article on denied gun purchases

[steelerfan]

http://www.buckscountycouriertimes.c...9bb84f611.html

By Jo Ciavaglia Staff writer


After a criminal background check showed that a 34-year-old Montgomery County man was ineligible to purchase a firearm in Pennsylvania, he challenged the results, police said.

But a second check provided the same information, same denial of the purchase.

It turned out that Ryan McLean, of Pennsburg, has a 2008 DUI conviction, a first-degree misdemeanor, that prevents him from legally buying a gun.

While most people know that a felony conviction and involuntary mental health commitment makes an individual ineligible to own a handgun, many are unaware of a long list of other offenses — including misdemeanors — that also bar a person from possessing a gun.

McLean, who police said was trying to buy a Springfield XDS45 pistol on June 7 at a Bustleton Pike gun store, didn’t know that.

And he’s now facing a felony charge for lying on required federal and state firearm application forms, claiming that he was eligible to make the purchase.

Under federal law, an individual is barred from possessing a gun if convicted of a crime that carries a potential prison sentence of a year or longer, even if the person is ultimately sentenced to lesser time or probation.

McLean had been sentenced to 90 days to 15 months in jail for the DUI conviction and granted house arrest, according to police and court records.

The same thing happened to a 34-year-old Elkins Park man who attempted to buy a .40 caliber pistol in July at an Upper Southampton gun range, according to police.

Rocco Peronace was also rejected after a criminal background check found him ineligible.

Upper Southampton Detective James Schirmer reviewed the gun application forms filled out by Peronace, and saw that he answered “no” to questions asking if he had ever been convicted of a felony or any other crime that carries a potential prison sentence of a year or longer.

But Peronace had been convicted of driving under the influence in March 2011, a misdemeanor charge that carries a potential five-year prison sentence.

So now, he like, McLean, is facing a felony charge of material false written statement for purchase, delivery or transfer of a firearm and a misdemeanor charge of unsworn falsification to authorities. He was arraigned Monday and released on $5,000 unsecured bail.

McLean was arraigned Sept. 22 and is free on $20,000 unsecured bail.

Schirmer estimated that Upper Southampton police handle eight to 10 illegal firearm transaction cases a year, and many individuals, such as Peronace, claim a lack of intent and claim they misunderstood what they were convicted of and that it prevents them from possessing a firearm.

Lower Southampton Detective Shane Hearn, who investigated McLean, said in the last month he has had at least eight other similar cases. In half of those investigations, which are ongoing, the suspects had a misdemeanor conviction, he said.

Crimes that carry a potential one-year prison sentence include third-degree misdemeanors such as disorderly conduct, theft or simple assault.

“A lot of these people don’t know,” Hearn said. “If they received a shorter sentence they think they can own a gun.”

You cannot legally possess a firearm in Pennsylvania if...◾You have been convicted in any court of a crime punishable by imprisonment for a term exceeding one year
◾You are under indictment for a crime punishable by imprisonment for a term exceeding one year
◾You are a fugitive
◾You are an “unlawful user of” or addicted to controlled substance
◾You have been found mentally defective or committed to a mental institution
◾You are an illegal alien or admitted to the U.S. under a nonimmigrant status
◾You have been dishonorably discharged from the U.S. Armed Forces
◾You have renounced your U.S. citizenship
◾You have a court order that restrained you from harassing, stalking or threatening an intimate partner or child of such intimate partner
◾You have been convicted in any court of a misdemeanor crime of domestic violence

Source: FBI

[nfafan]

Always go after the low-hanging fruit.

Stop n Frisk is not PC.

When Somali terrs shoot up the Mall of America, laws will attempted to be passed calling for fat, bald white guys from coast to coast to turn in their ARs and WASRs.

And they will 'cause that's what law-abiding citizens do by definition.

[ReconLdr]

http://www.buckscountycouriertimes.c...9bb84f611.html

By Jo Ciavaglia Staff writer


After a criminal background check showed that a 34-year-old Montgomery County man was ineligible to purchase a firearm in Pennsylvania, he challenged the results, police said.

But a second check provided the same information, same denial of the purchase.

It turned out that Ryan McLean, of Pennsburg, has a 2008 DUI conviction, a first-degree misdemeanor, that prevents him from legally buying a gun.

While most people know that a felony conviction and involuntary mental health commitment makes an individual ineligible to own a handgun, many are unaware of a long list of other offenses — including misdemeanors — that also bar a person from possessing a gun.

McLean, who police said was trying to buy a Springfield XDS45 pistol on June 7 at a Bustleton Pike gun store, didn’t know that.

