Pennsylvania Firearm Owners Association
Page 2 of 2 FirstFirst 12
Results 11 to 15 of 15
  1. #11
    Join Date
    May 2010
    Location
    Scenery Hill, Pennsylvania
    (Washington County)
    Posts
    3,262
    Rep Power
    21474853

    Default Re: Desperately seeking lawyer to help with PICS challenge

    For future reference the FOAC has a list of pro gun lawyers on their website which may or may not be helpful in addition to the resources already provided.

  2. #12
    Join Date
    Sep 2012
    Location
    Boothwyn, Pennsylvania
    (Delaware County)
    Posts
    44
    Rep Power
    0

    Default Re: Desperately seeking lawyer to help with PICS challenge

    Quote Originally Posted by skeelo View Post
    I recently tried purchasing a pistol online and got put in research after background check at FFL. I was then put into "undetermined" status after 2 week research period and I required to submit PICS challenge to the state police in Harrisburg. Really kind of agonizing because my gun is stuck in limbo now. I've spent the past two days trying to find a lawyer to help me with the challenge, just to make sure I'm doing it correctly and not violating any laws. Every one seems to be giving me a different story or just plain not getting back to me. I just need a lawyer very well versed in PICS system and PA firearm laws, because the ones I have been in touch with so far definitely are not. I'm in Allegheny Co. but would be open to any PA lawyer. Please feel free to pm if you can help me out, this has really been a nightmare the past month.
    Did I miss something? You just fill it out and mail it to the state police. At this point you haven’t been denied,why do you need a lawyer?Have
    You been arrested before?

  3. #13
    Join Date
    Feb 2010
    Location
    Levittown, Pennsylvania
    (Bucks County)
    Posts
    9,636
    Rep Power
    21474860

    Default Re: Desperately seeking lawyer to help with PICS challenge

    Just brought up the PSP challenge form and read it. In the list of prohibiting offenses, there is "Theft by unlawful taking or disposition, upon conviction of the second felony offense".

    To me, that seems to say the applicant is allowed one felony theft conviction but not two. I doubt that's what it means, but I can see why a challenger has reason to be nervous about submitting it.

    There is also provision for knowingly falsifying information. Knowingly can enter the "should have known" theorized by the reviewer.
    There are two kinds of guns. Those I have acquired, and those I hope to.

  4. #14
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
    13,618
    Rep Power
    21474867

    Default Re: Desperately seeking lawyer to help with PICS challenge

    Quote Originally Posted by KML View Post
    Did I miss something? You just fill it out and mail it to the state police. At this point you haven*t been denied,why do you need a lawyer?Have
    You been arrested before?
    Every time you fill out the forms, you are putting in writing your claims to the truth. Often, people are wrong about the details. And often, the people being criminally prosecuted for false written statements to state officials, are those who sent in the Challenge Form.

    It's counter-intuitive. The people who did the "try and see if the state knows" thing, are the least likely to send in the Challenge. The people who genuinely are confused, or who genuinely believed that the small criminal case 15 years ago must have been less than a year, because they served no time at all, THOSE folks send in the Challenge form. And then they get prosecuted.

    So, somewhere between $5,000 and $30,000 later, after they finish their legal defense, they probably won't go to jail if convicted. But they may not be gun owners ever again.

    So, getting some certainty BEFORE you commit yourself is worth some time and money. A good lawyer who handles firearm issues can go over the forms and the laws and your history, better than most non-lawyers can.

    And no, you don't have to have ever been arrested to be a prohibited person.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  5. #15
    Join Date
    Jul 2007
    Location
    ..............., Pennsylvania
    (Chester County)
    Posts
    5,441
    Rep Power
    18796216

    Default Re: Desperately seeking lawyer to help with PICS challenge

    Quote Originally Posted by Bang View Post
    Just brought up the PSP challenge form and read it. In the list of prohibiting offenses, there is "Theft by unlawful taking or disposition, upon conviction of the second felony offense".

    To me, that seems to say the applicant is allowed one felony theft conviction but not two. I doubt that's what it means, but I can see why a challenger has reason to be nervous about submitting it.

    There is also provision for knowingly falsifying information. Knowingly can enter the "should have known" theorized by the reviewer.
    It would seem that the first 18 PA CSA §3921 felony conviction is not a firearm disqualifier under 18 PA CSA §6105(b) for PA purposes. Nonetheless, as a felony, it would still be prohibitive for Federal purposes (18 USC 922(g)(1)).
    IANAL

Page 2 of 2 FirstFirst 12

Similar Threads

  1. PICS Challenge
    By publius71 in forum Pennsylvania
    Replies: 5
    Last Post: October 1st, 2013, 10:24 PM
  2. Need lawyer for PICS challenge
    By Acehilm in forum Chester
    Replies: 2
    Last Post: April 15th, 2012, 10:47 PM
  3. Seeking donations - Lawyer fees to engage York City Police Dept
    By Computer Steve in forum Concealed & Open Carry
    Replies: 22
    Last Post: June 14th, 2011, 11:54 PM
  4. Desperately Seeking .380 ACP
    By seoulstice in forum General
    Replies: 0
    Last Post: May 12th, 2009, 09:17 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •