Results 61 to 70 of 81
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April 12th, 2016, 08:14 PM #61Junior Member
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Quakertown,
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Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm
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December 30th, 2016, 02:30 PM #62
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April 5th, 2019, 04:15 PM #63Junior Member
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Southeast PA,
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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.
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April 5th, 2019, 06:58 PM #64
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".Get your "Guns Save Lives" stickers today! PM for more info.
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April 6th, 2019, 06:17 AM #65Junior Member
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Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm
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.
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April 6th, 2019, 08:00 AM #66Grand Member
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April 6th, 2019, 10:39 AM #67
Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm
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.
Get your "Guns Save Lives" stickers today! PM for more info.
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April 6th, 2019, 11:49 AM #68Junior Member
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April 6th, 2019, 11:57 AM #69Junior Member
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Southeast PA,
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April 6th, 2019, 12:39 PM #70
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