Pennsylvania Firearm Owners Association
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  1. #71
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    Default Re: PICS denial question

    Quote Originally Posted by RobM1974 View Post
    I may consider that. But I see and understand the law pretty well. PICS is saying that my crime is enumerated under PA statues but when I look into them they don’t have the charge and conviction I have.

    Under Oklahoma law, if you enter someone else’s property without their permission, you may be charged with breaking and entering. The crime of breaking and entering is separate and distinct from the crime of burglary, which includes the element of breaking and entering.

    Breaking and Entering vs. Burglary

    Although these crimes are similar in nature, the law states that burglary involves breaking and entering into someone else’s property with intent to commit a crime. There are several elements that must be proven in order to convict a person of burglary; breaking and entering is one element.

    However, entering someone else’s property without their permission—even if there is no intent to commit a crime—can be considered breaking and entering.

    Penalties for Breaking and Entering

    While burglary is typically a felony offense, breaking and entering is considered a misdemeanor. The maximum penalty for breaking and entering is one year in a county jail and/or a fine of up to $500.
    I think you are missing the point.

    The PSP is not going to debate their understanding of the law with you.
    The only venue for that is through legal action.

    What the PSP may do is come after you for filing a "false" gun application.
    For that reason alone you should talk to Phil now and make sure you have a game plan that spares you unnecessary hardship.
    -
    How can you have any cookies if you don't drink your milk?

  2. #72
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    Default Re: PICS denial question

    I’m friends with an attorney locally. I’ll run it by him first, (no offense Phil). I’m also going to reach out to my state representative too. As far as them trying to come after me for a “false” gun application, it’s called probable cause. Given my background and info I’d like to see them try. Considering that again, I’m still act235 certified. With firearms. By the PSP. And the qualifications and background had to pass the same standards set by law and statue through the same PSP. The qualifiers to carry or own or buy firearms are mandated by PA Statute as well as the qualifiers for ACT 235. They are one and the same. One department isn’t talking to another from what I’m seeing. I appreciate what everyone has shared so far from the attorneys on here as well as others. I will keep you all advised on this as I hear.

  3. #73
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    Default Re: PICS denial question

    You didn't have to fill out a 4473 for act 235.
    Crusader's local #556 South Central Asia chapter

  4. #74
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    Default Re: PICS denial question

    Quote Originally Posted by RobM1974 View Post
    I’m friends with an attorney locally. I’ll run it by him first, (no offense Phil). I’m also going to reach out to my state representative too. As far as them trying to come after me for a “false” gun application, it’s called probable cause. Given my background and info I’d like to see them try. Considering that again, I’m still act235 certified. With firearms. By the PSP. And the qualifications and background had to pass the same standards set by law and statue through the same PSP. The qualifiers to carry or own or buy firearms are mandated by PA Statute as well as the qualifiers for ACT 235. They are one and the same. One department isn’t talking to another from what I’m seeing. I appreciate what everyone has shared so far from the attorneys on here as well as others. I will keep you all advised on this as I hear.
    Go with any attorney you like, just make sure they specialize in gun law.
    Best of luck to you.
    Bern-
    How can you have any cookies if you don't drink your milk?

  5. #75
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    Default Re: PICS denial question

    Stands to reason that an attorney who has a high client count having generated interaction with the PSP re the specified problem, is going to understand the unspoken and the probable result of an action based on past experience. It's that experience and ability to read between the lines that you pay for, skipping the bad parts that might be created if the attorney has to wing it and learn on your dime. Good luck. Sounds like PSP should see their error and correct it. If they don't, I'd take that as a dire warning that a GUN lawyer is desperately needed.
    Last edited by Bang; April 15th, 2019 at 09:04 PM.
    There are two kinds of guns. Those I have acquired, and those I hope to.

  6. #76
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    Default Re: PICS denial question

    You didn't have to fill out a 4473 for act 235.


    And I answered truthfully. I just reread the form. It specifically states if I had been convicted of a Felony or a conviction that could be punishable by imprisonment OVER a year. The max on my conviction was up to a year. And it is a misdemeanor. Oklahoma doesn’t have different classifications for misdemeanors like PA does. Its pretty basic and cut and dried. And it’s a federal form. It’s there in black and white. I’m not prohibited under federal guidelines. I wouldn’t have been able to own a gun back then if that had been the case. Or to be a certified police officer in the very same state. Nothing in my background has changed since that time.

  7. #77
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    Default Re: PICS denial question

    Default Re: PICS denial question
    Stands to reason that an attorney who has a high client count having generated interaction with the PSP re the specified problem, is going to understand the unspoken and the probable result of an action based on past experience. It's that experience and ability to read between the lines that you pay for, skipping the bad parts that might be created if the attorney has to wing it and learn on your dime. Good luck. Sounds like PSP should see their error and correct it. If they don't, I'd take that as a dire warning that a GUN lawyer is desperately needed.

    I agree with what your saying. I’m not an attorney. That being said, I’m still not getting an answer to my question on here. Can PA prohibit me under PA statues if the crime I’m convicted of isn’t prohibited in OK from owning/possessing?

  8. #78
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    Default Re: PICS denial question

    Quote Originally Posted by RobM1974 View Post
    Default Re: PICS denial question
    Stands to reason that an attorney who has a high client count having generated interaction with the PSP re the specified problem, is going to understand the unspoken and the probable result of an action based on past experience. It's that experience and ability to read between the lines that you pay for, skipping the bad parts that might be created if the attorney has to wing it and learn on your dime. Good luck. Sounds like PSP should see their error and correct it. If they don't, I'd take that as a dire warning that a GUN lawyer is desperately needed.

    I agree with what your saying. I’m not an attorney. That being said, I’m still not getting an answer to my question on here. Can PA prohibit me under PA statues if the crime I’m convicted of isn’t prohibited in OK from owning/possessing?
    If they can't, and they do, then that's the reality you need to deal with.

    Once they do, they will handle it like it's a legitimate disposition, right or wrong, and then you are left with everything else that comes with that.
    You need to speak with an experienced gun attorney who will be able to tell you what jeopardy you may be in at this juncture, and what your best course of action is right now.

    Think about this.
    There are people on this forum that have had to take legal action against government for years over clerical disposition.

    Common sense doesn't play into it.
    You get what you get, and you have to deal with it as it is.
    -
    How can you have any cookies if you don't drink your milk?

  9. #79
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    Default Re: PICS denial question

    Quote Originally Posted by RobM1974 View Post
    That being said, I’m still not getting an answer to my question on here. Can PA prohibit me under PA statues if the crime I’m convicted of isn’t prohibited in OK from owning/possessing?
    Truth is even if you did get the answer you obviously want, it doesn't matter. No one here is denying you so it doesn't matter what anyone here says, thinks or agrees with, your battle is with the state. History has proven the best chance of winning a battle like this is with the help of someone like Mr. Kline. Or you can take your arguments and go fight the good fight yourself. For me, I would consider it money well spent for someone like GL who has expertise in these matters.

    .
    "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."- The Papers of Ben Franklin

  10. #80
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    Default Re: PICS denial question

    I would be concerned that filing a challenge could end in your 235 being revoked if they believe they are acting correctly and discover their "mistake" in the issuance of the 235. That would take away your means to make a living in that manner.

    It may be that PSP employee is looking at the Oklahoma charge and seeing more than a year in what they consider PA's equivalent statute. (Don't know if they can do that, and I didn't look anything up so it's just an idea).
    There are two kinds of guns. Those I have acquired, and those I hope to.

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