PICS Denial to get Confiscated Guns back with Past Purchases

[Pgiran]

Crazy situation here. My brother is going through a divorce and recently moved in with my family. To make a long story short, he got into an argument with his wife, who then filed a PFA against him. Sheriffs came to the house and took all of our guns. The PFA was dropped and when we went to the courthouse we were both denied because the PFA was still showing up in the system. A week later, it was cleared from the system and he was able to pick up his guns. My background check came up denied still. I have purchased numerous guns over the past 14 years, without a problem. I sent in the challenge forms yesterday. My wife ran the PATCH check and it came back with no record. The only thing that I ever got in trouble for happened when I was 17. I was caught taking money from a gas station that I worked at. I was never cuffed or taken in a police car. My mom remembers going to the police station with me, but neither of us remember any formal charges being made. We did write a check to the owner of the gas station for all money that I took and that was the end of that. I may be reaching here, but it is driving me crazy trying to think of anything that could cause me to be denied now, even after being approved for other guns. I have had FBI background checks for my work and everything has always come back ok.

Can a juvenile record just "pop" up 20 years after the fact? In the challenge form, it says a response will be sent within 5 business days. Is that just a letter saying they received the challenge and then they have up to 60 days to give a final decision?

[Daycrawler]

Ever have a 302? !hey seem to be popping up a lot on people! Something about Free Insurance and Obummer care....

[Pgiran]

No 302 ever.

[ray h]

Sorry, I can't help with the challenge but why couldn't you just put them in a safe deposit box or a safe at home?
It wasn't illegal for you to own them, they just needed to be away from your brother.

[GunLawyer001]

Sorry, I can't help with the challenge but why couldn't you just put them in a safe deposit box or a safe at home?
It wasn't illegal for you to own them, they just needed to be away from your brother.

Because....

. . . . Sheriffs came to the house and took all of our guns. . . . .

The little folks are in a poor position to dispute what LEO's do. If deputies are intent on stripping the entire residence of guns and ammo and axes and knives and the plasma TV, then those are going out the door with them.

Most people are not well-versed in the UFA and the domestic relations laws. When the deputies lie and tell them "the law requires us to take every gun from the house", and the deputies are the ones most likely to win any gunfight, then the deputies are going to strip the house of guns.

I can't blame anyone victimized in this situation, cops are trained to bluff, and the laws are mostly on their side. Get into a shoving match with cops or deputies, and you lose. Resist them when they're taking stuff illegally, and you lose.

I'd wait for the results of the challenge form, and then jump on it. There may be documents to be gathered, in PA or elsewhere. Could be a military record, evidence of drug use, a PFA issued to someone with the same name, an outstanding traffic ticket in another state...lots of possibilities. The most cost-effective way to proceed now, after the challenge has been filed anyway, is to let the PSP narrow it down, and then quickly respond with whatever info they lack.

If you hadn't already filed the challenge, I'd point out that there's a risk to using the challenge process to gather info. The PSP thinks that your answer to one of the questions is a lie, and the challenge form requires you to answer it again. That doubles your risk in any FFL context, and when the Sheriff initiated the PICS check, you might be creating the risk from nothing (it's illegal to lie to an FFL, and illegal to fill out the 4473 with false info. Not sure what was illegal about having the Sheriff call PICS before giving your guns back, unless he had you fill out a written form.)

[HiredGoon]

Ever have a 302? !hey seem to be popping up a lot on people! Something about Free Insurance and Obummer care....

Oh, that's just crazy talk

[AirportFF]

Do you have a common name that may have shown up as someone else?

They may be looking at the wrong person.

[Pgiran]

My name isn't real common, but when I looked up the court dockets there were people with similar names that showed up. I just didn't understand why I would be allowed to purchase guns and then all of a sudden have my check denied.

[Brian Ahearn]

You would have to fill out the challenge form and send it in and wait for a replay from the state. That's the only way you are going to find out.