PSP giving me a hard time!

[slewi]

Hello all!

I am new here, and hope someone here might be able to answer some questions.

I am trying to purchase a used Wingmaster from a local gunshop. My background check came back as "undetermined".

The PSP sent me a letter telling me that I have two retail theft marks on my record. One was in 1987, and one was in 1992. Condoms in 1987, a cd in 1992. I am having a hard time believing that these offenses are keeping me from buying a shotgun. What are the laws concerning this? I am having a hard time finding this info on line.

What I did doesn't even fall into any of the categories they sent me in a letter which include, assault with a weapon, and related items.

How can they legally keep me from purchasing a shotgun?

I appreciate any help with this!

[Brown-Bear]

I'm sure someone more in the know will come along soon and correct me. But it seems to me you have 2 black marks on your record. Were you arrested for thses thefts? You can always fill out an appeal form.

[KeithPA]

So you sent in the challenge form, and they sent you a letter back with the two charges/convictions. Saying this is why you are prevented from buying a firearm.

Yet neither of these convictions are prohibited offenses?

[Kaos]

they could still be researching those incidents which is why it's undetermined at the moment.


Though I won't claim to be a PICS expert, Ive seen people go into "research" and "undetermined" for literally no reason at all before (friends).

[slewi]

That is correct, delta. Retail Theft is not mentioned in the code. Burglary is, along with a long list of other offenses/felonies. What I did was a misdemeanor. I am still "undetermined", not denied. They want me to answer the charges.

My point is, since my offenses are not included in the PA code they are using, how can they prohibit me?

[DaveM55]

Were you arrested and convicted for these thefts? Did you serve any time if convidted? Were these in Pa or out of state? If out of state, it may take the Sheriff's office longer to investigate.

[danp]

That is correct, delta. Retail Theft is not mentioned in the code. Burglary is, along with a long list of other offenses/felonies. What I did was a misdemeanor. I am still "undetermined", not denied. They want me to answer the charges.

My point is, since my offenses are not included in the PA code they are using, how can they prohibit me?

Mis-demeanors are disqualifying if they COULD have resulted in a sentence of 1+ year. Were either of the charges you were convicted of that serious?

[KeithPA]

That is correct, delta. Retail Theft is not mentioned in the code. Burglary is, along with a long list of other offenses/felonies. What I did was a misdemeanor. I am still "undetermined", not denied. They want me to answer the charges.

My point is, since my offenses are not included in the PA code they are using, how can they prohibit me?

They want your court files from the court house.

Kinda sad, they are supposed to tell you why you can't own a gun. Your not supposed to have to prove you are fit to own a gun.

[CZ40P]

That is correct, delta. Retail Theft is not mentioned in the code. Burglary is, along with a long list of other offenses/felonies. What I did was a misdemeanor. I am still "undetermined", not denied. They want me to answer the charges.

My point is, since my offenses are not included in the PA code they are using, how can they prohibit me?

Actually, I think the statute says "any state misdemeanor that could have resulted in a sentence of more than 24 months"

Using that criteria, there are many offenses not specifically listed in the code that will result in disqualification. Drag Racing, Civil Unrest, any charge that you could have sentenced to more that 24 (not the actual sentence received )months is the kicker.

If you are in fact denied by the PSP do not waste time talking on internet forums. You have just thirty days to file an appeal, or remain forever disqualified. The time for an attorney is now!

[CZ40P]

Here is a link to a Philadelphia law firm that has some useful information.

Specifically misdemeanor sentences

http://www.phila-criminal-lawyer.com...Guidelines.asp


It would seem your second conviction would have been a misdemeanor 2.

That puts you right on the cusp of being a prohibited person.

1) Retail theft constitutes a:

1. Summary offense when the offense is a first offense and the value of the merchandise is less than $150.
2. Misdemeanor of the second degree when the offense is a second offense and the value of the merchandise is less than $150.
3. Misdemeanor of the first degree when the offense is a first or second offense and the value of the merchandise is $150 or more.
4. Felony of the third degree when the offense is a third or subsequent offense, regardless of the value of the merchandise.
5. Felony of the third degree when the amount involved exceeds $2,000 or if the merchandise involved is a firearm or a motor vehicle.

I think you may need a attorney rather than advise from strangers on an internet forum