Pennsylvania Firearm Owners Association
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  1. #51
    Join Date
    Feb 2010
    Location
    Levittown, Pennsylvania
    (Bucks County)
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    7,167
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    21474853

    Default Re: PICS denial question

    So, PSP is playing the odds. Deny and set aside. Percentage does not challenge, less work. Receive challenge, address the challenge. Meanwhile they keep guns out of the hands of... who cares. Even if they already have gun(s). Stretch it out for a month or more, might save a life. (#S)
    Legislating to prevent people's acts is fantasy

  2. #52
    Join Date
    Feb 2019
    Location
    Catasauqua, Pennsylvania
    (Lehigh County)
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    36
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    0

    Default Re: PICS denial question

    So got my challenge letter today. They stated my misdemeanor breaking and entering is a crime enumerated in 18 PA C.S 6105. When I looked into the statue, there isnít anything listed for breaking and entering as that doesnít exist. In pa it is criminal trespass. In Oklahoma it is considered a misdemeanor with up to a year in jail and $500 fine. In PA it is considered either a felony of 3rd degree or a first degree misdemeanor. Isn't PA supposed to follow the law in the state it happened in? Should I point out the relevant statues in OK pertaining to this? I called the PICS legal assistant and left a message to call me back. In any event under Oklahoma law the charge is a catch all for B+E. It is a completely different charge than burglary, which Iím not convicted of.

  3. #53
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
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    Default Re: PICS denial question

    You're going to need a lawyer to sort that one out and it may be a long ride.
    If it ain't broke it ain't mine.

  4. #54
    Join Date
    Feb 2019
    Location
    Catasauqua, Pennsylvania
    (Lehigh County)
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    Default Re: PICS denial question

    Looking at PA statues again it says:

    Section 3503 (relating to criminal trespass) if the offense is graded a felony of the second degree or higher.

    My conviction is considered a misdemeanor with up to a year in jail and $500 fine. Certainly not considered a felony thatís for sure.

  5. #55
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
    Age
    48
    Posts
    10,965
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    21474858

    Default Re: PICS denial question

    So when there's not an exact corresponding crime between states, who gets to pick what should be substituted?

  6. #56
    Join Date
    Feb 2019
    Location
    Catasauqua, Pennsylvania
    (Lehigh County)
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    Default Re: PICS denial question

    Oklahoma Statutes
    Title 21. Crimes and Punishments
    ß21-1438. Entering building or other structure with intent to commit felony, larceny or malicious mischief - Breaking and entering dwelling without permission.
    Universal Citation: 21 OK Stat ß 21-1438 (2014)
    A. Every person who, under circumstances not amounting to any burglary, enters any building or part of any building, booth, tent, warehouse, railroad car, vessel, or other structure or erection with intent to commit any felony, larceny, or malicious mischief, is guilty of a misdemeanor.

    B. Every person who, without the intention to commit any crime therein, shall willfully and intentionally break and enter into any building, trailer, vessel or other premises used as a dwelling without the permission of the owner or occupant thereof, except in the cases and manner allowed by law, shall be guilty of a misdemeanor.


    and

    Breaking and entering is a misdemeanor. (21 Ok. Stat. Ann. ß 1438.)

    Under Ok law it doesnít rise to level of burglary as OK says that B+E is only one component. So I donít understand why PA thinks that itís covered under criminal trespass as it doesnít rise to the level of even close to to a felony. In any case the max penalty in OK is up to a year in jail. Their legal assistants at PICS donít know what they are doing apparently.

  7. #57
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
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    21474861

    Default Re: PICS denial question

    What did the Oklahoma statute say at the time of the conviction?

    Statutes get amended. What matters is the elements that were satisfied to get a conviction under the permutation of the statute on that day. Looking it up online now is meaningless, you need the paperwork from the conviction and the affidavit of probable cause (or local equivalent). Or find a copy of the statute from that year.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ungawa's M16A1 is for sale, see the NFA ads! http://forum.pafoa.org/showthread.ph...06#post3835606

  8. #58
    Join Date
    Jun 2010
    Location
    In the can, Pennsylvania
    (Montgomery County)
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    Default Re: PICS denial question

    2 more seconds and I would have sent the contact Phil template :P
    How can you have any cookies if you don't drink your milk?

  9. #59
    Join Date
    Feb 2019
    Location
    Catasauqua, Pennsylvania
    (Lehigh County)
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    Default Re: PICS denial question

    Looking back thru the statues I canít find anything specific for 1996. However I did find a case where it was cited under 1991 law. The charge and penalty are the same. It hasnít changed since the incident in 96 under the current law as well. PA canít treat it under their statues correct? It has to be the law in the state in question at the time of the conviction right?

  10. #60
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
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    Default Re: PICS denial question

    Quote Originally Posted by RobM1974 View Post
    Looking back thru the statues I can’t find anything specific for 1996. However I did find a case where it was cited under 1991 law. The charge and penalty are the same. It hasn’t changed since the incident in 96 under the current law as well. PA can’t treat it under their statues correct? It has to be the law in the state in question at the time of the conviction right?
    Decisions like that might well be above the pay grade of those who are currently handling your case.
    If it ain't broke it ain't mine.

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