How did they pass NICS and not PICS

[X-Man]

If anyone has a question related to NICS- use their customer service telephone number: 877-444-6427. I called about my question and found them most helpful. They will do their best and, if needed, transfer your call to whom ever might have more information than they can provide. I think this customer service number is best used for general questions rather that for specific inquires.

[bug]

he he, good one here, and I don't get it.

Fellow I know passed NICS and FBI check and received his FL. permit.

BUT, he cannot pass PICS to buy, or get his PA LTCF, exact reason on his denial paper is beacause he COULD have been sentenced to more than 1 yr for a past conviction, he said happened like 12 yrs ago.

WTF.....I didn't know what to tell him, who wins on that one? does passing an FBI background check and NICS trump the PICS? and he's not BS ing, showed me his FL permit.......

I think your friend has a problem. I would advise him to consult a firearms attorney and get this straightened out. If he has been convicted in ANY court of a crime punishable by more than 1 year he may not buy, sell or posess firearms or ammo. Period. He may have been issued an FFL by BATF but they may not know that his conviction was a prohibiting one. Example, if you were convicted of DUI or Drag Racing in PA prior to '76 you are prohibited and can not have weapons, ammo or an FFL. Unless something has changed.

[Kenshin]

I think your friend has a problem. I would advise him to consult a firearms attorney and get this straightened out. If he has been convicted in ANY court of a crime punishable by more than 1 year he may not buy, sell or posess firearms or ammo. Period. He may have been issued an FFL by BATF but they may not know that his conviction was a prohibiting one. Example, if you were convicted of DUI or Drag Racing in PA prior to '76 you are prohibited and can not have weapons, ammo or an FFL. Unless something has changed.

His friend doesn't have an FFL. He has his Florida concealed carry permit(I think thats what its called). Meaning that he has passed the federal check and can own firearms. But for some reason the PICS check wont pass him.

[bug]

His friend doesn't have an FFL. He has his Florida concealed carry permit(I think thats what its called). Meaning that he has passed the federal check and can own firearms. But for some reason the PICS check wont pass him.

My bad on the document. I misread the post and thought he was referring to an FFL. However, if he can't answer "NO" to the question regarding conviction in any court with a sentence that "could" have been more than one year, he can't buy, sell or posess firearms or ammo.

What was the conviction for? What state was it commited in?

[tmg19103]

To the OP, your friend may have a conviction that could be construed on many levels. Tresspassing can be the the lowest form a misdeameanor that would not preclude you from purchase, while criminal tressapass is a felony. Harassment by Communication can be rated a M3 to M1 in PA. You can buy a firearm with an M3 conviction but an M1 will preclude you.

I have heard, though I have no evidence, that the PSP is denying applicants through PICS if they have a conviction that can even be construed as deniable - even if it says M3 Harassment by Communication BUT Harassement by Communication can also be a deniable M1 and even though you were convicted of the lesser M3 variety that allows you to purchase - PICS is denying you, while the federal NICS system is following the letter of the law and treating it as an M3 and not denying you.

There is also the consideration that the PSP has screwed up and does not understand the law regarding a particular conviction as not being deniable while the NICS people understand the law, but I would not put it past the PSP making people jump through hoops and prove they can purchase if they can find any possible reason, no matter how far fetched, to deny purchase.

[bug]

To the OP, your friend may have a conviction that could be construed on many levels. Tresspassing can be the the lowest form a misdeameanor that would not preclude you from purchase, while criminal tressapass is a felony. Harassment by Communication can be rated a M3 to M1 in PA. You can buy a firearm with an M3 conviction but an M1 will preclude you.

I have heard, though I have no evidence, that the PSP is denying applicants through PICS if they have a conviction that can even be construed as deniable - even if it says M3 Harassment by Communication BUT Harassement by Communication can also be a deniable M1 and even though you were convicted of the lesser M3 variety that allows you to purchase - PICS is denying you, while the federal NICS system is following the letter of the law and treating it as an M3 and not denying you.

