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Thread: Denied purchase

  1. #1
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    Default Denied purchase

    I have 1980 conviction for retail theft, a misdemeanor, and background check came denied, was told to file an appeal, is it worth it?

  2. #2
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    Default Re: Denied purchase

    Quote Originally Posted by spoloway View Post
    I have 1980 conviction for retail theft, a misdemeanor, and background check came denied, was told to file an appeal, is it worth it?
    Don't think you were denied for a misdemeanor retail theft conviction. I would hire an attorney who specialized in PA Gun laws and get him to figure out why you were denied and possibly help you get your rights back. There are several attorneys on this forum that can help you.
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  3. #3
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    Default Re: Denied purchase

    Quote Originally Posted by spoloway View Post
    I have 1980 conviction for retail theft, a misdemeanor, and background check came denied, was told to file an appeal, is it worth it?
    Welcome to the PAFOA.

    Your question should be directed to an attorney that specializes in gun law.
    That is the only way to be sure you are getting 100% reliable advice.

    Phil Kline is a highly recommended attorney and a PAFOA moderator.
    I strongly suggest that you contact Phil and see what he has to say about your situation.
    Phil will usually let you know your options before money gets involved.

    Attorney Phil Kline email here: gunlawyer001@gmail.com
    Attorney Phil Kline private message here: http://forum.pafoa.org/private.php?do=newpm&u=1125

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  4. #4
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    Default Re: Denied purchase

    Quote Originally Posted by WCMG View Post
    Don't think you were denied for a misdemeanor retail theft conviction.
    Why not? There are several statutory variables that *would* make it a prohibiting conviction, including an M1 option. It is certainly possible, from a legal standpoint.

    (b) Grading.--

    (1) Retail theft constitutes a:

    (i) Summary offense when the offense is a first offense and the value of the merchandise is less than $150.

    (ii) Misdemeanor of the second degree when the offense is a second offense and the value of the merchandise is less than $150.

    (iii) Misdemeanor of the first degree when the offense is a first or second offense and the value of the merchandise is $150 or more.

    (iv) Felony of the third degree when the offense is a third or subsequent offense, regardless of the value of the merchandise.

    (v) Felony of the third degree when the amount involved exceeds $1,000 or if the merchandise involved is a firearm or a motor vehicle.
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  5. #5
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    Default Re: Denied purchase

    If your conviction was a first degree misdemeanor, you're beat.

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