I'll be able to buy and own guns in about a week but....

[4thdimension]

I am still nervous about trying to buy one. I contacted a gun lawyer last summer who said I'll be clear once I turn 30. I had a juvenile adjudication that prohibited me from owning guns until the age of 30. It only prohibited me under state law and not federal law. I also have three adult convictions but they are ungraded misdemeanors. They only prevent me from getting a carry permit because they are drug charges. I have all the documentation to back it up. I guess at this point all I have left to do is try. I called pics and the dispatcher even admitted that many of the other operators don't know what they are doing. I might have to send them some documentation proving that I am in the clear. I have a feeling that I am going to have a hard time with this. The bottom line is that I can legally own guns as off my 30th birthday in a week.

[jim-analog]

Greetings,

Just wishing you good luck. Be VERY careful how you fill out the 4473 as well! Your attorney should be able to advise you on that.

Regards, Jim

[IIIIIREPOIIIII]

I also have three adult convictions but they are ungraded misdemeanors. They only prevent me from getting a carry permit because they are drug charges.

THIS MAY BE A BIG PROBLEM!



Federal law (18 U.S.C. § 922[g][1-9]) prohibits certain individuals from possessing firearms,
ammunition, or explosives. The penalty for violating this law is ten years imprisonment and/or a
$250,000 fine. Further, 18 U.S.C. 3565(b)(2) (probation) and 3583(g)(2) (supervised release)
makes it mandatory for the Court to revoke supervision for possession of a firearm.
Specifically, 18 U.S.C. § 922(g)(1-9) prohibits the following from possessing, shipping/
transporting, or receiving any firearm or ammunition:
(1) a person convicted of a crime punishable by imprisonment exceeding one year;
(2) a person who is a fugitive from justice;
(3) a person who is an unlawful user of or who is addicted to a controlled substance;
(4) a person who has been adjudicated as a mental defective or who has been admitted
to a mental institution;
(5) an alien who is unlawfully in the United States or who has been admitted to the
United States under a nonimmigrant visa;
(6) a person who has been discharged from the Armed Forces under dishonorable
conditions;
(7) a person who, having been a citizen of the United States, renounces his citizenship;
(8) a person subject to a court order that was issued after a hearing in which the person
participated, which order restrains the person from harassing, stalking, or threatening
an intimate partner or partner’s child, and which order includes a finding that the
person is a credible threat to such partner or partner’s child, or by its terms prohibits
the use, attempted use or threatened use of such force against such partner or
partner’s child;
(9) a person who has been convicted of a misdemeanor crime of domestic violence.
Possession of a firearm may be either actual or constructive. The latter has been defined as
follows: “Constructive possession exists when a person knowingly has the power and intention at
a given time of exercising dominion and control over the object or over the area in which the object
is locate....” (See U.S. v Booth, et.al. 111 F.3d 2 [1st Cir. September 1997]). If you know the
firearm is present in your residence, vehicle, etc., and if it can be shown that you have the ability to
access and exercise control over that firearm personally or through another individual, then you
could be considered to have constructive possession of the firearm. You would then be subject to
new criminal charges and/or revocation of supervision. For these reasons, all firearms are to be
removed from your residence during the term of supervision.
__________________________________________________ _

[Orlov556]

THIS MAY BE A BIG PROBLEM!



