Can he own a firearm?

[Gunsnwater]

From the attached information sheet of form 4473: "Question 11.b. - 12. Generally, 18 U.S.C. 922(g) prohibits the shipment, transportation, receipt, or possession in or affecting interstate commerce of a firearm by one who: has been convicted of a felony in any Federal, State or local court, or any other crime, punishable by imprisonment for a term exceeding one year (this does not include State misdemeanors punishable by imprisonment of two years or less)...

Good to know.

[Gunsnwater]

Dick move.

Seller already knows of an issue. Bad karma does not respect "the letter of the law".

"Pay it forward" is a great philosophy.

Agreed

[McSull]

Buyer should consult a lawyer before attempting a background check.

[Walleye Hunter]

Isn’t over 1yr prohibiting? It’s been taught to me that way for Pa. ianal

I believe that if it is a federal offense the one year limit applies, with state misdemeanors it's 'more than two years' except for misdemeanors that are violent in nature. If you search, the form is available on line and it is outlined in the instructions, which are referred to in the box that you check for that item.

[Gripsafety]

ARD is not a conviction. He should do a check of himself on PATCH if that is the only issue he might have.

[bug]

Dick move.

Seller already knows of an issue. Bad karma does not respect "the letter of the law".

"Pay it forward" is a great philosophy.

It would be a dick move if the seller does not advise the buyer of the potential problem. Not so much the money loss but the very real possibility that he (buyer) could be arrested if he fails PICS. It sounds like he would pass with what's provided but he should check first. If, after being made aware of the potential problems, he wants to proceed, well........

[Emptymag]

I wonder if the OP has been back since the first reply or two.
Way too many people accept the first answer they get ftom a stranger - especially when the answer is what the person wanted to hear.

Wonder what ultimately happened.

[esh21167]

Buyer should consult a lawyer before attempting a background check.

Good advice. OP/seller could suggest that to buyer. If not, PSP might very well get involved, though that's probably not going to happen immediately. Imagine thinking you'd pass, failing, then just going on your merry way only to be visited by PSP weeks later to arrest you for the felony of lying on the 4473. Could ruin your day.

[PAwhitetailbowhunter]

I got some looking to buy a gun from me that has a past criminal mischief charge, $3000 in damages. He got a $2000 fine & ARD would, Would that make him unable to own a firearm?

Just wondering if anyone knows.

Thanks

Did he complete the ARD program? Did he, after completing the ARD program, have the charges dismissed and have his record expunged?? If he was admitted into ARD, he has a lawyer and he should 100% check with his attorney before possibly breaking the law further by potentially being prohibited and attempting to illegally purchase a firearm.

He can check the legal status of his case at the following web site. https://ujsportal.pacourts.us/DocketSheets/CP.aspx

If it has been expunged, there should be NO record of his charges.

If he is not 100% certain, he should without question contact his attorney before attempting a purchase.

[yeahbuck36]

Tell me I’m wrong here. If buyer fails, seller has to pay for and go through a background check and form to get their gun back from ffl as its now in their book. Like I said, I’d walk.

Yes they do. Had it happen more than a few times were in the shop I worked for where two guys would come in for a private party transfer, the buyer would fail the pics check. Then we'd run the check on the seller and sure enough, they'd fail too. I ended up making a form that explained that the process to both parties that they had to sign before we would continue with the transactions. We were also doing them for $10 at the time, so we got a lot of traffic for transfers.