PICS Challenge appeal

[Born2Climb]

I'll get right to the point,a couple months back I attempted to purchase a pistol,I was denied,I wrote my letter to explain what I thought it might be,as I was instructed to do,the psp send a denial list and instruct me to explain,I do,they uphold the denial,now at this point I figure lost cause,it was kind of an impulse buy any way and from what I can tell pretty costly from this point
Well after thinking about it I change my mind,problem is its past the thirty day allowance to appeal,and I need an opinion as to wether or not my denial reasons are overcomeable.
The issue is that my wife and I both enjoy hunting and sport shooting,I have two children and one on the way and I dont want them to not be able to be involved with firearms because of a few bad choices I made ten years ago,also the fact that they turn rapists and pedophiles loose every day,and I believe that if they can be given second/third/forth chances,the bad choices I made are not even close disqualifing or not.
I will post the reasons if someone believes they can help,thanks Randy

[TXDMERC73]

what was your reason for the denial can u figure out why you were denied?

if it was undetermined then you had a chance but since you said they kept the denial you must have done something very naughty in the past.

best thing to do is hire a lawyer and try to fight it if you feel they made a mistake, but if you had a felony charge in the past or drug charges or domestic violence then you can forget about hiring a lawyer.

[fingers80002]

Did you fill out the form, or just write the letter?

[knight0334]

Save your personal information. ...please do not post that in a public forum.

If your past involves one of the following, then you're prohibited from owning or possessing a firearm in PA. If not, there maybe legal actions that you could take yet.

