Asked to Come to State Police Barracks *Updated Post #93

[4191775]

The PSP Challenge Form asks for phone numbers, and people today have more permanent cell phone numbers than physical addresses. It's possible that he moved after the form went in, after he received a reply, but before the referral landed on a trooper's desk and he tried to contact the guy.

Maybe.

I've handled cases where they resolved them by simply warning the guy not to try again. It's legally sound. The 1st time, he could be surprised by the prohibitor. The 2nd time, not so much.

I have to agree with the last few posts, this whole thing doesn't pass the smell test, but I only have the information I was given to go on.

I'll let you know if any new revelations come to light,

4191775

[pa350z]

The purpose of the police asking him to come in, is to get him to provide evidence that he "knowingly" lied on the form, and on the Challenge Form. They get this in a friendly manner, by chatting and getting him to admit that he remembers the incident that he denied on the forms.

Once they have that admission, they have their prima facie case against him. It was an unsworn, written statement on the 4473 and on the Challenge, it was false, he knew it was false because he recalls the incident.

He might talk and still help himself, but not if he lies, not if he doesn't know their game. It's like playing poker in a group where you're the only person who doesn't know how it's played; you'll lose.

The time to invest a little money in this is now, when it's a little money for lawyers. Not later, AFTER he's given them the case to use against him, because they know exactly what they need and he doesn't. At that point it's a full legal defense, with preliminary hearing and arraignment and conferences and research and document prep and phone calls and more conferences and a trial, all of which constitute lucrative billable hours.

^^^^^ THIS! He needs to see an Attorney and have the Attorney arrange for any meetings with PSP. If the Attorney is not present, he needs to clam up and not answer any questions without being afforded an Attorney.

[Emptymag]

^^^^^ THIS! He needs to see an Attorney and have the Attorney arrange for any meetings with PSP. If the Attorney is not present, he needs to clam up and not answer any questions without being afforded an Attorney.

Too late.

**Update** It seems that the State Police weren't able to physically locate the guy I know at the address on the 4473 so that's why the called him in(He recently moved).

All in all it wasn't too terrible of an interaction, both parties were polite, the SP told him not to try to purchase a firearm again and to look into having the 302 expunged.

Again, thank you to everyone who chimed in, since there was a lot of good advice and wisdom.

I too fall into the camp of those who said to lawyer up, since you just don't know who you're up against and what their motives may be.

Fortunately, this situation turned out ok.

Best Regards,

4191775

[unclejumbo]

Intent is still an element in many crimes. As GL said, PSP does send people on their way with warnings regularly as Troopers have pretty broad discretion in most cases. And, for as many people that post here who have no idea if they're prohibited or not, you know arresting everyone would create a massive backlog in the system. Arrest those who attempt to obtain a firearm knowing (or should know) they're prohibited and give the rest fair warning. More importantly, that warning is now documented so if the OP's friend tries again in a few years, he gets arrested.

[abner13]

Is ''intent'' the same as ''conspiracy''?

[Bang]

Conspiracy, meaning two or more individuals agreeing to act in a manner, would have to include intent.