PICS Denial

[Mfhmiller]

I recently purchased two rifles online and had them shipped to my local FFL. When the FFL ran me for the background check, I was denied. I filled out a challenge form and mailed it in.

Today I received a call regarding the challenge. I was told by the PSP Officer that I was being denied again. I had a recent arrest for Use/Poss Of Drug Paraph, specifically section 35 § 780-113 §§ A32, and it was graded M on the docket sheet. I'm not sure if it was a 1,2 or 3.

On the docket sheet it shows as "withdrawn." The office also told me I am not allowed to own, possess, or purchase any firearms for one year. He also told me I was ineligible under some federal gun act of 1968.

I'm newly signed up here, but have been lurking for a while. My understanding has always been that only a conviction under the Drug/Cosmetic Device Act is what mattered for purchase denials. I know the arrest could be used against me under the character clause should I apply for an LTCF.

I even enclosed a copy of the docket when I mailed in the challenge showing the charge was withdrawn. Here is how the docket appears now.

1 35 § 780-113 §§ A32 M Use/Poss Of Drug Paraph-Withdrawn
2 75 § 3809 §§ A S Restrictions on Alcoholic Beverages-Withdrawn
3 75 § 4524 §§ A S Obstructed Window-Move to Traffic
4 18 § 5503 §§ A4 S Disorder Conduct Hazardous/Physi Off-Move to Non-
Traffic

I plead guilty to 3 & 4.

I have a couple questions I need help with.

1) Am I supposed to get a letter for my challenge denial that will enumerate the specific reason I was turned down?

2) Do I have any other avenues of appeal?

Thanks in advance for the help.

[Xringshooter]

I'm not a lawyer and I won't give you any legal advice. I believe that the PSP has to send you a letter enumerating why you are again being denied.

Once you have that, contact Phil Kline (Gunlawyer001 here on the forum). I think it would be money well spent to talk to him before you do anything else.

[triumph_tech]

I'm not a lawyer and I won't give you any legal advice. I believe that the PSP has to send you a letter enumerating why you are again being denied.

Once you have that, contact Phil Kline (Gunlawyer001 here on the forum). I think it would be money well spent to talk to him before you do anything else.

Good advice, Phil straightened things out for me, it was money well spent.

[jerkin]

Agree with the other guys, PM Phil and request his services then wait for the letter. I've never heard of any law that makes you ineligible for 1 year.
http://forum.pafoa.org/members/1125-gunlawyer001/

[SigForLife]

The PSP is likely contending that you are currently a unlawful user of a controlled substance - 18 USC 922(g)(3). I've successfully fought that claim previously. It is only in the past year that the PSP started denying based on that provision. With proper counsel, you should be able to get it overturned depending on the actual court records and your past history.

[DreadPirateMoyer]

Agreed with the above. Contacting Phil is the way to go. http://forum.pafoa.org/members/1125-gunlawyer001/

[Remington788]

The PSP telephones people to discuss appeals?
I assumed anything like that would be handled only in writing in order to prevent any miscommunication.

[Mfhmiller]

This is what really confused me. Township police officer (arresting officer), told me I would be free and clear to purchase and possess firearms and said nothing about me not being able to purchase or keep firearms in my home. In my time searching through other posts, nowhere did I see anything about being in eligible to buy a firearms even there was no conviction on the drug charge.

[GunLawyer001]

This is what really confused me. Township police officer (arresting officer), told me I would be free and clear to purchase and possess firearms and said nothing about me not being able to purchase or keep firearms in my home. In my time searching through other posts, nowhere did I see anything about being in eligible to buy a firearms even there was no conviction on the drug charge.

There are lots of prohibitors listed in the state and federal laws, and not all of them require criminal convictions. Evidence of recent drug use can bounce you under PICS or NICS, if they have enough evidence. It's one reason to get an expungement of arrest records that didn't result in conviction, if the delay is intolerable.