disqualification for firearms from the state of Pennsylvania

[AFcomm49]

I am a PA resident, active duty Air Force stationed in VA. I have a LTCF from Centre Co that expires this July. So I recently applied for a VA concealed handgun permit and was just denied with the reason, “criminal record shows a disqualification for firearms from the state of Pennsylvania, the orig of which is unknown.” I contacted the Centre Co sheriff and he confirmed my PA permit is still valid and has no reasons to revoke it. I purchased 2 separate background checks and both returned “clear”. I went through an VA FFL dealer to purchase a handgun in March '13, and I also purchased a handgun in PA Oct '12, both clearing NCIS checks.

Does anyone here have any ideas as to why I pass NCIS checks, have a valid PA LTCF permit, but PA shows me disqualified for firearms? Any ideas where to start to try and correct this?

Thanks

[Grey Bearded One]

Does Virginia have an appeals process? Perhaps they have you confused with someone else.

[10PointHunter]

If everything you say is true, then it is a case of mistaken identity, you need to give them your SSN, that way they can determine who you are. Someone else with your name had an "ooopsie."

[Arrdy]

If everything you say is true, then it is a case of mistaken identity, you need to give them your SSN, that way they can determine who you are. Someone else with your name had an "ooopsie."

SSN's aren't supposed to be used for ID purposes and can be 'spoofed'.

Finger prints by a LEO. That's what PA requires ... Been There.

[Grey Bearded One]

SSN's aren't supposed to be used for ID purposes and can be 'spoofed'.

They aren't supposed to be but they are.

[knight0334]

The Social Security number is rarely given by the FFL or sheriff to PICS. If it goes to operator, the operator may ask for the last 4 digits, but they usually ask about the buyer's or applicant's attributes like eye/hair color, city of birth, height, etc.

[mojollnir]

Try searching your name as participant, under dockets, here; http://ujsportal.pacourts.us/

check under each separate case status, use no location. Check all courts. You will probably find someone with the same name.

[AFcomm49]

I went to my VA county Chief Clerk of Circuit Court to inquire about my application. He pulled my file and showed me the background check the local sheriff ran and it showed my 1997 case. It showed the statute “Harassment/ Commun/Address Lewd Lang” grade Misdemeanor 3, case status: closed. Under this there was a statement in bold, “Disqualification for Firearms”. This is what the VA sheriff highlighted as reason for denial. He said had that statement not been there, that charge wouldn't prevent me from getting a VA .

I then went online to PA's unified judicial system to pull up my case. The grade for the charge is listed as M3 and the statute cited is 18 § 5504 §§A1. From what I can see, a Misdemeanor 3 carries up to 1 year jail. Also it seems that 5504 has been repealed with 2709. And section (4) of 2709 covers the lewd language and is still graded a misdemeanor of the third degree. But from what I read, according to Pennsylvania law, this is not a reason to prevent someone from possession of firearms or the carrying of them. So I am assuming something has been updated electronically and an error has been made somewhere. Am I off with this assumption?

[tl_3237]

Is it possible with the addition of 2709.1 (stalking), which is a Pa prohibitor, by Act 2002-218 that the charge morphed from the repealed 5504 to 2709.1 under Section 10(3) of that act:

4 (3) Any reference in any act or part of an act to 18
5 Pa.C.S. § 5504(a.1) shall be deemed a reference to 18 Pa.C.S.
6 § 2709.1 as if fully set forth in that act or part of that
7 act.

I dunno, IANAL.

Does the description of stalking in 2709.1 coincide with your case's details?

[AFcomm49]

I read 2709.1 and I don't feel this is accurate as I wasn't charged/convicted of “Stalking by communication or address”, it was an M3 “Harassment Communications/Address Lewd Lang”. The statutory offense of "Harassment by communication or address" applies to a person who, "with intent to harass another... addresses to or about such other person any lewd, lascivious or indecent words or language or anonymously telephones another person repeatedly ...." 18 Pa.C.S.A. Sec. 5504(a)(1).

Looks like my only recourse is under § 6105. I can appeal the court to grant relief of the “not to posses or control a firearm” since the right to appeal that charge has expired. Better shot than doing nothing.