(a) Offense defined.--
(1) A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.
(2)(i) A person who is prohibited from possessing, using, controlling, selling, transferring or manufacturing a firearm under paragraph (1) or subsection (b) or (c) shall have a reasonable period of time, not to exceed 60 days from the date of the imposition of the disability under this subsection, in which to sell or transfer that person's firearms to another eligible person who is not a member of the prohibited person's household.
(ii) This paragraph shall not apply to any person whose disability is imposed pursuant to subsection (c)(6).
(a.1) Penalty.--
(1) A person convicted of a felony enumerated under subsection (b) or a felony under the act of April 14, 1972 (P.L. 233, No. 64), [FN1] known as The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state, who violates subsection (a) commits a felony of the second degree.
(2) A person who is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. § 6108 (relating to relief), which order provided for the relinquishment of firearms, other weapons or ammunition during the period of time the order is in effect, commits a misdemeanor of the first degree if he intentionally or knowingly fails to relinquish a firearm, other weapon or ammunition to the sheriff as required by the order unless, in lieu of relinquishment, he provides an affidavit which lists the firearms, other weapons or ammunition to the sheriff in accordance with either 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or 6108.3 (relating to relinquishment to third party for safekeeping).
(3)(i) A person commits a misdemeanor of the third degree if he intentionally or knowingly accepts possession of a firearm, other weapon or ammunition from a person he knows is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. § 6108, which order provided for the relinquishment of the firearm, other weapon or ammunition during the period of time the order is in effect.
(ii) This paragraph shall not apply to:
(A) a third party who accepts possession of a firearm, other weapon or ammunition relinquished pursuant to 23 Pa.C.S. § 6108.3; or
(B) a dealer licensed pursuant to section 6113 (relating to licensing of dealers) or subsequent purchaser from a dealer licensed pursuant to section 6113, who accepts possession of a firearm, other weapon or ammunition relinquished pursuant to 23 Pa.C.S. § 6108.2.
(4) It shall be an affirmative defense to any prosecution under paragraph (3) that the person accepting possession of a firearm, other weapon or ammunition in violation of paragraph (3):
(i) notified the sheriff as soon as practicable that he has taken possession; and
(ii) relinquished possession of any firearm, other weapon or ammunition possessed in violation of paragraph (3) as directed by the sheriff.
(5) A person who has accepted possession of a firearm, other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3 commits a misdemeanor of the first degree if he intentionally or knowingly returns a firearm, other weapon or ammunition to a defendant or intentionally or knowingly allows a defendant to have access to the firearm, other weapon or ammunition prior to either of the following:
(i) The sheriff accepts return of the safekeeping permit issued to the party pursuant to 23 Pa.C.S. § 6108.3(d)(1)(i).
(ii) The issuance of a court order pursuant to subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to return of relinquished firearms, other weapons and ammunition and additional relief) which modifies a valid protection from abuse order issued pursuant to 23 Pa.C.S. § 6108, which order provided for the relinquishment of the firearm, other weapon or ammunition by allowing the defendant to take possession of the firearm, other weapon or ammunition that had previously been ordered relinquished.
(b) Enumerated offenses.--The following offenses shall apply to subsection (a):
Section 908 (relating to prohibited offensive weapons).
Section 911 (relating to corrupt organizations).
Section 912 (relating to possession of weapon on school property).
Section 2502 (relating to murder).
Section 2503 (relating to voluntary manslaughter).
Section 2504 (relating to involuntary manslaughter) if the offense is based on the reckless use of a firearm.
Section 2702 (relating to aggravated assault).
Section 2703 (relating to assault by prisoner).
Section 2704 (relating to assault by life prisoner).
Section 2709.1 (relating to stalking).
Section 2716 (relating to weapons of mass destruction).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 2910 (relating to luring a child into a motor vehicle).
Section 3121 (relating to rape).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3125 (relating to aggravated indecent assault).
Section 3301 (relating to arson and related offenses).
Section 3302 (relating to causing or risking catastrophe).
Section 3502 (relating to burglary).
Section 3503 (relating to criminal trespass) if the offense is graded a felony of the second degree or higher.
Section 3701 (relating to robbery).
Section 3702 (relating to robbery of motor vehicle).
Section 3921 (relating to theft by unlawful taking or disposition) upon conviction of the second felony offense.
Section 3923 (relating to theft by extortion) when the offense is accompanied by threats of violence.
Section 3925 (relating to receiving stolen property) upon conviction of the second felony offense.
Section 4912 (relating to impersonating a public servant) if the person is impersonating a law enforcement officer.
Section 4952 (relating to intimidation of witnesses or victims).
Section 4953 (relating to retaliation against witness or victim).
Section 5121 (relating to escape).
Section 5122 (relating to weapons or implements for escape).
Section 5501(3) (relating to riot).
Section 5515 (relating to prohibiting of paramilitary training).
Section 5516 (relating to facsimile weapons of mass destruction).
Section 6110.1 (relating to possession of firearm by minor).
Section 6301 (relating to corruption of minors).
Section 6302 (relating to sale or lease of weapons and explosives).
Any offense equivalent to any of the above-enumerated offenses under the prior laws of this Commonwealth or any offense equivalent to any of the above-enumerated offenses under the statutes of any other state or of the United States.
(c) Other persons.--In addition to any person who has been convicted of any offense listed under subsection (b), the following persons shall be subject to the prohibition of subsection (a):
(1) A person who is a fugitive from justice. This paragraph does not apply to an individual whose fugitive status is based upon a nonmoving or moving summary offense under Title 75 (relating to vehicles).
(2) A person who has been convicted of an offense under the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state, that may be punishable by a term of imprisonment exceeding two years.
(3) A person who has been convicted of driving under the influence of alcohol or controlled substance as provided in 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) or the former 75 Pa.C.S. § 3731, on three or more separate occasions within a five-year period. For the purposes of this paragraph only, the prohibition of subsection (a) shall only apply to transfers or purchases of firearms after the third conviction
(4) A person who has been adjudicated as an incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303 or 304 of the provisions of the act of July 9, 1976 (P.L. 817, No. 143), [FN2] known as the Mental Health Procedures Act. This paragraph shall not apply to any proceeding under section 302 of the Mental Health Procedures Act unless the examining physician has issued a certification that inpatient care was necessary or that the person was committable.
(5) A person who, being an alien, is illegally or unlawfully in the United States.
(6) A person who is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. § 6108, which order provided for the relinquishment of firearms during the period of time the order is in effect. This prohibition shall terminate upon the expiration or vacation of an active protection from abuse order or portion thereof relating to the relinquishment of firearms.
(7) A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense under sections 2502, 2503, 2702, 2703 (relating to assault by prisoner), 2704, 2901, 3121, 3123, 3301, 3502, 3701 and 3923.
(8) A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense enumerated in subsection (b) with the exception of those crimes set forth in paragraph (7). This prohibition shall terminate 15 years after the last applicable delinquent adjudication or upon the person reaching the age of 30, whichever is earlier.
(9) A person who is prohibited from possessing or acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to unlawful acts). If the offense which resulted in the prohibition under 18 U.S.C. § 922(g)(9) was committed, as provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to definitions), by a person in any of the following relationships:
(i) the current or former spouse, parent or guardian of the victim;
(ii) a person with whom the victim shares a child in common;
(iii) a person who cohabits with or has cohabited with the victim as a spouse, parent or guardian; or
(iv) a person similarly situated to a spouse, parent or guardian of the victim; then the relationship need not be an element of the offense to meet the requirements of this paragraph.

