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Thread: 2 cited in Tamaqa lying on 4473
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January 15th, 2018, 02:15 PM #1
2 cited in Tamaqa lying on 4473
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Two men were recently cited by Tamaqua police for lying on their applications to purchase a firearm.
Barry Wiliam Fulton, 52, of 189 W. Mountain Top Road, Summit Hill, visited Ed’s Sports Shop, 308 W. Broad St., on Dec. 12, interested in purchasing a Martin/Glenfield Model 60, .22 caliber rifle. When he filled out the ATF and state police forms, he checked the “no” box when asked if he had ever been committed to a mental institution.
Fulton was actually committed to a mental health facility in Lehigh County in 2015.
He was charged with providing false information on a firearms ownership application and making a sworn false statement.
Mark Marion Poehler, 56, no address given, attempted to buy a Glock 36, .45 caliber handgun from Ed’s Sports Shop on Dec. 15. Poehler checked no on the ATF and state police forms in answer to questions about drug use and crime convictions.
Poehler is a known drug abuser, with extensive criminal records in Florida and Massachusetts. He also received a dishonorable discharge from the U.S. Navy in connection with desertion.
He was charged with providing false information on a firearms ownership application and making a sworn false statement.Ecclesiastes 10:2 ...........
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January 15th, 2018, 02:46 PM #2
Re: 2 cited in Tamaqa lying on 4473
Owner Trigger Time LLc 01 FFL/NFA Saylorsburg, PA. Sales/Service/Transfers/Training
NRA CRSO/Pistol/Rifle/Shotgun inst. BSA Rifle/Shotgun Merit badge counselor. US Navy Marksmanship Team Staff
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January 15th, 2018, 02:51 PM #3
Re: 2 cited in Tamaqa lying on 4473
This isn't rare at all, unfortunately.
The PSP statistics for 2016 show over 7,000 investigations from PICS denials, over 700 arrests, and 356 criminal convictions; that's about 1 conviction every day, just in Pennsylvania.
http://www.psp.pa.gov/firearms-infor...ual_Report.pdf
Don't "try it and see if you pass the background check" by trying to buy a gun. These guys are going to have to pay thousands of dollars, may go to jail, and they could have avoided it all by talking to a competent firearms attorney and paying a couple hundred dollars to get a solid answer. I've done plenty of these, and not one person who I cleared has been subsequently denied by PICS (knock wood). At the same time, those who I determined are prohibited saved themselves arrest and prosecution by not making the mistakes that these 2 guys made.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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January 15th, 2018, 03:11 PM #4Grand Member
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January 15th, 2018, 03:19 PM #5Active Member
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Re: 2 cited in Tamaqa lying on 4473
Of the over 7000 investigations.....only 700 arrests.....and roughly half resulted in convictions. That means the pics system which relies on the nics system is only correct 10% of the time. 90% of the time, people are wrongly denied the purchase of a firearm. That’s horrendous.....and is what passes for reasonable gun control.
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January 15th, 2018, 03:25 PM #6
Re: 2 cited in Tamaqa lying on 4473
Owner Trigger Time LLc 01 FFL/NFA Saylorsburg, PA. Sales/Service/Transfers/Training
NRA CRSO/Pistol/Rifle/Shotgun inst. BSA Rifle/Shotgun Merit badge counselor. US Navy Marksmanship Team Staff
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January 15th, 2018, 03:55 PM #7
Re: 2 cited in Tamaqa lying on 4473
Actually, what they need for a conviction is a lot more than what they need for a proper denial.
A lot of the people who come to me were honestly unaware that they were prohibited, under circumstances where that was a reasonable mistake.
You can be taken in for observation, released within hours, and still be prohibited if the doctor sent out the 302 notice.
You can be convicted of a victimless crime, be sent on your way with a token fine and zero jail time, and still have a conviction that's prohibiting.
In fact, confusion is so rampant in the system that their lawyer, the prosecution, and the judge may have told them that pleading guilty would have no impact on their gun rights. We shouldn't demand that lay persons have a better grasp of the law than legal professional have.
The prosecution has to prove, beyond a reasonable doubt, that you understood the question on the 4473, that you knew the correct answer, and that you willfully chose to lie. There's a lot of room between "mistaken" and "lying".
Assuming that every PICS denial that ends without a conviction is proof of PICS incompetence, is like Congress assuming that every 302 commitment is proof of a life-long dangerous mental illness.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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January 15th, 2018, 04:47 PM #8
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January 15th, 2018, 05:50 PM #9Senior Member
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Re: 2 cited in Tamaqa lying on 4473
But shouldn't we demand that the law be written in such a way that a lay man/woman/addnewdescriptorhere (person) can understand it?
Not knocking the great works you have done, but why cannot laws be written to be understood by all and not a select few? I can pick up about 50-60% of the verbiage of legal documents, but there's still verbal judo that eludes me
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January 15th, 2018, 07:19 PM #10Grand Member
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Re: 2 cited in Tamaqa lying on 4473
Fake news.
Saw on CNN that anyone can come to PA and purchase firearms because we have no firearm laws n shit.
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