Pennsylvania Firearm Owners Association
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  1. #1
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    Question PICS "in Research" more common than before?

    Hello folks!

    I am making this post after reading dozens of other threads here of being lodged in the "in research status".

    Before I went out and tried to purchase a Glock 30, I did an extensive background search on my one juvenile adjudication and my one adult conviction (none are under 6105 and the adult was a max of 2 years, which I know the exception is state misdemeanors max of 2 years and less do not prohibit you) but I got thrown into the "in research" status.

    I am 21, I only attempted to buy a long gun before about 2 years ago and was thrown in an "in research" status again, but when I went back in 2 weeks Walmart said they lost the record for my attempted sale and couldn't give me a challenge form or anything.

    So I went up to a dealer with a good word and high-rating and tried to buy a Glock 30. I could see on the computer it was just spinning and spinning like requests were timing out. They said after 15 minutes that I am "in research", but that they have seen this alot recently and that it's far from a bad thing. They said a denial would have been instant since I put my SSN on the form and everything else truthfully.

    My juvenile adjudication (thank god it wasn't a conviction and they are not treated the same) was an F3 statute 7612, my adult conviction was an M2 statute 903. None are prohibiting offenses, even with a felony adjudication if it's not on 6105(b) or (c) with like murder and whatnot.

    Funny thing is after my M2 conviction, while on probation, the president judge ordered PSP to give me my taser (Taser X26) back while on county probation. PSP CPL gave it back (I cleared it with my PO first) and they said the day I am off probation I can lawfully carry it for self-defense (statute 908.1) which I won in court after they confiscated it from me. If the judge, PO, and PSP gave me back a taser which requires you to legally be able to possess firearms, I strongly doubt I am a prohibited person especially since none of my stuff falls within 6105 (c).

    Once I get my answer from PICS/NICS, I am applying for my CCW.

  2. #2
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    Default Re: PICS "in Research" more common than before?

    I could only suggest that you talk to a attorney that specializes in the PA uniform firearms act and the federal gun laws.

    My juvenile adjudication (thank god it wasn't a conviction and they are not treated the same) was an F3 statute 7612, my adult conviction was an M2 statute 903. None are prohibiting offenses, even with a felony adjudication if it's not on 6105(b) or (c) with like murder and whatnot.
    it may be true that it is not prohibited under to PA crimes code , but any felony is a problem with the federal gun law. Note question "C" on the 4473 form.

    c : Have you ever been convicted in any court of a felony, or any other crime for which the judge could have imprisoned you for more than one year even if you received a shorter sentence including probation?

  3. #3
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    Default Re: PICS "in Research" more common than before?

    Quote Originally Posted by CountryBoy08 View Post
    They said after 15 minutes that I am "in research", but that they have seen this alot recently and that it's far from a bad thing.
    Must sell alot of Ravens and Hipoints and convicts.

    And then what with the last attempt to buy?

    *grabs popcorn*
    Last edited by Rosco the Iroc; October 10th, 2019 at 01:34 PM.
    TriggerTime LLc 01/02 FFL CRSO/Pistol/Rifle/Shotgun inst. BSA Rifle/Shotgun MB Counselor

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    Default Re: PICS "in Research" more common than before?

    Quote Originally Posted by eagleclaw View Post
    I could only suggest that you talk to a attorney that specializes in the PA uniform firearms act and the federal gun laws.



    it may be true that it is not prohibited under to PA crimes code , but any felony is a problem with the federal gun law. Note question "C" on the 4473 form.
    But on question "C", it states "have been convicted". In Pennsylvania, adjudication is not a conviction and therefor isn't counted against you.

    The only adjudications that affect you are 6105 article 7 (I think there are 12 prohibited offenses) and article 8, which refers back to Section 6105 (b) of enumerated offenses.

    Plus, I highly doubt PSP would give me my law enforcement-grade taser back if I was a prohibited person since you lawfully have to be allowed possession to carry one.

    I will note, I was "charged with" (it was withdrawn as soon as it hit the magistrates) for prohibited possession. If I wasn't allowed to possess a firearm, I doubt the Commonwealth would've dropped that charge immediately.

    But for the record, I have no pending court matters, no probation/parole, I am a free man as of September.

  5. #5
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    Default Re: PICS "in Research" more common than before?

    Quote Originally Posted by eagleclaw View Post
    I could only suggest that you talk to a attorney that specializes in the PA uniform firearms act and the federal gun laws.



    it may be true that it is not prohibited under to PA crimes code , but any felony is a problem with the federal gun law. Note question "C" on the 4473 form.
    Also, 18 U.S. Code 921 Definitions:

    (20)The term “crime punishable by imprisonment for a term exceeding one year” does not include—
    (B)any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.
    What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
    https://www.law.cornell.edu/uscode/text/18/921

    https://fairlielaw.net/juvenile-prio...-firearms-act/

  6. #6
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    Default Re: PICS "in Research" more common than before?

