LTCF Question about "Research" and "Challenge Forms"

[Jettagls00]

I am going to provide some background here.

About 3 years ago I was charged with carrying a concealed weapon without a permit due to disclosing during a traffic stop. (I was 3 days over on the grace period with my old license) I was able to qualify for ARD and the charge and arrest record was expunged. During this time my EX used this as an excuse to file a PFA which I agreed to with a no contest plea because I couldn't afford to fight it anymore. This PFA has since been lapsed for at least 6 months. Currently I have no prohibition from owning or possessing a firearm and all of my guns have been returned to me.

I recently went to Bucks Co to reapply for my LTCF and was put in research and was just notified that i need to submit a challenge form. It is my understanding that if the record was expenged it should not be held against me and a lapsed PFA should not prohibit me from possessing a LTCF.

Does anyone have any thoughts, experience, or advice on how to proceed with the challenge? Do I provide proof of lapsed PFA and expungement records with the challenge form?

[R L Suehr]

I am going to provide some background here.

About 3 years ago I was charged with carrying a concealed weapon without a permit due to disclosing during a traffic stop. (I was 3 days over on the grace period with my old license) I was able to qualify for ARD and the charge and arrest record was expunged. During this time my EX used this as an excuse to file a PFA which I agreed to with a no contest plea because I couldn't afford to fight it anymore. This PFA has since been lapsed for at least 6 months. Currently I have no prohibition from owning or possessing a firearm and all of my guns have been returned to me.

I recently went to Bucks Co to reapply for my LTCF and was put in research and was just notified that i need to submit a challenge form. It is my understanding that if the record was expenged it should not be held against me and a lapsed PFA should not prohibit me from possessing a LTCF.

Does anyone have any thoughts, experience, or advice on how to proceed with the challenge? Do I provide proof of lapsed PFA and expungement records with the challenge form?

1. Don't talk to the police. I know it is done with now but why would you disclose you had a concealed weapon during a traffic stop.

2. Are you absolutly sure your record has been expunged? It is not always an automatic thing. You might have had to petition the court after your completion of ARD to accomplish this.

3. Did you recieve a letter stating the reason for your denial. You should've got a letter informing you of the specific reason for the denial.

My guess is if your record was actually expunged and the PFA has lapsed it was a "Character Clause" reason you were denied. Just because your PFA has expired doesn't mean the sherrif can't find it. He may be able to see the arrest for illegal possession as well. Even if they are cleared up he can still deny you because of the "Charactr clause."

Best advice is find out the exact reason for the denial and contact a lawyer. Be ready to spend some $$$ and jump through hoops.

Edit: Gunlawyer 001 aka Phil Kline on here is experienced with this kind of thing. Might be a good person to contact.

[Jettagls00]

1. Don't talk to the police. I know it is done with now but why would you disclose you had a concealed weapon during a traffic stop.

2. Are you absolutly sure your record has been expunged? It is not always an automatic thing. You might have had to petition the court after your completion of ARD to accomplish this.

3. Did you recieve a letter stating the reason for your denial. You should've got a letter informing you of the specific reason for the denial.

My guess is if your record was actually expunged and the PFA has lapsed it was a "Character Clause" reason you were denied. Just because your PFA has expired doesn't mean the sherrif can't find it. He may be able to see the arrest for illegal possession as well. Even if they are cleared up he can still deny you because of the "Charactr clause."

Best advice is find out the exact reason for the denial and contact a lawyer. Be ready to spend some $$$ and jump through hoops.

Edit: Gunlawyer 001 aka Phil Kline on here is experienced with this kind of thing. Might be a good person to contact.

Thanks for the reply.

1. I only disclosed because the handgun was under my wallet in the car and he would have seen it anyway.
2. I am 100% sure it was expunged and I have all of the documentation to prove it.
3. I haven't received the letter yet but was told when I called that i would get the challenge for to send in. They mentioned that the PICS system came back "undetermined" (Whatever that means)

I am wondering if this will prevent me from purchasing a firearm should I go to get one since it is all involving the same PICS system. As i stated previously, there is no prohibition to owning or purchasing a firearm but don't want to go through the process of buying a firearm and then get put through research again.

[Bang]

"They mentioned that the PICS system came back "undetermined" (Whatever that means)"

I'd say that identifies your problem specifically. The sheriff wants a clean record check. He didn't get it.

I'm gonna guess someone failed to enter a final disposition in your record(s), and Harrisburg doesn't know what it is and has to respond undetermined.

You are entitled to a hearing in person, which is what the challenge is about. Taking your paperwork and explaining the 3-day oversight and the marital difficulty which was the reason you were moving the gun to another residence which you were entitled to do...(if that was the case)....

by the way..never heard of a "grace period" on a LTCF...can someone cite that statute?

[flyingjunkie]

by the way..never heard of a "grace period" on a LTCF...can someone cite that statute?

I think he means this

§6106 - Firearms not to be carried without a license
(b)exceptions
(12) A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date or arrest and that the individual is otherwise eligible for renewal of the license.

[HiredGoon]

Why did the OP not renew his license during that 6 month period?

[Jettagls00]

It is a long story but the short version is that I tried on at least two occasions but was told the system was down each time.

[Jettagls00]

I just heard back from PA State Police and they stated that there is nothing to prevent me from being able to get a LTCF. Going to take the letter to the sheriff this week.