Pennsylvania Firearm Owners Association
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  1. #1
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    Default PICS background check denial confusion with M2

    I am hearing conflicting information and curious if anyone else has been in the same position.

    My background:

    20 years ago I pleaded guilty to 3 counts of a 2nd degree misdemeanor (Recklessly endangering another person) which I received probation for, but does have a max sentence up to two years in prison.

    I recently completed a background check when purchasing a firearm, the PICS was extremely slow and was not completed that day (a Saturday). I was told but by the seller since they were closed on Sundays they would call me Monday morning. I received a call in the morning saying I was approved and could come up and complete the sale. I was also told they would need to re-run/renew but it should be completed by the time I arrived. They re-ran/renewed it and was told it went into "Research". 2 days later I was informed that I was Denied. I was encouraged to complete a challenge. I am trying to determine my next course of action.

    During the background check I need to respond to the following question, which i was instructed to to answer "No"

    ARE YOU NOW CHARGED WITH, OR HAVE YOU EVER BEEN CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR A
    TERM EXCEEDING ONE YEAR? THIS IS THE MAXIMUM SENTENCE YOU COULD HAVE RECEIVED, NOT THE ACTUAL
    SENTENCE YOU DID RECEIVE. (IT DOES NOT INCLUDE FEDERAL OR STATE OFFENSES PERTAINING TO ANTITRUST, UNFAIR
    TRADE PRACTICES, RESTRAINTS OF TRADE, OR REGULATION OF BUSINESS; OR STATE OFFENSES CLASSIFIED AS
    MISDEMEANORS AND PUNISHABLE BY A TERM OF IMPRISONMENT NOT EXCEEDING TWO YEARS.
    )

    with supporting US Code:

    18 U.S. Code 921 - Definitions
    (20)The term "crime punishable by imprisonment for a term exceeding one year" does not include
    (A)any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
    (B)any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.


    1) Is there a specific length of time a PICS check will last? Does it need to be renewed?
    2) Has anyone had an Approved then a following Denied decision?
    3) Would my M2 prohibit me from owning a firearm?
    4) Since I plead guilty to 3 counts do the maximum penalties compound? 3 counts with 2 yr max = 6yrs?
    5) Should I file a challenge?
    6) Does anyone have any recommendations on someone in the Pittsburgh area to consult with?

    I am just a little confused and want to be compliant with the law.

    Any help would be very appreciated!

  2. #2
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    Default Re: PICS background check denial confusion with M2

    I understand that things like this can get sensitive but I have one question...was the reckless endagerment violent? Non-violent M2 is not a disqualifier but violent is.
    Thank you for keeping me safe.

  3. #3
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    Default Re: PICS background check denial confusion with M2

    Thanks for the reply Walleye Hunter, I am not sure how to determine if it is categorized as Violent or Non-Violent

    All i have to go by is the code

    18 2705. Recklessly endangering another person.

    https://www.legis.state.pa.us/WU01/L...7.005.000..HTM

  4. #4
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    Default Re: PICS background check denial confusion with M2

    Quote Originally Posted by panther12 View Post
    Thanks for the reply Walleye Hunter, I am not sure how to determine if it is categorized as Violent or Non-Violent

    All i have to go by is the code

    18 2705. Recklessly endangering another person.

    https://www.legis.state.pa.us/WU01/L...7.005.000..HTM
    Well...ya know what ya did. You could yak with lawyer on it. I have a friend who went through it and his was non-violent. It turns out he was denied mistakenly. He filed for his record with Harrisburg, which is what any lawyer should do first off. It took him something like 6 months to get the report.
    Thank you for keeping me safe.

  5. #5
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    Default Re: PICS background check denial confusion with M2

    If that charge was affiliated with a "domestic violence " incident, it will disqualify the person.

  6. #6
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    Default Re: PICS background check denial confusion with M2

    Sorry it resulted from a DUI accident where myself and friends were injured in the accident where i was the driver
    Last edited by panther12; December 18th, 2020 at 06:40 PM.

  7. #7
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    Default Re: PICS background check denial confusion with M2

    Quote Originally Posted by panther12 View Post
    Sorry it resulted from a DUI accident where myself and friends were injured in the accident
    Sounds like the non-violent variety to me. I'd fire off an appeal myself on that. But be sure there isn't another ghost in that closet that you 'forgot' about. They could prosecute you for falsifying the document.
    Thank you for keeping me safe.

  8. #8
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    Default Re: PICS background check denial confusion with M2

    Do the challenge, answer ALL the questions on the form, get it sent in pronto, you only have 30 days from the date of the denial to submit the form. If denied again, the denial will tell you exactly why you were denied. From that you will be able to see if additional assistance (ie-lawyer help) will be needed or possibly the PSP just needs more info from you.

    IANAL, just a FFL who has been in business in PA for 23 years.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  9. #9
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    Default Re: PICS background check denial confusion with M2

    Thanks, since you are a FFL, does it make sense why i had to have my check needed to be re-run on Monday?

  10. #10
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    Default Re: PICS background check denial confusion with M2

    Quote Originally Posted by Walleye Hunter View Post
    I understand that things like this can get sensitive but I have one question...was the reckless endagerment violent? Non-violent M2 is not a disqualifier but violent is.
    I disagree with your assessment. The law in regards to firearms disqualification makes no differentiation between "violent" and "non-violent" crimes. Federal law, via the "Lautenberg Amendment" imposes a "domestic violence" standard, where the relationship between victim and aggressor is more important than the actual level of "violence".

    Controlling language from 18 U.S.C. 922(g)(9):
    "has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim."
    Get your "Guns Save Lives" stickers today! PM for more info.

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