There is also the consideration that the PSP has screwed up and does not understand the law regarding a particular conviction as not being deniable while the NICS people understand the law, but I would not put it past the PSP making people jump through hoops and prove they can purchase if they can find any possible reason, no matter how far fetched, to deny purchase.

All of that may be true although I wouldn't put too much faith in the "hearsay" about PSP. Believe me, they understand the law and realize their denials are subject to appeal. As I stated originally, the guy needs a gun lawyer. The concept that only felony canvictions are prohibiting is not true. The system is not perfect and state info is sometimes not uploaded to NICS but in general PICS=NICS and NICS+PICS.

[chesire17201]

will have to ask what it was he plead to/convicted of, don't really know.

I do remember he said his letter from pics/psp stated because it could have been more than 1 yr incarceration, but again, I don't know what it was that he did. Just said it was something from 10 years ago when he was young and stupid.

[bug]

will have to ask what it was he plead to/convicted of, don't really know.

I do remember he said his letter from pics/psp stated because it could have been more than 1 yr incarceration, but again, I don't know what it was that he did. Just said it was something from 10 years ago when he was young and stupid.

That is a federal prohibition as well and has been since 1968. I assume it was a PA conviction and may not have been uploaded to NICS as a prohibiting offence. PA included this into their gun laws in 1996 and put it into effect in Nov 1998 when Brady II (instant check) started. Honestly, the guy needs to talk to a lawyer if he owns guns. The pre 76 DUI and drag racing thing I mentioned in a previous post screwed over a lot of people in
98. Unless they made a change the only way around it was a Governor's Pardon and court ordered expungement.

Franklin County eh? I used to hunt turkey near Willow Hill back in the 70s. We stayed at Elliots place on Rt 75 and hunted on his farm above the turnpike. Beautiful country.

[tmg19103]

All of that may be true although I wouldn't put too much faith in the "hearsay" about PSP. Believe me, they understand the law and realize their denials are subject to appeal. As I stated originally, the guy needs a gun lawyer. The concept that only felony canvictions are prohibiting is not true. The system is not perfect and state info is sometimes not uploaded to NICS but in general PICS=NICS and NICS+PICS.

And I would not put too much faith in the PSP. They were the ones who wanted to enforce their own bogus non-resident CCW law until citizen pressure on Corbett made him tell the PSP to obey the law and follow the Uniform Firearms Act.

Also, I never said only felonies prohibit. I specifically stated an M1 prohibits, and that is a misdemeanor of the state variety that is punishable by more than two years in jail.

Furthermore, lawyers cost a LOT of money. There should be an appeal process with the PSP/PICS, and I'd try that avenue before spending big bucks on a lawyer, and the answer the PSP gives will save money with a lawyer digging that info up while he bills hours.

[chesire17201]

And I would not put too much faith in the PSP. They were the ones who wanted to enforce their own bogus non-resident CCW law until citizen pressure on Corbett made him tell the PSP to obey the law and follow the Uniform Firearms Act.

Also, I never said only felonies prohibit. I specifically stated an M1 prohibits, and that is a misdemeanor of the state variety that is punishable by more than two years in jail.

Furthermore, lawyers cost a LOT of money. There should be an appeal process with the PSP/PICS, and I'd try that avenue before spending big bucks on a lawyer, and the answer the PSP gives will save money with a lawyer digging that info up while he bills hours.

I think to much time has passed for appeal, was about a yr or 2 ago for the pics denial. Unless he tries again, and gets a new denial, maybe then he could challenge/appeal. Not sure how that works either.

Maybe I'll tell him to wait till june and see what the scotus says about the 2'nd amend.( maybe he could get a lawyer then, and have a few of those prohibiting NON VIOLENT MISDEMEANOR laws overturned.)

would be a shame if it turns out he really is prohibited, not sure what happened in the past, but is a good guy.