Trouble with my gun purchase

[Dopitamanek320]

I took a PTO day to pick up my gun today. I was totally excited and my fiancee was interested in buying a 'woman gun' so we can go to the range together...

When the guy made the call for the background check there was some sort of question about my criminal history and it would be 'reviewed'.

Im pretty sure I know what it is and it is the most aggravating and embarrassing experience i ever had in my 22 years of life. A former employer accused me of theft by 'failure to make disposition of funds' and theft by deception, however these charges were dismissed, in 2008 now nearly a year later this is biting me in the ass again, as I read when I did research only a conviction of such a crime would bar me from being allowed to bare arms....being that these charges are dropped my question is why does anything need to be reviewed if it shows as a discharge/dismissal?

btw I have contacted my lawyer and he got an expungment hearing set up for me early next month....so i guess worse case senario is I get my gun after the hearing.

[Robert Kayland]

The State Police apparently have computer records of incidents beyond actual convictions, and know about arrests too... even from 50 years ago, whether the events happened as a minor or not... and yes, even if said arrests don't lead to formal charges and/or convictions.

So, they deny you, and you have to go through the rigamarole of sending them a challenge letter and then they send a letter back telling you why you were denied and then you send them another letter "explaining yourself" for those incidents... even though there is no official criminal record on any other so-called 'background check' done by employers and such.

It's a PIA, but that's the way it is. There have been several threads on this forum for like instances.

On a side note: expungements are only for crimes you've actually been found guilty of... and if it's just an arrest incident that the PICS system has, then your letter of explanation after the challenge is enough to pass you for that and all subsequent firearms purchases and LTCF requests... no need for a lawyer... but if you're trying to get the lawyer to somehow get the incident off of the PICS computer, well... good luck. Even if ordered to by a judge, the State Police often find great amusement in orders coming from a local judge in re their computer system.

[Dopitamanek320]

The State Police apparently have computer records of incidents beyond actual convictions, and know about arrests too... even from 50 years ago, whether the events happened as a minor or not... and yes, even if said arrests don't lead to formal charges and/or convictions.

So, they deny you, and you have to go through the rigamarole of sending them a challenge letter and then they send a letter back telling you why you were denied and then you send them another letter "explaining yourself" for those incidents... even though there is no official criminal record on any other so-called 'background check' done by employers and such.

It's a PIA, but that's the way it is. There have been several threads on this forum for like instances.

Being that they have to do 'research' how long do they normally take? should I go down to the state police barracks myself and inquire? and how long does the challenge process take?

[TXDMERC73]

the challenge that you have must be sent to the State Police Firearms Division in Harrisburgh Pa and there they make the decision either to deny you or give you a reversed denial. u must explain it in the letter that you werent convicted and have you and your lawyer sign it and sent it to the harrisburgh office and wait couple weeks.

[Robert Kayland]

Again, if it's just a matter of explaining an arrest incident, you don't need a lawyer... just a letter from you explaining all the details and the fact that you weren't charged and/or convicted should be enough... they'll check the court records and/or call the arresting police department themselves, if they feel it's necessary to go that far... or perhaps ask you to get a letter from the courthouse in the county in which the arrest occurred to verify that there are no charges pending and no record of conviction. (That costs about $23 for the paperwork, and you can go down to the courthouse yourself and fill out the request paperwork or, if said county is up-to-snuff, get the form from online and send it in).

[Dopitamanek320]

Again, if it's just a matter of explaining an arrest incident, you don't need a lawyer... just a letter from you explaining all the details and the fact that you weren't charged and/or convicted should be enough... they'll check the court records and/or call the arresting police department themselves, if they feel it's necessary to go that far... or perhaps ask you to get a letter from the courthouse in the county in which the arrest occurred to verify that there are no charges pending and no record of conviction. (That costs about $23 for the paperwork, and you can go down to the courthouse yourself and fill out the request paperwork or, if said county is up-to-snuff, get the form from online and send it in).

Its philadelphia county, ive got the paperwork that says all charges were dismissed last year.

[Searcher67]

I have not had any issues about not getting the gun right away. But let me explain....From 98 to 2000 I was embroiled in a bitter divorce and by that I mean the EX file numerous charges against me anything from abuse to out and out violence, from terroristic threats to stalking and harming my kids.

11 times I had to answer to charges 1 time I was actually arrested and spent 2 weeks in jail until a court hearing (long story)..

All in all I beat out every charge, if your going to file charges make sure you have all your bases covered like where that person is at the time you alledge them doing a crime!!!!

All this took place in MD hence the reason I now live in PA!! I did buy a handgun in MD in 01 and had to wait the usual 2 weeks, boy I thought for sure I was going to be denied! But I wasn't and I have only been told I had to wait for a handgun here in PA once but by the time I got home from the gun store I got the call that I was approved and could come back and pick it up.

When I look myself up in the MD database I am still in there as having the charges but also the disposition is listed as Nolle Prosse (sp) so the record is still there. Do Pa and MD not communicate?

[YllwFvr]

It might not be necessary at all. I bought a few guns then was suddenly denied. I had been previously arrested but the charges were dropped. Sent in the challenge and got an apology letter in the mail and was good to go.
Hope yours goes that route and is simple.

[GunLawyer001]

The State Police apparently have computer records of incidents beyond actual convictions, and know about arrests too... even from 50 years ago, whether the events happened as a minor or not... and yes, even if said arrests don't lead to formal charges and/or convictions.

So, they deny you, and you have to go through the rigamarole of sending them a challenge letter and then they send a letter back telling you why you were denied and then you send them another letter "explaining yourself" for those incidents... even though there is no official criminal record on any other so-called 'background check' done by employers and such.

It's a PIA, but that's the way it is. There have been several threads on this forum for like instances.

On a side note: expungements are only for crimes you've actually been found guilty of... and if it's just an arrest incident that the PICS system has, then your letter of explanation after the challenge is enough to pass you for that and all subsequent firearms purchases and LTCF requests... no need for a lawyer... but if you're trying to get the lawyer to somehow get the incident off of the PICS computer, well... good luck. Even if ordered to by a judge, the State Police often find great amusement in orders coming from a local judge in re their computer system.

Substantially correct, except that plenty of expungements are for arrests that did not lead to convictions. They are a big part of the ARD process, where you can get the records "sorta" expunged for most purposes after you complete the program. (The arrest won't come up in a standard check, but the DA knows that you were granted ARD once, so you can't get "first time" treatment again.)
The courts will probably grant an expungement for non-conviction arrests, but not always. Sometimes the police will show that there was enough smoke for there to be fire, but not enough to get a conviction, and they like to have that record in the system so that it's easier to keep an eye on you.

As for the PICS research, mostly they need time to try to locate a disposition, they need to contact the arresting department and see what they have. It's also an opportunity for you or your lawyer to help direct their research and to frame the issues with respect to the UFA and Federal statutes. I generally get these straightened out in 2 to 5 billable hours (which can still take a couple of weeks from start to finish.)

[ointment]

kinda a random question, but a buddy of mine (yes in fact someone else, not me) had a felony charge when he was a minor (possesion) does the fact that it occoured when he was underage help his case when trying to buy a pistol? thanks