PICS Denial, Police Involved, No charges, No restoration. Gray area of law.

[Jedo]

Hello,

I was denied a PICS check one year ago and last week a police chief in the jurisdiction of that gun salesmen called me to tell me that they are not filing charges and that they believe I'm eligible to be sold a firearm; however PICS still has not confirmed my eligibility or ineligibility. I've talked to a few lawyers but none of them were generally interested in the case I presented; which is below.

Regarding the federal gun control act (18 U.S.C. § 922) (d)(1) says that any crime with a maximum term of imprisonment exceeding one year is ineligible to be sold a firearm. If you take a Class A federal misdemeanor (18 U.S.C § 3559) it has a maximum term of imprisonment of one year or less; technically it wouldn't fall under that statute.

Since I did not submit a challenge form and I'm not going to submit another transfer application and risk a violation does anyone have any suggestions on the procedures required to restore eligibility with the instant check system? If a lawyer is needed I do have the funds required; but which lawyer to hire is my question.

Thanks

Jedo

[SigForLife]

Although there are few federal offenses that are not prohibiting, I've handled several erroneous denials in that context. What has occurred in all of those circumstances was the clerk of the federal district court erroneously informed FBI that is was a prohibiting offense. Although I've been unable to confirm it at this time, I believe the clerk had a general policy of notifying the FBI in relation to all convictions, believing all federal convictions to be prohibiting. There are mechanisms in place to get such issues resolved

[Jedo]

Although there are few federal offenses that are not prohibiting, I've handled several erroneous denials in that context. What has occurred in all of those circumstances was the clerk of the federal district court erroneously informed FBI that is was a prohibiting offense. Although I've been unable to confirm it at this time, I believe the clerk had a general policy of notifying the FBI in relation to all convictions, believing all federal convictions to be prohibiting. There are mechanisms in place to get such issues resolved

What are these mechanisms you speak of? Everyone I try to hire seems to research and quickly give up.

[Royinmontco]

What are these mechanisms you speak of? Everyone I try to hire seems to research and quickly give up.

I think on mechanism is to pay sigforlife a few buckks to fix it for you.

[fallenleader]

I think on mechanism is to pay sigforlife a few buckks to fix it for you.

Considering sigforlife has taken on several high profile cases favorably... Yes.

[God's Country]

I think on mechanism is to pay sigforlife a few buckks to fix it for you.

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[Jedo]

Thanks, I'll put Joshua on my list before making a final decision.

Regardless I know I'm hiring someone this quarter; I've spoke to the FBI this morning and they definitely told me I'm not ineligible.

However "supposedly" getting through to PICS and the State Police without a challenge form requires litigation.

[GunLawyer001]

Clerks don't tell the FBI that a conviction is prohibiting, they report the statute that the conviction is based on. The PICS folks look at the statute and determine the max penalty under that statute for that offense.

[fallenleader]

So many lawyers around here, makes you feel bad picking one over the other

[SigForLife]

Clerks don't tell the FBI that a conviction is prohibiting, they report the statute that the conviction is based on. The PICS folks look at the statute and determine the max penalty under that statute for that offense.

Apparently you don't have experience dealing with Federal District Court Clerks and their direct reporting to FBI/NICS. There is even a form they use, although it is not an FBI form nor does it appear to have been promulgated by a federal agency as it lacks any form number or OMB approval