Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    May 2007
    Location
    Broomall, Pennsylvania
    (Delaware County)
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    Default Should he try to buy a gun?

    My sisters' kid (my nephew) wants to get into hunting. He came to me because he wants to buy a gun. He had a dui about 15 years ago but said that it went through ARD and was expunged. I had him go through the PATCH check and it came back NO RECORD in PA. He's never had any involvement out of state or anything else in PA. Is that data enough to go for a purchase and PICS check? TIA

    Bob D

  2. #2
    Join Date
    Feb 2013
    Location
    Ercildoun, Pennsylvania
    (Chester County)
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    Default Re: Should he try to buy a gun?

    If you're in question of his record go see an experienced lawyer before the situation comes to needing a lawyer. That's the best advice I can offer. I think Gun Lawyer (Phil Klein) on this forum may be close enough for you to go talk to.
    Corruption is the default behavior of government officials. JPC

  3. #3
    Join Date
    Jul 2013
    Location
    Mohnton, Pennsylvania
    (Berks County)
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    Default Re: Should he try to buy a gun?

    Ianal but if that’s the whole story, (nothing left out about anything) he should be ok. If your hiding anything a pics check is a terrible way to find out as that charge for false information and trying to buy from a prohibited person is prosecuted these days. Paying a lawyer becomes the cheap way to answer the question, "am I prohibited?".

    DUI for pot or drugs will be a problem
    The Gun is the Badge of a Free Man

  4. #4
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
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    Default Re: Should he try to buy a gun?

    We do a "due diligence" check for $200, which so far has a 100% accuracy record. Takes about an hour over the phone.

    Trying to buy a gun means that you risk placing a false answer on a Federal form which you hand to an FFL for the purpose of buying a gun, which can be prosecuted by the Feds and by the Commonwealth. Usually, just the Commonwealth prosecutes. Defending yourself from such a prosecution means that you risk a conviction which bars you from gun ownership for life, makes you pay fines, possibly serve prison time, and incur $5K to $20K in basic legal fees.

    There are many more prohibitors than just criminal convictions, and people are often wrong about "what happened in court". ARD looks a whole lot like probation, with fines paid and community service done and reporting to the Probation/Parole folks.

    To paraphrase the movie "Ronin", if there's any doubt, there is no doubt.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  5. #5
    Join Date
    Feb 2013
    Location
    Ercildoun, Pennsylvania
    (Chester County)
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    Default Re: Should he try to buy a gun?

    Oooops spelled Phil's last name wrong. Sorry about that.
    Corruption is the default behavior of government officials. JPC

  6. #6
    Join Date
    Apr 2013
    Location
    Glockin, Pennsylvania
    (Montgomery County)
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    Default Re: Should he try to buy a gun?

    $200 with Phil seems like a no brainer to me... Good luck.

  7. #7
    Join Date
    Jun 2010
    Location
    In the can, Pennsylvania
    (Montgomery County)
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    Default Re: Should he try to buy a gun?

    Call Phil, it's the smart play.
    Hope it all works out well for your nephew.
    Bern-
    How can you have any cookies if you don't drink your milk?

  8. #8
    Join Date
    May 2012
    Location
    Pittsburgh-South Hills, Pennsylvania
    (Allegheny County)
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    12252726

    Default Re: Should he try to buy a gun?

    He can download a copy of the 4473 and instructions, and read them beforehand.

    IMO, if you can read the 4473 and honestly answer it without hesitation, you're fine. It isn't meant to be a "gotcha" document, it's just a pretty basic checklist. Disqualifiers are pretty big ticket items and generally are things you'll know you did.

    Only exception I can readily think of is every now and then you hear a story about a 70YO that got a ticket for pot in 1972 and is denied based on being the user of an unlawful product and it just never got added to NICS until some clerk had some downtime and started going through old paper files and updating info.

    Whether that should potentially be a disqualifier is a whole different discussion.

  9. #9
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
    Posts
    20,351
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    Default Re: Should he try to buy a gun?

    Quote Originally Posted by JenniferG View Post
    Oooops spelled Phil's last name wrong. Sorry about that.
    Actually you spelled it right. He's spelling it wrong.

    Klein == small in german.
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  10. #10
    Join Date
    Feb 2013
    Location
    Ercildoun, Pennsylvania
    (Chester County)
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    Rep Power
    21474853

    Default Re: Should he try to buy a gun?

    Quote Originally Posted by streaker69 View Post
    Actually you spelled it right. He's spelling it wrong.

    Klein == small in german.
    My former electrician partner at work spells it Klein.
    Corruption is the default behavior of government officials. JPC

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