Pennsylvania Firearm Owners Association
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  1. #61
    Join Date
    Sep 2014
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    Quakertown, Pennsylvania
    (Bucks County)
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    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    Quote Originally Posted by internet troll View Post
    I'm really curious how this turned out.
    I was denied and had to file a challenge form and it took about a month and I got my reversal letter and picked uo my gun. I have bought about 12 guns sence the. with out a problem.

  2. #62
    Join Date
    Jan 2012
    Location
    Glen Mills, Pennsylvania
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    6,805
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    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    Quote Originally Posted by reaper18951 View Post
    I was denied and had to file a challenge form and it took about a month and I got my reversal letter and picked uo my gun. I have bought about 12 guns sence the. with out a problem.
    Thanks for settling the curiosity. Not sure how i missed this post until now.

  3. #63
    Join Date
    Apr 2019
    Location
    Southeast PA, Pennsylvania
    (Montgomery County)
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    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    New guy here to revive this thread folks.
    I recently got a PICS denial but it appears I will win a challenge based upon the following:

    Federal law prohibits a person who is under indictment for, or has been convicted of a crime that would be punishable by a term of imprisonment exceeding one year, or state misdemeanors punishable by a term of imprisonment exceeding two years (under current PA law, any offense graded as an M-1 or higher would be prohibiting). The key issue here is the maximum penalty you could have received for the crime, not the actual penalty that you did receive.

    I did violate 3802 section A(DUI). It was my first offense and I received ARD. I fulfilled all of my duties and have the records to reflect that.
    The paragraph that appears to solidify my case is found in pa title 75, chapter 3803

    § 3803. Grading.
    (a) Basic offenses.--Except as provided in subsection (b):
    (1) An individual who violates section 3802(a) (relating to driving under influence of alcohol or controlled substance) and has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804 (relating to penalties).

    According to this, the “maximum” time I could’ve received was 6 months(I did no jail time).

    If any of our (in)famous lawyers are hanging around, chime in and let me know if I’m on the right path.

    Gonna read the hell out of those statutes again this weekend and most likely send the challenge in the mail next week.

  4. #64
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
    Age
    48
    Posts
    10,994
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    21474858

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

    Denial for purchase or LTCF?

    Under the influence of alcohol or "controlled substance".

  5. #65
    Join Date
    Apr 2019
    Location
    Southeast PA, Pennsylvania
    (Montgomery County)
    Posts
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    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    Quote Originally Posted by gnbrotz View Post
    Denial for purchase or LTCF?

    Under the influence of alcohol or "controlled substance".
    Purchase and Alcohol, specifically.

    I’ve looked at the case records of some of the folks who have been arrested for “lying” on the forms and my file looks nothing like theirs.
    I have no jail time listed on my docket sheet and my violation was an ungraded misdemeanor which is treated like an M3.
    According to the PSP challenge form, M1 and above are prohibiting so I should be ok to challenge and should win as well.

    I’m very sorry for what I’ve done, embarrassed myself and let my family down.
    Since then I’ve kept my nose clean and plan to continue doing so.

  6. #66
    Join Date
    Nov 2007
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    1891535

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

    Quote Originally Posted by 40onem View Post
    New guy here to revive this thread folks.
    I recently got a PICS denial but it appears I will win a challenge based upon the following:

    Federal law prohibits a person who is under indictment for, or has been convicted of a crime that would be punishable by a term of imprisonment exceeding one year, or state misdemeanors punishable by a term of imprisonment exceeding two years (under current PA law, any offense graded as an M-1 or higher would be prohibiting). The key issue here is the maximum penalty you could have received for the crime, not the actual penalty that you did receive.

    I did violate 3802 section A(DUI). It was my first offense and I received ARD. I fulfilled all of my duties and have the records to reflect that.
    The paragraph that appears to solidify my case is found in pa title 75, chapter 3803

    § 3803. Grading.
    (a) Basic offenses.--Except as provided in subsection (b):
    (1) An individual who violates section 3802(a) (relating to driving under influence of alcohol or controlled substance) and has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804 (relating to penalties).

    According to this, the “maximum” time I could’ve received was 6 months(I did no jail time).

    If any of our (in)famous lawyers are hanging around, chime in and let me know if I’m on the right path.

    Gonna read the hell out of those statutes again this weekend and most likely send the challenge in the mail next week.
    Here you will be judged.........

  7. #67
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
    Age
    48
    Posts
    10,994
    Rep Power
    21474858

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

    Quote Originally Posted by 40onem View Post
    Purchase and Alcohol, specifically.

    I’ve looked at the case records of some of the folks who have been arrested for “lying” on the forms and my file looks nothing like theirs.
    I have no jail time listed on my docket sheet and my violation was an ungraded misdemeanor which is treated like an M3.
    According to the PSP challenge form, M1 and above are prohibiting so I should be ok to challenge and should win as well.

    I’m very sorry for what I’ve done, embarrassed myself and let my family down.
    Since then I’ve kept my nose clean and plan to continue doing so.
    If everything is as stated, I agree you should prevail on appeal.

    If there are any hiccups or reason you think it may be time to seek professional advice, many here (including myself) highly recommend Phil Kline in Quakertown. He is a moderator here, and uses the screen-name GunLawyer001.
    Last edited by gnbrotz; April 6th, 2019 at 05:28 PM.

  8. #68
    Join Date
    Apr 2019
    Location
    Southeast PA, Pennsylvania
    (Montgomery County)
    Posts
    7
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    0

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

    Quote Originally Posted by fingers80002 View Post
    Here you will be judged.........
    There’s only one man’s judgement I’m worried about and he doesn’t reside here.

  9. #69
    Join Date
    Apr 2019
    Location
    Southeast PA, Pennsylvania
    (Montgomery County)
    Posts
    7
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    0

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

    Quote Originally Posted by gnbrotz View Post
    If everything is as stated, I agree you should prevail on appeal.

    If there are any hiccups or reason you think it may be time to seek profession advice, many here (including myself) highly recommend Phil Kline in Quakertown. He is a moderator here, and uses the screen-name GunLawyer001.
    I had a private chat with Phil and he gave some good advice.
    It seems they just haven’t updated their records. I’ll check back in when it’s all said and done.

  10. #70
    Join Date
    Dec 2010
    Location
    Erie, Pennsylvania
    (Erie County)
    Posts
    6,129
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    21474851

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

    Quote Originally Posted by fingers80002 View Post
    Here you will be judged.........

    Matthew 7, 1-3.
    Quote Originally Posted by Aggies Coach View Post
    Cause white people are awesome. Happy now......LOL.

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