Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Feb 2017
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    North Versailles, Pennsylvania
    (Allegheny County)
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    Default Pics denial/What next?

    New to the forum. My fiancé took me to get a handgun a few weeks back and my instant check came back denied. I was 302'd back in 1998 when I was 14 years years old (I am 32 now). It was for something really stupid and never should've happened. Why do they report that kind of stuff if you were still a minor? Teenagers go through some pretty animated stages and I honestly never had any intent on hurting anyone or myself. My main question is, what are the next steps I should take? I would really like to resolve this. I have a home and family that I would like to be able to protect if anything should ever happen. Thanks!

  2. #2
    Join Date
    Dec 2010
    Location
    Irwin, Pennsylvania
    (Westmoreland County)
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    Default Re: Pics denial/What next?

    Most likely, lots of people will reply to your post with the same advice, which is true. Hire a lawyer, and be prepared to spend lots of money and time trying to resolve this. Good luck, hope it works out for you...
    LUKE 11:21 == Proverbs 29:2 = Proverbs 25:28

  3. #3
    Join Date
    Aug 2011
    Location
    North West, Pennsylvania
    (Erie County)
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    Default Re: Pics denial/What next?

    Get a lawyer. Spend lots of money. The way it is.

  4. #4
    Join Date
    Feb 2011
    Location
    Primos, Pennsylvania
    (Delaware County)
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    51
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    Default Re: Pics denial/What next?

    Rinse and repeat. Get a hold of the documentation on the 302 then go see a lawyer competent in handling this type of thing.
    Some people just plain suck.
    If you're gonna be dumb ya gotta be tough.

  5. #5
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
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    Default Re: Pics denial/What next?

    Expect a call from either the State Police or the local police (whoever handles 911 calls for that gun shop). Most denials these days are referred for criminal prosecution, even denials for juvenile commitments.

    Your most pressing issue would then be avoiding a criminal conviction. If a cop calls you, he isn't looking to help you out, he wants you to make damaging admissions that can be used against you, and he doesn't have to give you any Miranda warning because you're not in custody (yet).

    Mainly, they want you to admit that you remember being committed. That's all they need, and any other damaging admission is just gravy. If you remember being committed, and you answered the question falsely, that's a crime, both state and federal.

    Lawyer up. It's not cheap, but when you answer a question on a 4473 incorrectly, this is the price you pay.

    f. Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution?
    (See Instructions for Question 11.f.)


    If you were committed to a mental institution, the correct answer on that form is "yes". Answering "no" sets you up for all kinds of grief.

    I would not advise lying to the cop when he calls. But you have the right to decline to answer without a lawyer present, and I'd recommend that.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  6. #6
    Join Date
    Apr 2014
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Pics denial/What next?

    Quote Originally Posted by GunLawyer001 View Post
    But you have the right to decline to answer without a lawyer present, and I'd recommend that.
    Doesn't he have the right to decline to answer even if he HAS a lawyer present?

  7. #7
    Join Date
    Nov 2007
    Location
    Lewistown, Pennsylvania
    (Mifflin County)
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    Default Re: Pics denial/What next?

    Quote Originally Posted by free View Post
    Doesn't he have the right to decline to answer even if he HAS a lawyer present?
    My thoughts..if you have a lawyer present, there are reasons you're spending that money. Letting him/her do all the talking for you, being chief among those reasons.

  8. #8
    Join Date
    Aug 2008
    Location
    DeepInTheWoods, Pennsylvania
    (Warren County)
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    Default Re: Pics denial/What next?

    You have received the best advice in the state.
    please take it to heart.

    As far as replying to the police please spend 45 minutes on this.
    https://www.youtube.com/watch?v=d-7o9xYp7eE

    It's so good, you should watch it twice.

    If the police do call or show up, a perfectly acceptable answer is
    "I will stand on my 5th amendment rights and politely decline to answer your questions."
    American by BIRTH, Infidel by CHOICE

  9. #9
    Join Date
    Feb 2013
    Location
    Tioga County, Pennsylvania
    (Tioga County)
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    4,959
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    21474852

    Default Re: Pics denial/What next?

    There was a woman here locally that got charged for lying on the 4473 that she had a 302 from 35 years before.

    So yes you now have a problem and you need to retain a lawyer, now.

  10. #10
    Join Date
    Feb 2017
    Location
    North Versailles, Pennsylvania
    (Allegheny County)
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    Default Re: Pics denial/What next?

    Thank you everyone!

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