Gun ownership after two misdemeanors over 30 years ago

[74Shovel]

I recently tried to buy an old mauzer rifle for my son-in-law to hunt with from Dunhams. After filling out the paperwork I was told they needed to investigate farther and would be contacted as soon as they heard anything. well it's been 10 days and nothing! I had a D.U.I. in 1979, and a simple assault in 1980, both misdemeanors. Is this a problem? If so is there any way to fix it? seems I should've heard something by now. Thanks; Sam

[ehidle]

http://reference.pafoa.org/statutes/...sfer-firearms/

[gnbrotz]

http://forum.pafoa.org/general-2/383...-firearms.html

[MDJschool]

• well it's been 10 days and nothing!
• I had a D.U.I. in 1979, and a simple assault in 1980,

Please note the following if you don't find it elsewhere:

An FFL may not deliver a firearm to you by PA law unless it receives an approval number from PICS. PICS has an ability to put you into research for up to 15 days, and has a duty to notify the dealer at the point they have reasonably concluded that you should be denied or allowed to receive the firearm (in the latter case, the dealer will finally receive the approval number.) Although the dealer is supposed to receive a decision before or up to day 15, receiving no notification means that the transfer is to be deemed denied. I don't know exactly how the time tolls, but I would call a dealer back on day 17 (where I included the day of the check and the day I call as days) to confirm what the dealer knows by that time. By day 17 where a dealer will not release the firearm, the only administrative response is through filing a challenge to have the denial overturned.

For the purposes of firearms disabilities under 18 USC 922, regarding crimes among the several states (i.e. a conviction with a max possibly jailtime of more than 2 years), the disability is sourced from the maximum possible penalty for the crime at the time of commission, rather than what it may be graded now. You would need to refer to the grading of the crime on the conviction and then reference the statute at hand and the max penalties (whether or not that was your ACTUAL sentence) for the crime at that time. I know that DUI statutes have seen grading changes over the years, so you would really need to research what that means for you.

[DonM55]

One DUI in 79 will not come into play. I believe it's 3 in a 5 yr period. I had one in 98 (stupid-never again) and have since bought 3 handguns and renewed my LTCF and got my Utah permit.

[MDJschool]

One DUI in 79 will not come into play. I believe it's 3 in a 5 yr period. I had one in 98 (stupid-never again) and have since bought 3 handguns and renewed my LTCF and got my Utah permit.

Please cite the offense and grading statutes for a 1979 DUI. How do you know, then, whether it would come into play?

[anonymouse]

Was there ever a time when the maximum penalty for one DUI was prohibiting?

[DonM55]

Please cite the offense and grading statutes for a 1979 DUI. How do you know, then, whether it would come into play?

oops was thinking LTCF. However today one dui is not reason to disqualify you from buying a gun. If so please provide statues

[MDJschool]

Was there ever a time when the maximum penalty for one DUI was prohibiting?

oops was thinking LTCF. However today one dui is not reason to disqualify you from buying a gun. If so please provide statues

It's not about the number of DUIs, it's about the possibility that a DUI carried a max penalty of over 2 years decades ago. Rest assured I'm on WestLaw right now trying to ascertain the grading.

[DonM55]

It's not about the number of DUIs, it's about the possibility that a DUI carried a max penalty of over 2 years decades ago. Rest assured I'm on WestLaw right now trying to ascertain the grading.

I was 19 in 79.Believe a 1st DUI (only) no accident etc carried no jail time. fines and suspension only. clearly the laws about DUI have only gotten tougher. Even today a 1st doesn't carry 2 years.