good luck RB11.

  7. #7
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: PLEASE, I NEED HELP, PICS STATUS UNDETERMINED

    I concur with talking to an attorney.

    The "domestics" issue is the problem. Under federal law a violation of any misdemeanor domestics related law, regardless of the grade or sentence, makes a person a prohibited person like a typical felon would be.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  8. #8
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    Default Re: PLEASE, I NEED HELP, PICS STATUS UNDETERMINED

    Does anyone know if it's possible to expunge it? Someone said if it's domestics I cant even though there was never any violence. I requested a backround check through PATCH and surprise surprise its under review so I have to wait 2-3 weeks. If its impossible to expunge can I at least appeal to have gun rights restored. I plan on finding out all necessary info first then hiring GunLawyer001, i dont have alot of money so i'd like to plan my route first. I sent in the appeal to find out if that is even why i was "Undetermined". And i'm still confused if that was the reason and it bars me from getting a gun (which is bull) why wasn't I "Denied"? Any educated guesses?

    All help is appreciated!

  9. #9
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    Default Re: PLEASE, I NEED HELP, PICS STATUS UNDETERMINED

    Also to add...I have been in contact with GunLawyer001 and he asked me to get my records which is what I now have to wait on PATCH for...

  10. #10
    Join Date
    Dec 2008
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    Windsor Twsp., Pennsylvania
    (York County)
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    Default Re: PLEASE, I NEED HELP, PICS STATUS UNDETERMINED

    Quote Originally Posted by RB11 View Post
    Does anyone know if it's possible to expunge it? Someone said if it's domestics I cant even though there was never any violence. I requested a backround check through PATCH and surprise surprise its under review so I have to wait 2-3 weeks. If its impossible to expunge can I at least appeal to have gun rights restored. I plan on finding out all necessary info first then hiring GunLawyer001, i dont have alot of money so i'd like to plan my route first. I sent in the appeal to find out if that is even why i was "Undetermined". And i'm still confused if that was the reason and it bars me from getting a gun (which is bull) why wasn't I "Denied"? Any educated guesses?

    All help is appreciated!
    Quote Originally Posted by RB11 View Post
    Also to add...I have been in contact with GunLawyer001 and he asked me to get my records which is what I now have to wait on PATCH for...

    Continue to work with Gunlawyer001. There is no one I would recommend as highly. As long as it is possible, he will do it, and as efficiently as possible, IMO.

    You really ought to have him "plan your route". It may be possible to do something wrong and add to the issues he has to correct.
    While many claim to support the right, precious few support the practice.

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