Pennsylvania Firearm Owners Association
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  1. #21
    Join Date
    Sep 2009
    Location
    POCONO MOUNTAINS, PENNSYLVANIA, Pennsylvania
    (Monroe County)
    Age
    67
    Posts
    2,349
    Rep Power
    16973455

    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    This info was given to me verbally by the cheif public defender monroe co. I beleive it is pa. and also depends on what the felony was,again He did not cite but gave me this info during a conversation .

  2. #22
    Join Date
    Mar 2006
    Location
    Mountain Top, Pennsylvania
    (Luzerne County)
    Age
    47
    Posts
    11,946
    Rep Power
    238261

    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    Quote Originally Posted by PATRIOT FIRST & FOREMOST View Post
    This info was given to me verbally by the cheif public defender monroe co. I beleive it is pa. and also depends on what the felony was,again He did not cite but gave me this info during a conversation .
    Thanks for the follow-up info.... It would be new to me if this was correct.
    I'm quite certain you were given incorrect info. Without a specific provision in Pa. law, the only way to get *any* firearms rights restored is to have the offense annulled or pardoned (depending on grading) and those are "all or nothing" type deals.

    IANAL and hopefully a board attorney will chime in with more info if not confirmation one way or the other.
    _________________________________________

    danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
    you won't, I will not sit with my thumb up my bum and complain, because you will.
    Remember Meleanie

  3. #23
    Join Date
    Oct 2006
    Location
    Upper Pottsgrove, Pennsylvania
    (Montgomery County)
    Age
    46
    Posts
    3,650
    Rep Power
    0

    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    is a law to remove the disability but don't hold your breath I'll post it later or you can look in the reference section!

  4. #24
    Join Date
    Dec 2007
    Location
    Northampton County, Pennsylvania
    (Northampton County)
    Posts
    17,641
    Rep Power
    21474864

    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    There is a federal provision but it is not in use:

    http://www.atf.gov/firearms/faq/faq2.htm#a7

    Would not cover state. Don't know about that.

    A friend told me you can get relief in Maine if you get a CCW. Which makes no sense at all. Some day I'll try to look into it, sounds too crazy to be true.

  5. #25
    Join Date
    Dec 2009
    Location
    Delco PA, Pennsylvania
    (Delaware County)
    Posts
    62
    Rep Power
    52

    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    I went shooting with my brother at a range/gunshop in the area. He was inspired an attempted to purchase a handgun also. He too was placed in research (thinking it was the last name which I thought was the reason for my delay) I told him he should be approved. He got a call tuesday from the shop saying he was denied by PICS and to come get his money.

    My question is he was charged with Theft (graded M3) and recieving stolen property (also graded M3) and was placed on ARD for 2 years plus 40 of comm. service and restituion. He did everything and had a removal hearing in 2002 and the charges were "dropped???". Would this count as a conviction for him? On the Challenge form he was given it asked about arrest and he asked my if he should answer yes which I told him he should and then it asked about conviction and then (since he is not computer friendly) I told him I would ask around (around being here).

    On the PICS challenge form it also has this as a provision

    "Charged with or convicted of a crime punishable by imprisonment for a term exceeding one year,
    not including offenses pertaining to antitrust, unfair trade practices, restraints of trade, or
    regulation of business; or state offenses classified as misdemeanors and punishable by a term of
    imprisonment not to exceed two years."

    If he was charged with but not convicted with charges dropped is he still a prohibitted person?

    He says that they are M3 because thats what they said to him becuase he cooperated with the police so they charged him with M3 so he can get ARD.

    Sorry about the long post but it kinda bugged me out because I let a potenolly prohibitted person touch my gun after only having it for less than a week.

  6. #26
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
    Age
    46
    Posts
    18,327
    Rep Power
    21474866

    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    Quote Originally Posted by NS145 View Post
    I went shooting with my brother at a range/gunshop in the area. He was inspired an attempted to purchase a handgun also. He too was placed in research (thinking it was the last name which I thought was the reason for my delay) I told him he should be approved. He got a call tuesday from the shop saying he was denied by PICS and to come get his money.

    My question is he was charged with Theft (graded M3) and recieving stolen property (also graded M3) and was placed on ARD for 2 years plus 40 of comm. service and restituion. He did everything and had a removal hearing in 2002 and the charges were "dropped???". Would this count as a conviction for him? On the Challenge form he was given it asked about arrest and he asked my if he should answer yes which I told him he should and then it asked about conviction and then (since he is not computer friendly) I told him I would ask around (around being here).

    On the PICS challenge form it also has this as a provision

    "Charged with or convicted of a crime punishable by imprisonment for a term exceeding one year,
    not including offenses pertaining to antitrust, unfair trade practices, restraints of trade, or
    regulation of business; or state offenses classified as misdemeanors and punishable by a term of
    imprisonment not to exceed two years."

    If he was charged with but not convicted with charges dropped is he still a prohibitted person?

    He says that they are M3 because thats what they said to him becuase he cooperated with the police so they charged him with M3 so he can get ARD.

    Sorry about the long post but it kinda bugged me out because I let a potenolly prohibitted person touch my gun after only having it for less than a week.

    The potential to have a prohibited person touch your gun exists everywhere..

    If the M3's are the only items of interest, and he was denied - all he had to do is appeal the decision and explain what transpired. An ARD is normally followed up with a statutory expungement. With exception of a few situations one can claim to have never been arrested/convicted/etc of the expunged crime(s) after it has been granted. And said "history" is locked away. ..But sometimes not every tidbit is and raises questions later. Proof of expungement or just explaining things is usually all that is needed to get a reversal.

    I've helped almost a dozen folks get reversals(including myself). Sometimes all the PSP needs is an explanation to clear up something that gets flagged. Also, he could have gotten flagged because his name and physical attributes match a truly prohibited person.

    Just have him appeal it..
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa.

  7. #27
    Join Date
    Dec 2009
    Location
    Delco PA, Pennsylvania
    (Delaware County)
    Posts
    62
    Rep Power
    52

    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    Thanks......It's okay for him to sign sign the PICS challenge even with the stipulation of "being charged with or convicted" clause that the put in it?

  8. #28
    Join Date
    Dec 2007
    Location
    Pennsylvania
    (Lawrence County)
    Posts
    2,527
    Rep Power
    6462968

    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    If he got ARD it may not be automatically expunged, sometimes you need to go to the clerk of courts and fill out the paperwork for an expungement. It takes around 8 months. If the offenses are m3's they should still not be prohibitors.

  9. #29
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
    Age
    47
    Posts
    10,642
    Rep Power
    12361598

    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    Info regarding possible restoration of rights has been added to the OP.

  10. #30
    Join Date
    Mar 2011
    Location
    butler, Pennsylvania
    (Butler County)
    Posts
    1
    Rep Power
    0

    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    47 yr's ago we had a theft charge of a item for copper. It went to court & i rec'd 2 yr. probation at the time. This is the only thing on my record. So whoever i talked to in the license office he said the reason is that the penalty of probation could have been worst. What can i do to get this straightened out. Thanks!

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