Federal law (18 U.S.C. § 922[g][1-9]) prohibits certain individuals from possessing firearms,
ammunition, or explosives. The penalty for violating this law is ten years imprisonment and/or a
$250,000 fine. Further, 18 U.S.C. 3565(b)(2) (probation) and 3583(g)(2) (supervised release)
makes it mandatory for the Court to revoke supervision for possession of a firearm.
Specifically, 18 U.S.C. § 922(g)(1-9) prohibits the following from possessing, shipping/
transporting, or receiving any firearm or ammunition:
(1) a person convicted of a crime punishable by imprisonment exceeding one year;
(2) a person who is a fugitive from justice;
(3) a person who is an unlawful user of or who is addicted to a controlled substance;
(4) a person who has been adjudicated as a mental defective or who has been admitted
to a mental institution;
(5) an alien who is unlawfully in the United States or who has been admitted to the
United States under a nonimmigrant visa;
(6) a person who has been discharged from the Armed Forces under dishonorable
conditions;
(7) a person who, having been a citizen of the United States, renounces his citizenship;
(8) a person subject to a court order that was issued after a hearing in which the person
participated, which order restrains the person from harassing, stalking, or threatening
an intimate partner or partner’s child, and which order includes a finding that the
person is a credible threat to such partner or partner’s child, or by its terms prohibits
the use, attempted use or threatened use of such force against such partner or
partner’s child;
(9) a person who has been convicted of a misdemeanor crime of domestic violence.
Possession of a firearm may be either actual or constructive. The latter has been defined as
follows: “Constructive possession exists when a person knowingly has the power and intention at
a given time of exercising dominion and control over the object or over the area in which the object
is locate....” (See U.S. v Booth, et.al. 111 F.3d 2 [1st Cir. September 1997]). If you know the
firearm is present in your residence, vehicle, etc., and if it can be shown that you have the ability to
access and exercise control over that firearm personally or through another individual, then you
could be considered to have constructive possession of the firearm. You would then be subject to
new criminal charges and/or revocation of supervision. For these reasons, all firearms are to be
removed from your residence during the term of supervision.
__________________________________________________ _

This. I have heard of PICS making denials for drug convictions, even summary ones. Not sure what the outcomes of those were, but I am sure you read GunLawyer001's sticky about being prosecuted based on PICS denial. I wish you the best but I would caution you that simply turning 30 might not be all that is needed for you to become eligible.

[4thdimension]

I am not a current user of illicit substances. If you read the ATF guidelines it is stated that a drug conviction within the past year could be used to deny someone but mine are 4 years old now. I can pass a wiz quiz and even a hair follicle test. I went over everything with a real attorney who specializes in firearm laws. I just cant get a LTCF.

[Orlov556]

I am not a current user of illicit substances. If you read the ATF guidelines it is stated that a drug conviction within the past year could be used to deny someone but mine are 4 years old now. I can pass a wiz quiz and even a hair follicle test. I went over everything with a real attorney who specializes in firearm laws. I just cant get a LTCF.

Those guidelines mean about as much to PICS as the 72 hour destruction mandate in the UFA. I am glad you consulted with an attorney but I am telling you dont be surprised when you are calling him back to help you with your denial appeal.

[4thdimension]

I am aware of the flaws with pics. The pics operators don't know the law word for word but their opinion is not the law. I am ready to go.

[Bang]

And in today's paper they ran an article covering how the government wants law clearing the records of non-violent offenders. I wonder if the legislators/judicial committee will have enough insight to cover your situation, and hapless victims of 302s carrying mistaken admission records. And if they do, what if any penalty provisions for those failing to execute the clearing.

[TaePo]

You need to check your misdemeanors, too. An M1 can make you prohibited in PA to own or possess. And it's not what your sentence actually was but what you could have received. IANAL

[4thdimension]

So as I have already stated I have already covered everything with a real attorney. My drug convictions are not prohibiting because none of them carried a maximum sentence of incarceration exceeding two years and none occurred in the past year. My juvenile adjudication only prohibited me from owning guns until the age of 30. All of this is clearly stated on the ATF and Pics form. It is important to read the fine print and not just the generalized questions as most people on here do. Any reasonably intelligent person can read the laws and pretty much figure them out on their own. I paid an attorney just to tell me what I had already figured out for myself. This is why I hate chat forums. Some of the guys on here clearly have no idea what they are talking about. Technically I'll be clear as of 4AM tomorrow but I am waiting until next Monday just to be safe.