PICS denial question

[Bang]

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)

[RobM1974]

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 isn’t anything listed for breaking and entering as that doesn’t 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 I’m not convicted of.

[Walleye Hunter]

You're going to need a lawyer to sort that one out and it may be a long ride.

[RobM1974]

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 that’s for sure.

[gnbrotz]

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

[RobM1974]

Oklahoma Statutes
Title 21. Crimes and Punishments
§21-1438. 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 § 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. § 1438.)

Under Ok law it doesn’t rise to level of burglary as OK says that B+E is only one component. So I don’t understand why PA thinks that it’s covered under criminal trespass as it doesn’t 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 don’t know what they are doing apparently.

[GunLawyer001]

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.

[Berncly]

2 more seconds and I would have sent the contact Phil template :P

[RobM1974]

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?

[Walleye Hunter]

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.