Results 21 to 30 of 37
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December 20th, 2020, 06:30 PM #21
Re: PICS background check denial confusion with M2
I do a "due diligence" process in about an hour, over the phone, and I provide a written legal opinion which should shelter most folks from a charge of willful falsehoods if I ever turned out to be wrong.
I don't mention that often, because it looks like self-dealing when I warn about all the folks criminally prosecuted for false statements for sending in the Challenge Form, since I'd be telling them "don't send in the form, pay me money first". But the truth is, I'd make a LOT more money defending someone from multiple false statements charges, than I make for an hour of due diligence. So roll the dice and take your chances, pay up front or pay later at sentencing time. It's a fact that the Challenge Form is a risky gambit.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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December 20th, 2020, 09:33 PM #22
Re: PICS background check denial confusion with M2
I don't think I would consider it self dealing, because I believe people really don't know where to turn if they are denied and they rely on the FFL to guide them. I think that, in many cases, the FFL doesn't know any better than to direct the customer to do the challenge form, thinking that (unfortunately), the PSP will treat them fairly. I guess it falls into the same "don't talk to the police if you don't have to". Pay the money and have a good "Gunlawyer", ask the questions for you. Thanks for the insight, now I have something solid I can explain if a customer falls into that crevice.
Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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December 20th, 2020, 10:05 PM #23Junior Member
- Join Date
- Jul 2009
- Location
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McMurray,
Pennsylvania
(Washington County) - Posts
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Re: PICS background check denial confusion with M2
Panther 12,
I believe you answered your own question. You plead guilty to a crime that had a maximum sentence of 2 years. Yet, you answered *no* to the question asking you if you were ever charged with a crime having a sentence of mote than 1 year. That*s the reason for your denial.
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December 20th, 2020, 11:22 PM #24
Re: PICS background check denial confusion with M2
Actually, the form (and the statutes) modify that question; it's in the instructions at the end of the 4473, in the fine print. If the crime is classed as a "misdemeanor" by the state, then it doesn't count under that clause unless the max sentence is more than TWO years. It's very confusing to most folks.
Misdemeanors 2 years or less can still be prohibiting under some circumstances, but they have to allow for 2 years and a day or more under that clause (922(g)(1) I believe). Under other clauses, they can be prohibiting if they involved domestic violence or drugs, for examples.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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December 21st, 2020, 05:18 AM #25
Re: PICS background check denial confusion with M2
Ad to that, most (many) don*t have misdemeanor*s that last longer the. A year, let alone two. So someone from outside of the Commonwealth, or just who has a general impression of the law, maybe unaware that a crime with a 6 months sentence in NY is prohibitive here, if the crime occurred here.
"Cives Arma Ferant"
"I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001
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December 21st, 2020, 06:24 AM #26
Re: PICS background check denial confusion with M2
OP needs to at least have the question and answer with GL in order to keep himself on this side of the jailhouse door and not let the state bankrupt him over some confusing words on a form.
Corruption is the default behavior of government officials. JPC
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December 21st, 2020, 02:15 PM #27
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December 21st, 2020, 02:17 PM #28
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December 21st, 2020, 02:23 PM #29
Re: PICS background check denial confusion with M2
To be fair, the sheriff has to tell you why you're being denied an LTCF, but PICS doesn't. And few folks are criminally prosecuted for failing a PICS check through the sheriff's office.
The 4473 gets you prosecuted, there's no 4473 for an LTCF. And a Challenge Form gets you prosecuted, you don't need one of those if the sheriff is denying you himself, only when he runs PICS and you are denied, at which point the sheriff is unable to override PICS and issue the LTCF.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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December 21st, 2020, 02:29 PM #30
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