Questionable Background

[daschnoz]

** Not me **

One of the guys I work with asked me this question. Not knowing the answer, I refer to those who know more than me about these matters.

(PA Courts)
This dude did 6 years for aggravated assault/assault with a deadly weapon while waiting for his appeal to go through (greater charges of attempted homicide and others were dropped).

The appeal made it to the federal level, and the federal court let him plea down to misdemeanor simple assault. In theory, he was never found guilty of the charges which he spent 6 years in jail for. This was about 1-2 years ago.

The aggravated assault/assault with a deadly weapon should be expunged, correct - the only conviction that should appear on his record should be the simple assault? Correct?

What are his chances of passing PICS and purchasing a firearm?

How should he answer the "ever been convicted of felony?" question on the PICS form?

[Ricochet]

How should he answer the "ever been convicted of felony?" question on the PICS form?

If he was ONLY convicted of "misdemeanor simple assault" then he is not a felon.

[bac0nfat]

If he was ONLY convicted of "misdemeanor simple assault" then he is not a felon.

That's what I would think. Maybe he should talk to a lawyer first.

[phillykev]

Sounds to me like he was convicted of a felony, but that conviction was later overturned and reduced to a misdemeanor. I guess the question is, what is the status of that overturned conviction? I'm not sure it gets expunged as the OP stated. Or how it would appear on a background check.

[pyld]

He's going to need to talk to a lawyer. Even if he is not prohibited, the odds of PICS recognizing that are the same as a snowball in hell.

[Ricochet]

the odds of PICS recognizing that are the same as a snowball in hell.

Very good point.

[gnbrotz]

Misdemeanors can be prohibiting too. He needs to find out exactly what grade of misdemeanor he was convicted of.

[NuclearSociety]

Misdemeanors can be prohibiting too. He needs to find out exactly what grade of misdemeanor he was convicted of.

Sorry to jutt off topic but this is bullshit to me, just because of a mistake in ones past or because your side of the story was not believed you no longer have the right to defend your life with a firearm?

I know I'm gonna get flamed but I also don't think that felons should be prohibited. The 2nd amendment says shall not be infringed, not, if you commit a crime or even if you haven't and were found guilty of a crime you are prohibited.

sorry, had to vent that off .

[daschnoz]

From what he told me, it was a bar fight.

Ok, would it be worth him trying to buy a firearm to see what happens? If he is denied, he can file an appeal - correct? Would he be in any legal trouble for trying to purchase a firearm and being denied?

[bob2055]

I suggest he go online to the Pennsylvania State Police webiste download this form SP4-164 found here:

http://www.portal.state.pa.us/portal...cord_Check.pdf

Print the form and fill it out, send it in with a money order for $10.00. Check the box at the bottom "Access and Review". They will send him his complete criminal history in Pennsylvania. When they mail it back it will state what his convictions are. Then he can go from there. Takes about 3 weeks for them to mail back his criminal history. Also checking the "Access and Review" box at the bottom of the form, they will also include a challenge form for you to challenge any information on the criminal history he feels may be inaccurate.