Pennsylvania Firearm Owners Association
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  1. #1
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    Default PICS Challenge Denial----Help

    Can Someone Help Me,

    I was denied the purchase of a firearm by the PICS system for which I also appealed and was denied again. I just spoke to a someone at the PICS Challenge Office and this is what they said:

    I was convicted of 3921 M1 Theft by Unlawful taking - Mov property ($200-$2000) in 1995. (it was a mountain bike)

    They said I was not denied on the PA level because they only look at 3921 F2 and above but I was denied on the Federal Level per 18 USC 922(g)(1) which I was told is punishable up to 5 years in prison. (really a judge could of sentened me to 5 years in jail for taking a bike?????) I got 6 months probation

    I made a stupid descion as a young adult and I can never purchase a gun because of it...They told me the only thing I can do is try to get a Pardon from the Gov of PA.

    Can someone help me? Any other suggestions

  2. #2
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    Default Re: PICS Challenge Denial----Help

    If you were convicted of 3921 M1 Theft by Unlawful taking - Mov property ($200-$2000) in 1995, for the Feds, it doesn't matter what you got (probation) BUT, what you could have received. If the maximum sentence for 3921 at the M1 level was over 1 year in jail that is what makes you prohibited in the eyes of the Federal law.

    Remember, here is what the BATFE Form 4473 says in question 11.c.:

    Have you ever been convicted in any court of a felony, OR ANY OTHER CRIME (my emphasis) for which a judge COULD HAVE imprisoned you for more than 1 year, even if you received a shorter sentence including probation? A yes answer here is what prohibits you now I'm sorry to say.

    My only thoughts right now would be to see about a pardon. There may be some lawyers here that may have some different thoughts on the matter.

    BTW, you really don't need to post your question twice (here and in the Pennsylvania section), asking once will get you answers.
    Last edited by Xringshooter; April 23rd, 2012 at 01:09 PM.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  3. #3
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    Default Re: PICS Challenge Denial----Help

    Quote Originally Posted by Xringshooter View Post
    If you were convicted of 3921 M1 Theft by Unlawful taking - Mov property ($200-$2000) in 1995, for the Feds, it doesn't matter what you got (probation) BUT, what you could have received. If the maximum sentence for 3921 at the M1 level was over 1 year in jail that is what makes you prohibited in the eyes of the Federal law.

    Remember, here is what the BATFE Form 4473 says in question 11.c.:

    Have you ever been convicted in any court of a felony, OR ANY OTHER CRIME (my emphasis) for which a judge COULD HAVE imprisoned you for more than 1 year, even if you received a shorter sentence including probation? A yes answer here is what prohibits you now I'm sorry to say.

    My only thoughts right now would be to see about a pardon. There may be some lawyers here that may have some different thoughts on the matter.

    BTW, you really don't need to post your question twice (here and in the Pennsylvania section), asking once will get you answers.
    I know some one that entered a guilty plea for 18 § 3921 M1 Theft By Unlaw Taking-Movable Prop. Does that also mean that they cant even hand a firearm? I dont talk to that person that much and he has never showed an interest in going shooting never even talked to him about guns but if it did come up does that mean that he cant even handle a firearm? I only know that he had this charge because once in a while i go on here http://ujsportal.pacourts.us/DocketSheets.aspx and check out random people i know.

  4. #4
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    Default Re: PICS Challenge Denial----Help

    As I understand it, IF a person is prohibited, he cannot even touch a firearm and he/she cannot touch/handle/possess any AMMO either.

    IANAL

  5. #5
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    Default Re: PICS Challenge Denial----Help

    Quote Originally Posted by HiredGoon View Post
    As I understand it, IF a person is prohibited, he cannot even touch a firearm and he/she cannot touch/handle/possess any AMMO either.

    IANAL
    Thanks that's what i was thinking.

  6. #6
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    Default Re: PICS Challenge Denial----Help

    From what I know the only option you have at this point is a pardon.

    Secondly be damn glad they didn't arrest you for lying on the form. Whether intentional or not you technically lied.

  7. #7
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    Default Re: PICS Challenge Denial----Help

    You're cooked without a pardon, which I'm sure is a lengthy costly process.
    FUCK BIDEN

  8. #8
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    Default Re: PICS Challenge Denial----Help

    State misdemeanors that have a possible punishment the exceed 2 years are prohibitive by federal law.

    Since a PA M1 has a possible sentence of 5 years - the OP would be prohibited.

    A pardon is the only recourse. The pardon wont remove the item from your records though. So after getting a pardon you would need to get the record expunged.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

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  9. #9
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    Default Re: PICS Challenge Denial----Help

    Time machine?

    Sorry, that's all I got
    Those who make peaceful revolution impossible will make violent revolution inevitable.

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