Pennsylvania Firearm Owners Association
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  1. #31
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    Default Re: Critically important note about PICS and NICS

    My boyfriend is having an issue passing through PICS. In 1999 he was charged for getting into an argument with his girlfriend at the time. The way it was processed made turned it into a domestic violence charge. He has never been in any kind of trouble since. No jail time, only a small fine an and anger management class. It has been over 15 years. We have been trying to get this cleared up. Any insight on what steps we can take?

  2. #32
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    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Critically important note about PICS and NICS

    Quote Originally Posted by ssuarez View Post
    No jail time, only a small fine an and anger management class. It has been over 15 years. We have been trying to get this cleared up. Any insight on what steps we can take?
    The bold indicates to me that he either pled or was found guilty. If that's the case, as far as I know, the 15 years that have passed mean nothing in regards to the conviction. The 'domestic violence' connection is what makes the conviction prohibiting, regardless of the possible and/or actual sentence.

    My understanding is that the only possible chance to remove the disability would be a pardon, followed by an expungement.
    Attention NRA Life and voting members - LPRGCFRANK running for NRA board of directors

  3. #33
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    Default Re: Critically important note about PICS and NICS

    He pled nolo contendo which at the time was how his lawyer told him to plead to not have to deal with all of this. What we have found is that if you pled that way you should have just taken the guilty verdict anyway. He was 21 the girl was 18 and they were dating. Didnt live together but apparently for domestic violence all you need is to be dating.

  4. #34
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    Dec 2006
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    Bucks, Pennsylvania
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    Default Re: Critically important note about PICS and NICS

    Quote Originally Posted by ssuarez View Post
    He pled nolo contendo which at the time was how his lawyer told him to plead to not have to deal with all of this. What we have found is that if you pled that way you should have just taken the guilty verdict anyway. He was 21 the girl was 18 and they were dating. Didnt live together but apparently for domestic violence all you need is to be dating.
    There is a real difference between pleading "guilty" and "nolo contendere", in that the latter doesn't require you to admit to having committed the crime. You just say that the DA may have enough evidence to convince a jury, and that you're not contesting the charges.

    That matters to some people. I know it would grate on me to have to say in open court that I did bad things which I didn't do.

    But when it comes to the consequences, it counts as a finding of guilt, and the system treats it like any other conviction.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
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  5. #35
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    Chambersburg, Pennsylvania
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    Default Re: Critically important note about PICS and NICS

    Quote Originally Posted by ssuarez View Post
    He pled nolo contendo which at the time was how his lawyer told him to plead to not have to deal with all of this. What we have found is that if you pled that way you should have just taken the guilty verdict anyway. He was 21 the girl was 18 and they were dating. Didnt live together but apparently for domestic violence all you need is to be dating.
    Is there any chance that the attorney involved was David Keller, from Keller, Keller, and Beck?

    The reason I ask is that I have had other individuals tell me that Mr. Keller advised them to plead 'nolo contendre' on prohibiting charges, with the assurance that such a plea would not harm their rights.
    Attention NRA Life and voting members - LPRGCFRANK running for NRA board of directors

  6. #36
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    May 2007
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    E-Town, Pennsylvania
    (Lancaster County)
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    Default Re: Critically important note about PICS and NICS

    I'd like to hear some thoughts on this proposed legislation. http://www.legis.state.pa.us/cfdocs/...cosponId=15997

  7. #37
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    Default Re: Critically important note about PICS and NICS

    Quote Originally Posted by LBaker View Post
    I'd like to hear some thoughts on this proposed legislation. http://www.legis.state.pa.us/cfdocs/...cosponId=15997
    Another law requiring something to be done that should already be going on, simply by the nature of the job description of the involved parties (PSP and AG). If they don't want to do it, they won't, whether 1 or 100 laws say they should.
    Attention NRA Life and voting members - LPRGCFRANK running for NRA board of directors

  8. #38
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    Mar 2014
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    Default Re: Critically important note about PICS and NICS

    Thanks for the information, great post!
    Haze Gray and Underway ⚓️ 1965-1969 CS3

  9. #39
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    May 2012
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    Yardley, Pennsylvania
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    Default Re: Critically important note about PICS and NICS

    Quote Originally Posted by LBaker View Post
    I'd like to hear some thoughts on this proposed legislation. http://www.legis.state.pa.us/cfdocs/...cosponId=15997
    I don't know if I like that proposal. It seems that it could be the set up similar to Rhode island's "may issue" permit system.

    Wasn't there a bill last year regarding ending this "prohibited for life" BS? If they can be released into society----work, pay taxes, etc then their rights should be returned. ...end if storyou. They let prisoners vote yet people released that are model citizens continue to be denied their right to bear arms. Needs fixing...
    "I prefer dangerous freedom over peaceful slavery." Thomas Jefferson

  10. #40
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    May 2007
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    Default Re: Critically important note about PICS and NICS

    Quote Originally Posted by mikelets456 View Post
    I don't know if I like that proposal. It seems that it could be the set up similar to Rhode island's "may issue" permit system.

    Wasn't there a bill last year regarding ending this "prohibited for life" BS? If they can be released into society----work, pay taxes, etc then their rights should be returned. ...end if storyou. They let prisoners vote yet people released that are model citizens continue to be denied their right to bear arms. Needs fixing...
    I'm torn on this proposal. Even though it is what gun owners have been arguing, I'm a little skeptical when I see a mandate like this, possibly without discretion to prosecute. People make mistakes...

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