Need some legal help, first time user

[Boom Master]

OK so here is the deal I have some things on my record from about 11 years ago or longer, no felonies all low grade misdemeanors. I was however to purchase a handgun on my own and none of the gun shop I went to would allow me to by the fee for a back round check, they told me I would actually have to pick out the fire arm go thru the whole process and at the end of which my be denied. Needless to say I did not want to go thru the embarrassment in case I was denied, so my first question is does any one know how I can just pay for that PIC system instead of going thru that whole potentially embarrassing ordeal?

So my wife of ten years decided to protect or family and purchased, as we looked online together for a handgun decided on a Sigma .40 cal Smith & Wesson. So I read where a family member can gift a handgun to their spouse without going thru that whole PIC system nor need to do an official transfer. So our question here is can she gift me the fire arm without me knowing whether or not I would pass the PIC check? There is nothing on my record that states I am not allowed to own a fire arm. I am just nervous about a couple of non violent, non drug related misdemeanors jamming me up from purchasing my self. So my wife wants to gift it to me so as to make it my own than she wants to buy one of those pink nine millimeters you see at Gander Mt.?

Ok so I know I am asking a lot of questions here remember I am the new guy to this whole thing I beg for mercy. My last question is if all that is cool for us to do legally than can I apply for the CC permit? In other words she gifts it to me I by pass the PIC system and transfer because we are married can I still go for the CC permit? Oh and finally say we divorce I hope never but say we do can I still keep the pistol? Or do I have to give it back even though we were married at the time she gifted it to me? Which by the way she did.

Ok thank you to all who can help me out with all of this I know I asked a ton of questions I promise I will never ask that much again, oh and please be kind to the newbie.

[Frenchy]

First of all, if you even think you have a problem, you probably want to get the problem solved before you go any further.

Getting your LTCF is about the same if not more intense then buying a gun. It is not embarrassing to find out the truth unless you mean you might have to admit to some things… To people who do not quite know about them yet.

You can not get PICS done as such or a NICS without buying a gun, mind you there is one background check that is relatively close to it.

I don’t have the link, but have heard of it. Basically, it is the same as the background check done by high security firms.

Personally, I would go with the purchase, if you are refused, you can find out why by following the process and might be able to get your record cleared up from there. Nothing worst then having a cop ask your drivers permit and then finding out you have a gun in the car coming back from the range just to tell you that YOU can not have it. Worst, would be to find out your wife is also in need to keep them away from you… What you are suggesting by her “Gifting it to you” based on what you said is probably already a straw purchase.

Without knowing the “crime” no one can really say if you would pass or not. Even people who believe they have no crime some times get turned down… Happened to me right after I got my LTCF, and all because the Sexytery who typed out my LTCF made a mistake on it.

Best thing I can say, try if refused, get a lawyer, see what can be done about it, do not rely on us as Lawyers as most of us are not, and the ones who are will not give free advice.

PS welcome to PAFOA.

[Boom Master]

Thanks for the advice, but it was not in fact a straw purchse i read up on thoes, she really just wanted to buy a gun to protect the family we just browsed the selction together on the net. It was only after a couple of months after she bought it that she had decided she wanted to gift it tome then go purchase that nine I was talking about. Thanks again and I am glad I signd up to this site really informitive.

[markheck1]

What Frenchy Said!

I you think you might be denied, then she has reason to think you might be denied. That is enough reason for her not to be allowed to even let you use a gun let alone transfer one to you. Short answer don't try to skirt around the law. Just go buy the gun, or apply for a PA License to Carry, answer all questions truthfully, and if you have no disqualifying offense you should be fine.

[wsd302]

The best way to find out is to go through the pics process and find out. If you have any doubt in your mind,would you feel comfortable using or carrying the pistol? Even if you get denied and go into the PICS research process you still may come out OK. Get the question answered for your own piece of mind.

[GunLawyer001]

The best way to find out is to go through the pics process and find out. If you have any doubt in your mind,would you feel comfortable using or carrying the pistol? Even if you get denied and go into the PICS research process you still may come out OK. Get the question answered for your own piece of mind.

Actually, that's not true, you can't use PICS unless you try to buy a gun, fill out the 4473 under criminal penalty of unsworn falsification, and sign your name. Falsehoods on the form will subject you to criminal prosecution. Using PICS to see if you're prohibited is like checking for a gas leak with a match.

The State Police website has a form, for $10 or so you can request a copy of your own criminal history report, takes a month or two to get back. There's no risk of prosecution for reviewing your own record, so it's MUCH safer than seeing if PICS catches you trying to buy a gun.

As for the wife thing, if she buys a gun for "family" use because you don't think you can, that sure sounds like a knowing wrongful act. The exception for interspousal transfers is not an exception to the bar on possession by prohibited persons. And the model for a straw purchase is a non-prohibited woman buying a gun for a prohibited man, so it would fit nicely into a DA's docket.

[wsd302]

GunLawyer, why don't you contact him through PM and give him some free legal advice to his question instead of suggesting he spend $10 bucks and wait 2 months?

[GunLawyer001]

GunLawyer, why don't you contact him through PM and give him some free legal advice to his question instead of suggesting he spend $10 bucks and wait 2 months?

How would I know his criminal history? I wasn't there. He needs to find out what his convictions were, and I just told him how to do that without risk of being prosecuted.

[Philadelphia]

GunLawyer, why don't you contact him through PM and give him some free legal advice to his question instead of suggesting he spend $10 bucks and wait 2 months?

I don't know if your post is intended to be sarcastic, but FYI, he did give free advice which happens to be very good advice.

I occasionally get a dose of piss & vinegar too, but come on here. The best way to find out what your official record is, is to get a copy of it and examine it. Gunlawyer told him a straightforward way of how to exactly go about doing that. What's the question here again?

[wsd302]

"he needs to find out what his criminal convictions were"? seems to me he already knows and is looking for some advice. Instead of picking apart those who with no legal experience you could jump right to the problem. Maybe he would share with you via a pm his situation. All you have to do is ask?