18 Pa.C.S. § 6105.1: Restoration Question

[DueceCoupe]

Back story:
11 years ago (1999) I stood mute to the charges of simple assault.
It was charges from my ex wife who after filing charges,committed herself to many different mental institutes.
I still wanted to be with Her,so stood mute to the charges.
I never touched Her,she went to throw a telephone at me when I attempted to leave,and smacked herself in the top of the head.
She then blamed me when the police showed up.
Berks county Court took that as a guilty plea and sentenced me to 1 year of probation and find Me 667.00.
11 years later,I have never got into any more trouble.
Thinking about going for a Pardon from the Governor and doing much research on the subject came across:
18 Pa.C.S. § 6105.1: Restoration of firearm rights
Called the Berks County Civil Court prothonatary and they have no idea what it is.
Called the Reading Pa state police who also had no idea what this is,but told me to challenge my rights through PICS,but that will not work.
It must be challenged through PICS 30 days after attempting to buy a gun,which I may not do.
I am remarried,have 4 children that I would like to teach how to hunt and shoot when they are old enough.
How do I get the application for firearm restoration?
Has anyone done this with success?
Help appreciated.

[ROCK-IT3]

What was the actual charge, per statute number? And have you actually tried to purchase a firearm and been denied. The reason I ask is because I plead guilty to simple assault and terroristic threats in 1986, however, I have never been denied by PICS for purchasing a firearm, and have my LTCF. (Disclaimer, I received ARD [accelerated something-something disposition], and after several years the charge was reduced on my record)

[tlgpa]

It must be challenged through PICS 30 days after attempting to buy a gun,which I may not do.

Apply for your Licesnse to Carry Firearms. If you fail the PICS, you can then challange.

http://www.pacode.com/secure/data/03...3/s33.121.html

[gnbrotz]

Apply for your Licesnse to Carry Firearms. If you fail the PICS, you can then challange.

http://www.pacode.com/secure/data/03...3/s33.121.html

Bad advice. The OP has already stated that he "knows" he can't buy firearms. This means he not eligible for a LTCF, and would have to answer one or more questions on the LTCF application dishonestly in order to have it processed, which is a separate criminal offense.

[tlgpa]

Bad advice. The OP has already stated that he "knows" he can't buy firearms.

Yea I thought about that after I posted.
I was only talking about buying a firearm not being the only way to fail a PICS.

[1713]

What was the actual charge, per statute number? And have you actually tried to purchase a firearm and been denied. The reason I ask is because I plead guilty to simple assault and terroristic threats in 1986, however, I have never been denied by PICS for purchasing a firearm, and have my LTCF. (Disclaimer, I received ARD [accelerated something-something disposition], and after several years the charge was reduced on my record)

It's probably not because he was charged with a Simple Assault, but because it's noted as "Domestic Violence related".

Another example of un-intended consequences from feel good legislation.

[DueceCoupe]

It's probably not because he was charged with a Simple Assault, but because it's noted as "Domestic Violence related".

Another example of un-intended consequences from feel good legislation.

My thoughts exactly.
I believe this was a misdemeanor 3?
Will have to dig out my paperwork to be sure.But....where does that leave me?
It seems that the PICS is a no-go.
But the restoration of firearm rights sounds perfect.
I just don't know where to start....
State Police,Civil Court....both don't know.
Contacted the DA's office by email,but feel this will probably be a dead end as well.
I appreciate all the responses so far.
Hoping that an application to restore rights can be picked up,otherwise I am looking to go for a pardon.
And I think that will be a long road.

[DueceCoupe]

What was the actual charge, per statute number? And have you actually tried to purchase a firearm and been denied. The reason I ask is because I plead guilty to simple assault and terroristic threats in 1986, however, I have never been denied by PICS for purchasing a firearm, and have my LTCF. (Disclaimer, I received ARD [accelerated something-something disposition], and after several years the charge was reduced on my record)

Yeah,It was simple assault,terroristic threats was dropped.
I was denied ARD which as you stated,actually is removed from your record.
Yes,I was denied purchase of a shotgun and a .380 pistol.
Also was barred from my LTCF.
Was called into the State Police and read the riot act (this was 2001)....I honestly had no idea that I could no longer own or possess any type of firearms.
They gave me the warning not to try it again.

[dsnover]

It's not going to be cheap, and there's no guarantee. You need a lawyer for this, and it will take time. And there's no guarantee. There are several lawyers that lurk the forums here who are capable of assisting you. (I can't seem to find the link that has them, but one in particular is GUNLAWYER001, who, if he can't help, I'm pretty sure that he knows someone in your area who can.)

For what it is worth, I'm of the opinion that the PA State Constitution is very clear, in that a citizen has a right to defend self and state, without question. I'm not a fan of the restrictions that are placed on persons who have served their time, or paid their fine. In other words, if a person is deemed 'safe' enough to be walking the streets, said person should have all rights restored. If a person is deemed 'less equal' than other citizens, and are feared to be a danger, then they should be behind bars. Period. A quote that I believe I read from someone's post/footer here sums it up rather nicely:

"Liberty is for all of us, not just the elite, and it can not be allowed to be withheld from the least and most wretched of us, for if it is, it was an illusion for all, the whole time."

[mattsomer]

Yeah,It was simple assault,terroristic threats was dropped.
I was denied ARD which as you stated,actually is removed from your record.
Yes,I was denied purchase of a shotgun and a .380 pistol.
Also was barred from my LTCF.
Was called into the State Police and read the riot act (this was 2001)....I honestly had no idea that I could no longer own or possess any type of firearms.
They gave me the warning not to try it again.

If you were deined ARD you are screwed. There is no recourse to get your case expunged. Sorry for the bad news.