    Quote Originally Posted by CountryBoy08 View Post
    Hello folks!

    I am making this post after reading dozens of other threads here of being lodged in the "in research status".

    Before I went out and tried to purchase a Glock 30, I did an extensive background search on my one juvenile adjudication and my one adult conviction (none are under 6105 and the adult was a max of 2 years, which I know the exception is state misdemeanors max of 2 years and less do not prohibit you) but I got thrown into the "in research" status.

    I am 21, I only attempted to buy a long gun before about 2 years ago and was thrown in an "in research" status again, but when I went back in 2 weeks Walmart said they lost the record for my attempted sale and couldn't give me a challenge form or anything.

    So I went up to a dealer with a good word and high-rating and tried to buy a Glock 30. I could see on the computer it was just spinning and spinning like requests were timing out. They said after 15 minutes that I am "in research", but that they have seen this alot recently and that it's far from a bad thing. They said a denial would have been instant since I put my SSN on the form and everything else truthfully.

    My juvenile adjudication (thank god it wasn't a conviction and they are not treated the same) was an F3 statute 7612, my adult conviction was an M2 statute 903. None are prohibiting offenses, even with a felony adjudication if it's not on 6105(b) or (c) with like murder and whatnot.

    Funny thing is after my M2 conviction, while on probation, the president judge ordered PSP to give me my taser (Taser X26) back while on county probation. PSP CPL gave it back (I cleared it with my PO first) and they said the day I am off probation I can lawfully carry it for self-defense (statute 908.1) which I won in court after they confiscated it from me. If the judge, PO, and PSP gave me back a taser which requires you to legally be able to possess firearms, I strongly doubt I am a prohibited person especially since none of my stuff falls within 6105 (c).

    Once I get my answer from PICS/NICS, I am applying for my CCW.
    Welcome to the PAFOA.

    While a lot of people can give you good information, the bottom line here is that you need to talk to a lawyer that specializes in gun law.
    That's the only way you will know with 100% certainty that you are handling the situation correctly without putting yourself in potential legal jeopardy.

    Phil Kline is a highly recommended attorney and a PAFOA moderator.
    I suggest that you contact Phil and see what he has to say about your situation.

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

    Best of luck to you.
    Bern-

    -
    We need EVERY gun owner to help protect our gun rights by voting pro gun in every election every year, not just presidential election years.

    Please make sure you are registered to vote here: https://www.pavoterservices.pa.gov/P...plication.aspx

    Pro gun voter guides are posted in PAFOA before every election here: http://forum.pafoa.org/forumdisplay.php?f=11

    Please also join the NRA, GOA, and FOAC to protect your Second Amendment right to own a gun.

    Join National Rifle Association (NRA) here: https://home.nra.org/
    Join Gun Owners of America (GOA) here: https://gunowners.org/
    Join Firearms Owners Against Crime (FOAC) here: https://foac-pac.org/
    -
    How can you have any cookies if you don't drink your milk?

  7. #7
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    Default Re: PICS "in Research" more common than before?

    Quote Originally Posted by CountryBoy08 View Post
    But on question "C", it states "have been convicted". In Pennsylvania, adjudication is not a conviction and therefor isn't counted against you.

    The only adjudications that affect you are 6105 article 7 (I think there are 12 prohibited offenses) and article 8, which refers back to Section 6105 (b) of enumerated offenses.

    Plus, I highly doubt PSP would give me my law enforcement-grade taser back if I was a prohibited person since you lawfully have to be allowed possession to carry one.

    I will note, I was "charged with" (it was withdrawn as soon as it hit the magistrates) for prohibited possession. If I wasn't allowed to possess a firearm, I doubt the Commonwealth would've dropped that charge immediately.

    But for the record, I have no pending court matters, no probation/parole, I am a free man as of September.
    I'm no expert. I just saw the word felony and thought that was the problem.

  8. #8
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    Default Re: PICS "in Research" more common than before?

    Quote Originally Posted by eagleclaw View Post
    I'm no expert. I just saw the word felony and thought that was the problem.
    You're good man! Trust me, if I was an adult with a felony - I would be no where near a gun shop let alone trying to buy one! That's just asking to catch a new charge haha.

    I will reach out to "gunlawyer" here and follow up with him!

  9. #9
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    Default Re: PICS "in Research" more common than before?

    So are you in "in research" or not?
    TriggerTime LLc 01/02 FFL CRSO/Pistol/Rifle/Shotgun inst. BSA Rifle/Shotgun MB Counselor

  10. #10
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    Default Re: PICS "in Research" more common than before?

    This may sound like a stupid question. When was your last firearm purchase? If it's been awhile, that might be why. Apparently they switch to something about a year-and-a-half to two years ago, and it's slowed things down dramatically. I ran across the same thing. Of course, it was two years ago, and it had been a little bit since I purchased a firearm.
    There is no greater sorrow than to recall in misery the time when we were happy - Dante.

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