Buying a gun? Don't commit this felony by accident

[NRA Member]

Buying a gun? Don't commit this felony by accident

Read the full story here:
http://www.ydr.com/story/news/watchd...leas/91728580/


Between 2010 and 2015, 15 out of 89 cases that were resolved in the York County Court of Common Pleas — or about 16.9 percent — resulted in a conviction of sale or transfer of firearms.


When members of the York County Sheriff’s Office came to David Williams’ door in Windsor Township with an arrest warrant, he thought they had the wrong person.

Then, the deputies read off his date of birth, and told him why they were there. At that point, Williams realized he had checked the wrong box about his criminal history on the ATF Form 4473 and SP 4-113 when he tried to buy a gun on Sept. 13, 2013, in Wrightsville.

“They wanted 18 to 36 months upstate. And I was like, ‘Whoa,’" said Williams, 38, a small business owner. “My heart dropped. I have a business. I have a house. I have a son.”

Eventually, Williams — who wants to warn people to read the questions carefully so they do not have to go through what he did — was offered a deal. He pleaded guilty to unsworn falsification to authorities, a misdemeanor, for two years’ probation. The felony charge, sale or transfer of firearms, was dropped.

[steve_010]

Eventually, Williams — who wants to warn people to read the questions carefully so they do not have to go through what he did — was offered a deal. He pleaded guilty to unsworn falsification to authorities, a misdemeanor, for two years’ probation. The felony charge, sale or transfer of firearms, was dropped.

After they took his guns away and now prevent him from owning any other guns. I'm sure the author just forgot to include that.

[Rosco the Iroc]

While dropping pearls of obvious wisdom also don't let Capt Hook give you a prostate exam.

The article and page is a shit show.

Don't trade your gun for drug/to a dealer who will also trade it and roll on you and you get a knock on the door.
Don't try to by a gun when your not sure of your legal stats. Consult a smart person like well GL.
Follow that smart persons instructions to clear up issues again before buying a gun.
Sounds like 60% of the 1st posts on here.

[God's Country]

So the lesson is prohibited individuals shouldn't check the wrong box?

[SigForLife]

Unfortunately, this is nothing new and since Sandy Hook the prosecution rate of those who are correctly denied in relation to an attempted purchase/transfer has skyrocketed. We've been warning people for several years now about this, but unfortunately, few people believe they are prohibited due to misdemeanors or acts that they committed as a juvenile. We also see a number of juvenile involuntary commitments, where the now adult has no or limited memory of the hospitalization and never knew it was done involuntarily. We've actually seen several cases where parents wanted to get away for vacation without the child and had the child committed so that he/she would have a babysitter...

There are legal arguments that can be made to combat these prosecutions. Although ignorance of the law is not a defense, mistake of fact, is. Also, there are Second Amendment as-applied challenges that can be argued and if done early on, it can cause the prosecutor to dismiss the charges or argued later on before the court. The law really needs to be changed. I've been a proponent for a long time of requiring the state to inform the individual of his/her firearm disability. If the Commonwealth cannot establish that the individual was provided such notice, it would be precluded from prosecuting the individual. To me, this would be a bi-partisan law, as it gives notice to prohibited people that they can't possess firearms and takes away the argument that the person didn't know, assuming the notice was received.

[john9001]

Interesting, felony by accident. Can't you just "accept full responsibility" like our government elite and get off?

[GunLawyer001]

From over 2 years ago, when I first warned everyone here about this issue; it's cheaper to call me and do your Due Diligence ahead of time, than to fight criminal charges:

http://forum.pafoa.org/showthread.php?t=263156

[a Spiritu Sancto]

Denied LTC. Letter stated "...not lawfully permitted to carry a concealed weapon in PA." Does this mean that I can not lawfully purchase or posses a firearm at all in PA? I've also verified my records and nothing is out of place. My gut is telling me there is an error somewhere, yet the law doesn't allow me to see my record to correct errors? Also, from all I've read on here, I shouldn't go to a shop to purchase and then have a huge legal headache. Not super sure of hiring an attorney for a couple thou only to find out a clerk somewhere didn't mark a fine paid or something silly. Also, an honorable discharge from mil and govt employee with clearance.

[GunLawyer001]

Denied LTC. Letter stated "...not lawfully permitted to carry a concealed weapon in PA." Does this mean that I can not lawfully purchase or posses a firearm at all in PA? I've also verified my records and nothing is out of place. My gut is telling me there is an error somewhere, yet the law doesn't allow me to see my record to correct errors? Also, from all I've read on here, I shouldn't go to a shop to purchase and then have a huge legal headache. Not super sure of hiring an attorney for a couple thou only to find out a clerk somewhere didn't mark a fine paid or something silly. Also, an honorable discharge from mil and govt employee with clearance.

Sure, go with your gut. Save the money. No need to know for sure what the issue is. Life is more exciting with some risk, that's why folks sky dive and bungee jump and date strippers.

BTW, a good criminal defense will require a sizeable retainer up front. We take credit cards here.

[Gun]

Denied LTC. Letter stated "...not lawfully permitted to carry a concealed weapon in PA." Does this mean that I can not lawfully purchase or posses a firearm at all in PA? I've also verified my records and nothing is out of place. My gut is telling me there is an error somewhere, yet the law doesn't allow me to see my record to correct errors? Also, from all I've read on here, I shouldn't go to a shop to purchase and then have a huge legal headache. Not super sure of hiring an attorney for a couple thou only to find out a clerk somewhere didn't mark a fine paid or something silly. Also, an honorable discharge from mil and govt employee with clearance.

http://www.defensivecarry.com/forum/...y-pa-ltcf.html

One story I found concerning an LTCF denial.

Did you file an appeal?