Pennsylvania Firearm Owners Association
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  1. #1
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    Default 2 cited in Tamaqa lying on 4473

    .
    Two men were recently cited by Tamaqua police for lying on their applications to purchase a firearm.

    Barry Wiliam Fulton, 52, of 189 W. Mountain Top Road, Summit Hill, visited Eds Sports Shop, 308 W. Broad St., on Dec. 12, interested in purchasing a Martin/Glenfield Model 60, .22 caliber rifle. When he filled out the ATF and state police forms, he checked the no box when asked if he had ever been committed to a mental institution.


    Fulton was actually committed to a mental health facility in Lehigh County in 2015.

    He was charged with providing false information on a firearms ownership application and making a sworn false statement.

    Mark Marion Poehler, 56, no address given, attempted to buy a Glock 36, .45 caliber handgun from Eds Sports Shop on Dec. 15. Poehler checked no on the ATF and state police forms in answer to questions about drug use and crime convictions.

    Poehler is a known drug abuser, with extensive criminal records in Florida and Massachusetts. He also received a dishonorable discharge from the U.S. Navy in connection with desertion.

    He was charged with providing false information on a firearms ownership application and making a sworn false statement.
    https://www.tnonline.com/two-cited-l...rearms-tamaqua
    Ecclesiastes 10:2 ........... United States v. Cruikshank

  2. #2
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    Default Re: 2 cited in Tamaqa lying on 4473

    Quote Originally Posted by middlefinger View Post
    dishonorable discharge from the U.S. Navy in connection with desertion.
    UA FRY EM!
    TriggerTime LLc 01/02 FFL CRSO/Pistol/Rifle/Shotgun inst. BSA Rifle/Shotgun MB Counselor

  3. #3
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    Default Re: 2 cited in Tamaqa lying on 4473

    This isn't rare at all, unfortunately.

    The PSP statistics for 2016 show over 7,000 investigations from PICS denials, over 700 arrests, and 356 criminal convictions; that's about 1 conviction every day, just in Pennsylvania.

    http://www.psp.pa.gov/firearms-infor...ual_Report.pdf

    Don't "try it and see if you pass the background check" by trying to buy a gun. These guys are going to have to pay thousands of dollars, may go to jail, and they could have avoided it all by talking to a competent firearms attorney and paying a couple hundred dollars to get a solid answer. I've done plenty of these, and not one person who I cleared has been subsequently denied by PICS (knock wood). At the same time, those who I determined are prohibited saved themselves arrest and prosecution by not making the mistakes that these 2 guys made.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Free seminar 7/18/19 in Quakertown: https://www.senatormensch.com/concealed-carry-seminar/

  4. #4
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    Default Re: 2 cited in Tamaqa lying on 4473

    Quote Originally Posted by Rosco the Iroc View Post
    UA FRY EM!
    Unauthorized Absence is under 30 days,after 30 its desertion they most likeley picked him up out by the local titty bar,loser all the way !

  5. #5
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    Default Re: 2 cited in Tamaqa lying on 4473

    Quote Originally Posted by GunLawyer001 View Post
    This isn't rare at all, unfortunately.

    The PSP statistics for 2016 show over 7,000 investigations from PICS denials, over 700 arrests, and 356 criminal convictions; that's about 1 conviction every day, just in Pennsylvania.

    http://www.psp.pa.gov/firearms-infor...ual_Report.pdf

    Don't "try it and see if you pass the background check" by trying to buy a gun. These guys are going to have to pay thousands of dollars, may go to jail, and they could have avoided it all by talking to a competent firearms attorney and paying a couple hundred dollars to get a solid answer. I've done plenty of these, and not one person who I cleared has been subsequently denied by PICS (knock wood). At the same time, those who I determined are prohibited saved themselves arrest and prosecution by not making the mistakes that these 2 guys made.
    Of the over 7000 investigations.....only 700 arrests.....and roughly half resulted in convictions. That means the pics system which relies on the nics system is only correct 10% of the time. 90% of the time, people are wrongly denied the purchase of a firearm. That’s horrendous.....and is what passes for reasonable gun control.