And he’s now facing a felony charge for lying on required federal and state firearm application forms, claiming that he was eligible to make the purchase.

Under federal law, an individual is barred from possessing a gun if convicted of a crime that carries a potential prison sentence of a year or longer, even if the person is ultimately sentenced to lesser time or probation.

McLean had been sentenced to 90 days to 15 months in jail for the DUI conviction and granted house arrest, according to police and court records.

The same thing happened to a 34-year-old Elkins Park man who attempted to buy a .40 caliber pistol in July at an Upper Southampton gun range, according to police.

Rocco Peronace was also rejected after a criminal background check found him ineligible.

Upper Southampton Detective James Schirmer reviewed the gun application forms filled out by Peronace, and saw that he answered “no” to questions asking if he had ever been convicted of a felony or any other crime that carries a potential prison sentence of a year or longer.

But Peronace had been convicted of driving under the influence in March 2011, a misdemeanor charge that carries a potential five-year prison sentence.

So now, he like, McLean, is facing a felony charge of material false written statement for purchase, delivery or transfer of a firearm and a misdemeanor charge of unsworn falsification to authorities. He was arraigned Monday and released on $5,000 unsecured bail.

McLean was arraigned Sept. 22 and is free on $20,000 unsecured bail.

Schirmer estimated that Upper Southampton police handle eight to 10 illegal firearm transaction cases a year, and many individuals, such as Peronace, claim a lack of intent and claim they misunderstood what they were convicted of and that it prevents them from possessing a firearm.

Lower Southampton Detective Shane Hearn, who investigated McLean, said in the last month he has had at least eight other similar cases. In half of those investigations, which are ongoing, the suspects had a misdemeanor conviction, he said.

Crimes that carry a potential one-year prison sentence include third-degree misdemeanors such as disorderly conduct, theft or simple assault.

“A lot of these people don’t know,” Hearn said. “If they received a shorter sentence they think they can own a gun.”

You cannot legally possess a firearm in Pennsylvania if...◾You have been convicted in any court of a crime punishable by imprisonment for a term exceeding one year
◾You are under indictment for a crime punishable by imprisonment for a term exceeding one year
◾You are a fugitive
◾You are an “unlawful user of” or addicted to controlled substance
◾You have been found mentally defective or committed to a mental institution
◾You are an illegal alien or admitted to the U.S. under a nonimmigrant status
◾You have been dishonorably discharged from the U.S. Armed Forces
◾You have renounced your U.S. citizenship
◾You have a court order that restrained you from harassing, stalking or threatening an intimate partner or child of such intimate partner
◾You have been convicted in any court of a misdemeanor crime of domestic violence

Source: FBI

Did the maximum penalty for DUI change recently??? I know quite a few people with DUIs who not only buy guns whenever they want but also have their LTCF...

[The Unknown 1087]

Did the maximum penalty for DUI change recently??? I know quite a few people with DUIs who not only buy guns whenever they want but also have their LTCF...

Are the convictions or are they ARD?

A DUI still shows up on driving records. But ARD isn't a conviction. I was charged with simple assault and got non-DUI ARD and it's no conviction and expunged shortly.

I will be able to buy I believe since it's no conviction.

[ALS]

I think you can get a pass on the first DUI with ARD any more you're screwed when it comes to purchasing a gun.

I have an employee that just got her second in seven years. 30 days house arrest but allowed to go to work and she is losing her license for one year.

She said that because it is her second DUI she can never get it expunged from her record.

[streaker69]

Unfortunately, this is exactly what we as gun owners have been asking for. We've been saying "enforce the laws already on the books", and the government via Kane has decided to do that to the nth degree.

[MikeB0]

They must have had more than a single or normal DUI to potentially get sentenced to that period of time.

http://www.dmv.state.pa.us/legislation/dui.shtml

[littlebluevette]

They must have had more than a single or normal DUI to potentially get sentenced to that period of time.

http://www.dmv.state.pa.us/legislation/dui.shtml

Based off of that the guy had more than a single dui then reported in the article.

[jerkin]

Unfortunately, this is exactly what we as gun owners have been asking for. We've been saying "enforce the laws already on the books", and the government via Kane has decided to do that to the nth degree.

It isn't what I've been asking for. My stance has always been if you are a mentally stable free man then you should have all of your rights restored. If you can not be trusted with owning a firearm then you should still be in prison.

[soap]

They must have had more than a single or normal DUI to potentially get sentenced to that period of time.

http://www.dmv.state.pa.us/legislation/dui.shtml

He may have refused to submit to the blood test, lots of drunks refuse. When you refuse you get charged as though you tested positive to the highest possible alcohol level.