Plus any federal prohibitions like a felony conviction or any state misdemeanor with a possible penalty of more than two years.

[Born2Climb]

No felonies,there was a forged plate that "could've"been two years,it wasn't,that was 99,my ex tried to hop out of the car and I grabbed her hair,it was that or she would've really got hurt,it was disorderly involving Domestic,even though she told the police that I didnt mean her harm,that was 99,and back in 95 I was 16 and my girl broke up with me and I thought it was the end of the world and I made that dreadful comment "I dont want to live" well my mom flipped,and to the hospital I went,I was just a little boy,how can they hold that against me being underage.
I filled out a form initially,and wrote two letters,they actually sent a list with denial reasons and asked me to explain,and then they sent another letter saying that I could appeal to the attorney general and I waited past the thirty days,I dont want to start over from the gun shop,but I'm not going to stop though,it just dont seem right,and why dont they tell you that your prohibited when it happens.
So if I have disqualifiers theres no chance what so ever?
The other problem is that I own firearms an 06 a 12ga,and two .22mags,when I wrote my letters I informed them of that and asked what to do,they did not mention it at all.

[fingers80002]

IANAL, but from what you posted, you are either going to have to be happy with what you have, or spend alot of money getting things expunged.

[knight0334]

No felonies,there was a forged plate that "could've"been two years,it wasn't,that was 99,my ex tried to hop out of the car and I grabbed her hair,it was that or she would've really got hurt,it was disorderly involving Domestic,even though she told the police that I didnt mean her harm,that was 99,and back in 95 I was 16 and my girl broke up with me and I thought it was the end of the world and I made that dreadful comment "I dont want to live" well my mom flipped,and to the hospital I went,I was just a little boy,how can they hold that against me being underage.
I filled out a form initially,and wrote two letters,they actually sent a list with denial reasons and asked me to explain,and then they sent another letter saying that I could appeal to the attorney general and I waited past the thirty days,I dont want to start over from the gun shop,but I'm not going to stop though,it just dont seem right,and why dont they tell you that your prohibited when it happens.
So if I have disqualifiers theres no chance what so ever?
The other problem is that I own firearms an 06 a 12ga,and two .22mags,when I wrote my letters I informed them of that and asked what to do,they did not mention it at all.

ANY misdemeanor or higher crime of domestic violence is prohibiting by federal law. The only thing that stands a chance at reversing that is getting the US Congress to repeal that law.

If you were convicted of a domestics charge, you may not possess, own or even touch those guns you have right now.

[Born2Climb]

Money is a small price when a right is involved,it is just paper(lol),seriously though the fact that someone thinks it may be possible is an inspiration,my hopes were grim believe me,and it's not even so much about the pistol,it's my rights and dignity that concern me.I've never been so embarrassed in my life,friends family etc.and in the future why arent you allowed to have a gun daddy?It just gets me,I'm a full citizen in every other aspect,full time job and my own side business,great family,enormous responsibility rasing children,both girls at that.

[jcabin]

The laws on the books right now kinda suck. I know a guy who is a successful member of society that lived drug-free, non-violent life, obtained multiple degree's, clean record, but because he was hospitalized at 12 because of a traumatic experience, he cant own firearms.. how is that fair? it's beyond me.

[Born2Climb]

ANY misdemeanor or higher crime of domestic violence is prohibiting by federal law. The only thing that stands a chance at reversing that is getting the US Congress to repeal that law.

If you were convicted of a domestics charge, you may not possess, own or even touch those guns you have right now.

I dont want to change laws I want to prove that I'm not a threat to society.and what about hunting,why would I be able to by a valid liscense if I was prohibited from touching a firearm,its very confusing.