for me, The "INSTANT backroud check failed!

[TwiztidRich]

I'm new here so please bear with me.
First a little about myself. I am a 56 year old white male with a full time job and my own home. I've worked for the same company for the last 15 years. I have a Wife and a 25 year old Son. I have not been in trouble with the law since my teen years and then it was only misdemeanors. I did have one unfortunate event in 1976. I was caught drinking and driving. At that time, I opted for the A.R.D. (Accelerated Rehabilitative Disposition) program. (http://www.co.Lancaster.pa.us/DA/cwp...?a=15&Q=464313) For those not familiar with the program, "Upon successful completion of the program, the DUI charge is dismissed. You will not serve a jail sentence. Furthermore, under the law, an offender's record for DUI may be expunged."
On April 7, 2009, I went to a gun dealer to buy a gun. A 357 Pistol. I felt that it was time to get one to protect my family.
12 BUSINESS days later, April 23, 2009 I received a call from the gun dealer saying that I was "Undetermined".
On April 25, 2009, I sent in my Challenge form. Today (May 4, 2009) I received a letter from the State Police in Harrisburg that said the reason I was determined to be UNDETERMINED (Denied) was because of the DUI I received in 1976!
Do the PA State Police truly feel that I am a threat to society because on a 33 year old DUI? Would they rather I buy a gun from a private seller and not even know if I have one unless I have to use it or would they rather have a record of my purchase from a licensed gun dealer? Why did the record come up since I completed the ARD program?
And they wonder why illegal guns are so prevalent!

[skyjerk]

I'm new here so please bear with me.
First a little about myself. I am a 56 year old white male with a full time job and my own home. I've worked for the same company for the last 15 years. I have a Wife and a 25 year old Son. I have not been in trouble with the law since my teen years and then it was only misdemeanors. I did have one unfortunate event in 1976. I was caught drinking and driving. At that time, I opted for the A.R.D. (Accelerated Rehabilitative Disposition) program. (http://www.co.Lancaster.pa.us/DA/cwp...?a=15&Q=464313) For those not familiar with the program, "Upon successful completion of the program, the DUI charge is dismissed. You will not serve a jail sentence. Furthermore, under the law, an offender's record for DUI may be expunged."
On April 7, 2009, I went to a gun dealer to buy a gun. A 357 Pistol. I felt that it was time to get one to protect my family.
12 BUSINESS days later, April 23, 2009 I received a call from the gun dealer saying that I was "Undetermined".
On April 25, 2009, I sent in my Challenge form. Today (May 4, 2009) I received a letter from the State Police in Harrisburg that said the reason I was determined to be UNDETERMINED (Denied) was because of the DUI I received in 1976!
Do the PA State Police truly feel that I am a threat to society because on a 33 year old DUI? Would they rather I buy a gun from a private seller and not even know if I have one unless I have to use it or would they rather have a record of my purchase from a licensed gun dealer? Why did the record come up since I completed the ARD program?
And they wonder why illegal guns are so prevalent!

so they denied the challenge?

[tes151]

You post says " DUI may be expunged." Apparently it wasn't. Call a lawyer and see what can be done to get it expunged.

[TwiztidRich]

Yes. I guess that I'm a real criminal!

[js1050]

I have never been arrested or charged for that matter. I too failed an instant background check here in PA. Phil Kline did the necessary legal work to secure my reversal. Mine was undetermined as well.

Phil Kline: 215 538 4444

Jason

[HiredGoon]

Just guessing here but the part you quoted "an offender's record for DUI may be expunged".
Maybe that means that is not automatically expunged...but that it can be. I'd say ask an attorney and see what can be done.

Also, you should not even think about buying a handgun from a private seller without having it transferred legally thru a licensed firearms dealer (FFL).

[TwiztidRich]

I have never been arrested or charged for that matter. I too failed an instant background check here in PA. Phil Kline did the necessary legal work to secure my reversal. Mine was undetermined as well.

Phil Kline: 215 538 4444

Jason

How much did it cost you?
Rich

[thetruepyromaniak]

On April 7, 2009, I went to a gun dealer to buy a gun. A 357 Pistol. I felt that it was time to get one to protect my family.

How much did it cost you?
Rich

Just my opinion, but my familys protection is worth any cost. I understand that some people may not be able to pursue such a thing with out hurting the family. Food first right, so I pose this question, as I am unsure. Does the DUI conviction prevent him from LEGALLY owning a long gun or shotgun? 12ga is still the best home defense in my book.

[TwiztidRich]

Also, you should not even think about buying a handgun from a private seller without having it transferred legally thru a licensed firearms dealer (FFL).[/QUOTE]

I have every intention of buying through a Licensed dealer. (If at all possible.) What I meant was I can see why people go that route since even people with minor scrapes with the law are treated like hardened criminals. The way the PA State Police feel, I have no more right to own a gun than a hardened criminal like a murder or a rapist! I don't like being put in that category over a 33 year old DUI!

[TwiztidRich]

Does the DUI conviction prevent him from LEGALLY owning a long gun or shotgun? 12ga is still the best home defense in my book.[/QUOTE]

My whole problem is where do our rights stop? What's next. No handgun ownership to jaywalkers? Don't laugh. If you are my age, It used to be NO background check. I believe in the background check but that was when it was to keep TRUE criminals from owning legal handguns. If you remember the shooting of the 3 Police Officers here, The shooter own legal guns and was dishonorably discharger from the service. They found my DUI and not his discharge? I think their system need revamped.