Pennsylvania Firearm Owners Association
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  1. #1
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    Default Will I be denied firearm purchase

    New here sorry if this info is listed somewhere else. I don’t want to get in trouble trying to buy a gun so I am asking for information before I try. In 2001 I was 1st offense, arrested for m1 theft/ receiving (cell phone) value was never established in the police report, So was valued less that $50. I was found guilty, I paid a $300 restitution $155 fine. 1year probation, My attorney said it was a stipulated 1st offense and I plea bargained to a lower grade. I ordered a Certified Disposition which shows I was originally charged with m1.
    PA state police criminal history doesn’t have a grade listed and the space is blank. Court summary and final disposition from court do not have a grade listed and the space is blank.
    I Had an FBI fingerprint background check, shows I was “arrested or receive” but doesn’t state wether I was convicted or not and no info about grades or sentencing.

    The criminal defense attorney I had in this matter said this conviction would not effect civil rights but he was not a firearms expert. would this ungraded misdemeanor disable me on a state or federal level from firearm possession or purchase (either or both)?
    I am more concerned with how federal law or NICS views this sort of matter.
    Last edited by Ppat; October 22nd, 2019 at 12:18 AM.

  2. #2
    Join Date
    Aug 2010
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    South East of disorder
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    Default Re: Will I be denied firearm purchase

    Send a PM to GunLawyer001. He is the man to see on this forum. You need an expert and he is it!
    Aggies Coach Really ??? Take off the tin foil bro.

  3. #3
    Join Date
    Jun 2010
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    In the can, Pennsylvania
    (Montgomery County)
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    Default Re: Will I be denied firearm purchase

    Quote Originally Posted by Ppat View Post
    New here sorry if this info is listed somewhere else. I don’t want to get in trouble trying to buy a gun so I am asking for information before I try. In 2001 I was 1st offense, arrested for m1 theft/ receiving (cell phone) value was never established in the police report, So was valued less that $50. I was found guilty, I paid a $300 restitution $155 fine. 1year probation, My attorney said it was a stipulated 1st offense and I plea bargained to a lower grade. I ordered a Certified Disposition which shows I was originally charged with m1.
    PA state police criminal history doesn’t have a grade listed and the space is blank. Court summary and final disposition from court do not have a grade listed and the space is blank.
    I Had an FBI fingerprint background check, shows I was “arrested or receive” but doesn’t state wether I was convicted or not and no info about grades or sentencing.

    The criminal defense attorney I had in this matter said this conviction would not effect civil rights but he was not a firearms expert. would this ungraded misdemeanor disable me on a state or federal level from firearm possession or purchase (either or both)?
    I am more concerned with how federal law or NICS views this sort of matter.
    -
    Welcome to the PAFOA.

    You should talk to a lawyer that specializes in gun law.

    Phil Kline is a highly recommended gun 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.
    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 National Rifle Association (NRA) and Gun Owners of America (GOA) to help protect your Second Amendment right to own a gun.

    Join NRA here: https://home.nra.org/
    Join GOA here: https://gunowners.org/
    -
    How can you have any cookies if you don't drink your milk?

  4. #4
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: Will I be denied firearm purchase

    An ungraded misdemeanor should be the equivalent of an M3 in most situations. However, there are a few exceptions.

    This is one of those times where you might want to spend a few bucks to have a lawyer consult you. He can look up your charges, convictions, and the law at the time of conviction.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J.

    Don't end up in my signature!

  5. #5
    Join Date
    Oct 2012
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    Douglassville, Pennsylvania
    (Berks County)
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    Default Re: Will I be denied firearm purchase

    I have to wonder why that question even remains on the 4473 at this point. They investigate our backgrounds anyway. And if it has to be there there should be a box you can check that reads, "Not Sure", so folks don't get in trouble over something like this.
    Where's Hunter?

  6. #6
    Join Date
    May 2007
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    Broomall, Pennsylvania
    (Delaware County)
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    Default Re: Will I be denied firearm purchase

    Quote Originally Posted by Walleye Hunter View Post
    I have to wonder why that question even remains on the 4473 at this point. They investigate our backgrounds anyway. And if it has to be there there should be a box you can check that reads, "Not Sure", so folks don't get in trouble over something like this.

    I agree 100%. There should be a way that an individual could have a NIC/PIC run for inquiry only. Pay the going rate and get a response. If approved, you're good to go. If you're denied, you get to file an appeal and learn the cause. Any further action is on you. I'm sure that there are pitfalls in something like this but the current system is vague at best. It can be treacherous to some.

    Bob D

  7. #7
    Join Date
    Jan 2013
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    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Will I be denied firearm purchase

    Quote Originally Posted by bug View Post
    I agree 100%. There should be a way that an individual could have a NIC/PIC run for inquiry only. Pay the going rate and get a response. If approved, you're good to go. If you're denied, you get to file an appeal and learn the cause. Any further action is on you. I'm sure that there are pitfalls in something like this but the current system is vague at best. It can be treacherous to some.

    Bob D
    It'd be interesting to know if a gun shop could or would do that.
    There are no pacts between lions and men.

  8. #8
    Join Date
    Jan 2007
    Location
    State College, Pennsylvania
    (Centre County)
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    Default Re: Will I be denied firearm purchase

    Quote Originally Posted by Krichardson View Post
    It'd be interesting to know if a gun shop could or would do that.
    NOPE, that is not allowed by PICS and the gun shop can get into trouble with the PSP for doing it. The only time a PICS check can be done is when a person is actually purchasing a firearm, either from a FFL or if doing a private sell/buy at a FFL.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  9. #9
    Join Date
    Oct 2019
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    Philadelphia
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    Default Re: Will I be denied firearm purchase

    I booked an appointment for Monday with Joshua Prince Law

  10. #10
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    Dec 2015
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    Fredon Twp, New Jersey
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    Default Re: Will I be denied firearm purchase

    Quote Originally Posted by Ppat View Post
    I booked an appointment for Monday with Joshua Prince Law
    Good move.
    "You gotta be alive to get paid."

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