  6. #6
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    Default Re: 2 cited in Tamaqa lying on 4473

    Quote Originally Posted by MARINE DIVISION TWO View Post
    Unauthorized Absence is under 30 days,after 30 its desertion they most likeley picked him up out by the local titty bar,loser all the way !
    YEA YEA, I know it's just my old chant at a muster and someone isn't there.
    It was really UA?!- BURN EM!.
    TriggerTime LLc 01/02 FFL CRSO/Pistol/Rifle/Shotgun inst. BSA Rifle/Shotgun MB Counselor

  7. #7
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    Default Re: 2 cited in Tamaqa lying on 4473

    Quote Originally Posted by Williamsmith View Post
    Of the over 7000 investigations.....only 700 arrests.....and roughly half resulted in convictions. That means the pics system which relies on the nics system is only correct 10% of the time. 90% of the time, people are wrongly denied the purchase of a firearm. That’s horrendous.....and is what passes for reasonable gun control.
    Actually, what they need for a conviction is a lot more than what they need for a proper denial.

    A lot of the people who come to me were honestly unaware that they were prohibited, under circumstances where that was a reasonable mistake.

    You can be taken in for observation, released within hours, and still be prohibited if the doctor sent out the 302 notice.

    You can be convicted of a victimless crime, be sent on your way with a token fine and zero jail time, and still have a conviction that's prohibiting.

    In fact, confusion is so rampant in the system that their lawyer, the prosecution, and the judge may have told them that pleading guilty would have no impact on their gun rights. We shouldn't demand that lay persons have a better grasp of the law than legal professional have.

    The prosecution has to prove, beyond a reasonable doubt, that you understood the question on the 4473, that you knew the correct answer, and that you willfully chose to lie. There's a lot of room between "mistaken" and "lying".

    Assuming that every PICS denial that ends without a conviction is proof of PICS incompetence, is like Congress assuming that every 302 commitment is proof of a life-long dangerous mental illness.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Free seminar 7/18/19 in Quakertown: https://www.senatormensch.com/concealed-carry-seminar/

  8. #8
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    Default Re: 2 cited in Tamaqa lying on 4473

    Quote Originally Posted by GunLawyer001 View Post
    Actually, what they need for a conviction is a lot more than what they need for a proper denial.

    A lot of the people who come to me were honestly unaware that they were prohibited, under circumstances where that was a reasonable mistake.

    You can be taken in for observation, released within hours, and still be prohibited if the doctor sent out the 302 notice.

    You can be convicted of a victimless crime, be sent on your way with a token fine and zero jail time, and still have a conviction that's prohibiting.

    In fact, confusion is so rampant in the system that their lawyer, the prosecution, and the judge may have told them that pleading guilty would have no impact on their gun rights. We shouldn't demand that lay persons have a better grasp of the law than legal professional have.

    The prosecution has to prove, beyond a reasonable doubt, that you understood the question on the 4473, that you knew the correct answer, and that you willfully chose to lie. There's a lot of room between "mistaken" and "lying".

    Assuming that every PICS denial that ends without a conviction is proof of PICS incompetence, is like Congress assuming that every 302 commitment is proof of a life-long dangerous mental illness.
    From a "Statute of Limitations" standpoint, how far back can they go with these investigations? Are the Feds doing this as well? Thanks.

    Bob D

  9. #9
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    Default Re: 2 cited in Tamaqa lying on 4473

    Quote Originally Posted by GunLawyer001 View Post
    We shouldn't demand that lay persons have a better grasp of the law than legal professional have.
    .
    But shouldn't we demand that the law be written in such a way that a lay man/woman/addnewdescriptorhere (person) can understand it?
    Not knocking the great works you have done, but why cannot laws be written to be understood by all and not a select few? I can pick up about 50-60% of the verbiage of legal documents, but there's still verbal judo that eludes me

  10. #10
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    Default Re: 2 cited in Tamaqa lying on 4473

    Fake news.

    Saw on CNN that anyone can come to PA and purchase firearms because we have no firearm laws n shit.

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