Now I'm lost, PST denied transfer of a rifle now

[229Mick]

OK, I originally tried to get a Licenser To Cary Firearm. Which was refused because a DUI I had 14 years ago was a first degree misdemeanor (They referred to UFA 18 PA C.S. 6109, I found no such reference to the M1). Then I decided, while I try to resolve that issue, I'd at least get the gun so i could take my safety class and get some target practice in. That got refused because of the federal law 18 USC 922 (g) (1) which precludes anyone who "who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year". Of course the definition notes that it doesn't include (white collar crimes or) "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." This dui had a max of 2years at the time (and I did 30 days), so OK, I'll work on getting that straightened out too.

So I looked up the law a bit and found that the 'firearm' that I'm supposedly not allowed to have is defined as 'under 26 inches and has a barrel shorter than 16 inches', so I went to buy a shotgun that afternoon and had no problem other than it was delayed by the feds, who called the next morning and approved it. Sweet.

So that brings us to today when I drove all the way out to Hamburg to Cabela's to take advantage of their sale on the Bushmaster M4-16. Filled out the form and was notified that it was refused by the PSP and they gave me another PICS challenge form to send in.

Any idea what the deal is with these people? Are they just dicking around with me now or what? I read the AR PA law thread to see if there was something in there that might have effected it, but the only applicable information I noticed was that the PSP appears to be doing whatever they want in relation to applying UFL.

Any thoughts?? I'm going to send this off to the PICS unit tomorrow AM, but and eager to hear any of your thoughts...

Thanks

[normanvin]

People get refused or put into research all of the time. Just fill out the paper and send it in. At this point that is pretty much all you can do.

[cgbudde]

The problem is you tried to buy one of those evil black rifles, how dare you.

[knight0334]

OK, I originally tried to get a Licenser To Cary Firearm. Which was refused because a DUI I had 14 years ago was a first degree misdemeanor (They referred to UFA 18 PA C.S. 6109, I found no such reference to the M1). Then I decided, while I try to resolve that issue, I'd at least get the gun so i could take my safety class and get some target practice in. That got refused because of the federal law 18 USC 922 (g) (1) which precludes anyone who "who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year". Of course the definition notes that it doesn't include (white collar crimes or) "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." This dui had a max of 2years at the time (and I did 30 days), so OK, I'll work on getting that straightened out too.

So I looked up the law a bit and found that the 'firearm' that I'm supposedly not allowed to have is defined as 'under 26 inches and has a barrel shorter than 16 inches', so I went to buy a shotgun that afternoon and had no problem other than it was delayed by the feds, who called the next morning and approved it. Sweet.

So that brings us to today when I drove all the way out to Hamburg to Cabela's to take advantage of their sale on the Bushmaster M4-16. Filled out the form and was notified that it was refused by the PSP and they gave me another PICS challenge form to send in.

Any idea what the deal is with these people? Are they just dicking around with me now or what? I read the AR PA law thread to see if there was something in there that might have effected it, but the only applicable information I noticed was that the PSP appears to be doing whatever they want in relation to applying UFL.

Any thoughts?? I'm going to send this off to the PICS unit tomorrow AM, but and eager to hear any of your thoughts...

Thanks

When it comes to prohibited persons any type of gun is a "firearm". Handguns, rifles, shotguns and muzzleloaders. If you do have a M1, and if the codes do not have a specific penalty for a DUI M1, it defaults to the state basic M1 of 5 years(?).

You need to look up your case/docket and see what you were charged with and adjudicated to. If I remember correctly 14 years ago, DUI's were M3's, possibly higher if a multiple DUI offender. Present DUI's do have M1's as a possible charge depending on if an accident/damages/injuries were involved on the first DUI. And if you're a multiple DUI offender as well.

[normanvin]

When it comes to prohibited persons any type of gun is a "firearm". Handguns, rifles, shotguns and muzzleloaders. If you do have a M1, and if the codes do not have a specific penalty for a DUI M1, it defaults to the state basic M1 of 5 years(?).

You need to look up your case/docket and see what you were charged with and adjudicated to. If I remember correctly 14 years ago, DUI's were M3's, possibly higher if a multiple DUI offender. Present DUI's do have M1's as a possible charge depending on if an accident/damages/injuries were involved on the first DUI. And if you're a multiple DUI offender as well.

Why was he allowed to buy the shotgun buy not a rifle?

[Pa. Patriot]

Why was he allowed to buy the shotgun buy not a rifle?

PICS has false denials (and presumably false approvals) from time to time so the fact he was approved for one long gun and denied another unfortunately does not help solve the mystery.

[normanvin]

PICS has false denials (and presumably false approvals) from time to time so the fact he was approved for one long gun and denied another unfortunately does not help solve the mystery.

Never heard of a false approval. Guess it could happen.

[229Mick]

When it comes to prohibited persons any type of gun is a "firearm".

Can you cite that somewhere? Just so I can have a copy of that in my file for reference, along with the other inch thick of papers and forms? Thanks!

And thanks to everyone for their replies...

[Pa. Patriot]

Can you cite that somewhere? Just so I can have a copy of that in my file for reference, along with the other inch thick of papers and forms? Thanks!

And thanks to everyone for their replies...

18Pa.C.S.6105(i)

i Firearm.
-- As used in this section only, the term "firearm" shall include any weapons which are designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

[229Mick]

OK, thanks for all the replies folks.

I think I just made the whole thing moot. My attorney and I (as well as Knight) always remembered this being a lower grade misdemeanor, though neither of us had records going back that far. I just found the records access at the county court that the case was adjudicated, and I've found the records of the case itself... Guess what? It was in fact a second degree misdemeanor! It also lists the max sentence as 23 months.

The state records must have confused something in the transfer. I've already got the record correction paperwork from when all this started, so hopefully this will get everything straight fairly quickly. Then again it could take months...

In any event, at least my mind is at ease that no one is going to show up and charge me for having the shotgun or something. That was really starting to concern me as the firearm definition was clarified!

Thanks again for all your help, and for this resource!

Mick