Denied, possibly a 26-year-old incident?

[willow]

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[YBNORMAL]

Could I be in big trouble because I checked "no" to box #32 on the form that asks if I have ever being convicted of a crime punishable by imprisonment for a term exceeding one year?

Thanks to anyone who may have any advice

IANAL but there is no way to know if you "lied" on your backround check, unless you know exactly what charge you were convicted of. Find that out first, and then ask your question again.

[YllwFvr]

Send in a challenge form, available at the gun store. It will tell you why you were denied, or even overturn it. You can go from there with knowledge as to why.

I had something similair happen. Bought a rifle then three weeks later was denied a pistol. I sent in the challenge form and about two weeks later recieved a brief apology letter stating it was an error. Went right down and got a shiny new pistol!

[ehidle]

I think this is one of those "call a lawyer now and get the hell off the Internet" times.

[willow]

If your incident took place in PA, you can look here to see what you were convicted of:
http://ujsportal.pacourts.us/DocketSheets/CP.aspx

I was able to do this, but since the case is from 1984, the charge is not listed for some reason? However, the fine was, which was $200.

Thank you for the link.

[GunLawyer001]

Send in a challenge form, available at the gun store. It will tell you why you were denied, or even overturn it. You can go from there with knowledge as to why.
. . .

You should not use the challenge form as an investigative tool. You could be prosecuted for a second criminal count.

When you fill out the forms when you try to buy a gun, it's a crime to make any false statements. You could be prosecuted for that.

Then when you complete and send in the challenge form, that's a SECOND time that you are stating that you are not prohibited, and if you read the form, right above the "signature" line, you are made aware of the penalties under PA law for unsworn falsification. That's a second, independent crime.

So if you were in fact convicted of, for example, a crime under the food, drug & cosmetic act, but you say TWICE that you were not, then you could be charged and convicted for 2 counts, under 2 separate statutes.

There are other, safer ways of reviewing your own history. You can request a copy of your criminal history from the PSP for around $10; if that comes back clean, then you not only have reason to believe that you have no prohibiting convictions, but you have evidence of your own "due diligence", that you moved forward in contesting the denial in good faith. You still might be denied because of a PFA or an out of state warrant or some mental health issues, or it could be someone with a similar name. But you did what you could, and that helps me defend you if you're prosecuted.

The challenge form can be a legal trap. Don't use it for fishing. You'll pay me or another lawyer a LOT more money to defend yourself from a criminal charge if they decide to make an example of you, as they do from time to time.

[Karma8541]

Today, 10/30/09, I went into my local sport/gunshop to purchase a handgun. I filled out both required forms. A call was made for the background check and I was denied.

I'm not sure why I was denied and I am confused, as I purchased a handgun back in July on 1993 and had no problems. I checked off "no" for previous convictions/misdemeanors that were at a level that would prohibit me to purchase a firearm, as I did back in 1993 when I purchased a handgun. (In reference to that purchase, I owned that firearm for about a year, give or take a few months, using it to go to my local indoor target practice facility, but sold it back to the place I purchased it, as I lost interest in it after the friend I was going to target practice with moved).

Back to the current issue at hand - When I got home from the gunshop I began to think about what could have possibly been the cause for the denial.

I am 48 years old and haven't had any legal issues other than one that occurred 25 years ago. I was 23 at the time and got into some trouble for driving in my parents car with a friend who sold a bag of drugs to someone in Law Enforcement. Needless to say, I was brought into this because I had this individual in my vehicle and my plate number was obtained. My parents hired a well-known attorney in the area to represent me. Because it’s been 25 years since this incident, I don't remember exactly what the charge was. But, I think it was some form of conspiracy?

I was young and scared and was told by the lawyer to say nothing during the proceedings. When all was said and done, I remember the attorney asking the judge to reduce the charge to the lowest misdemeanor so that I could enter the military if so desired. In 1984 the military wouldn’t accept applicants with anything higher than a misdemeanor, so the request was granted from what I can vaguely remember.

I do remember the attorney saying everything was ok, and it wouldn't affect me in regards to employment, the military, etc. I was never told I couldn't purchase a firearm. I was able to look up the old case docket, but other than the fine amount, which was $200, there is nothing listed in regards to what that actual charge was or what level misdemeanor I received. Since I purcahsed a firearm back in 93, and the paperwork was somewhat the same, I didn't expect or foresee any problems.

After the the gun shop owner told me I was denied, he said that he had to send the application with the status of “Denial” to the state police. I asked him why, and he stated that the state police try to prosecute people who intentionally falsify information in the efforts to obtain a firearm.

My concern is that the state police might think I intentionally falsified my information, as I checked "no" to box #32 on the form that asks if I have ever being convicted of a crime punishable by imprisonment for a term exceeding one year. From what I remember over a 25-year period, which is very cloudy to say the least, the lowest misdemeanor I was told by the attorney I received wouldn't have constituted the above-mentioned one-year term of imprisonment clause. Now that I have found the the docket with the actual fine amount of $200, I would assume that assumption to be correct. But without the actual charge being listed in the docket, I'm at a loss!

I am very upset and worried, as I have a wife and two daughters, my oldest being 28, and my youngest age 5, and the last thing I ever wanted was a legal problem that could potentially ruin our lives. I’ve been a stay at home father over the past 5 years, and have been with my 5 year old every day since she was born. All I care about is my family, the handgun is not that important to me so I’m opting not to challenge the denial, as my wife was somewhat uneasy about having a firearm in our home with a young child. I want to be proactive in regards to this, but I don't know what to do, or if I should seek legal council to discuss this issue???

Thanks to anyone who may have any advice

Hmmm my question is if he was able to buy a handgun back in 93 and has not been in any trouble since,Then why all of a sudden is he being denied?

Semper Fi,

[Helter]

Hmmm my question is if he was able to buy a handgun back in 93 and has not been in any trouble since,Then why all of a sudden is he being denied?

Semper Fi,

Could have been an error, could be someone else with the same name?

[willow]

You should not use the challenge form as an investigative tool. You could be prosecuted for a second criminal count.

When you fill out the forms when you try to buy a gun, it's a crime to make any false statements. You could be prosecuted for that.

However, on the form it states under section 34, "I verify the facts that I have set forth in Blocks 5-33 of the form are true and correct to the best of my knowledge, information, and belief".

To the best of my knowledge, information, and belief, and from what I was told by the attorney 25 years ago, I wouldn't have been aware of any convictions that would have prohibited me in purchasing a firearm. As stated, I purchased a firearm in 93 and filled out a form that was similar to the one I filled out yesterday and was issued the firearm. Nothing has changed since 1993.

I don't understand why they would want to attempt to prosecute me for making "false statements" with the information I had, and a prior legal purchase of a firearm in 1993? I was able to find the receipt for that purchase as well as the receipt for the sale of the firearm back to the shop that I purchased it from. So, to the "best of my knowledge", I answered honestly. I might be going out on a limb here, but if someone is attempting to purchase a firearm illegally, I would think that it was for a greater purpose, i.e., to commit some sort of crime with a firearm.

This is a small town and I live 2 miles from this shop. I have a home and family, and I have been a stay at home father for the past 5 years. The state police can easily check my background to see that the 1984 incident is the only one on record, and there have been no other incidents to date. I was purchasing the firearm for the sole purpose of home protection. Why would I, out of the blue, wake up one day and intentionally try and purchase a firearm illegally at a shop 2 miles from my home? If they were to investigate this, one would think that they would take all of this into consideration and see that this would be out of character. If they have to present this to the D.A. for an approval to arrest, this information would be available for the D.A. to view.

With that being said, do you feel they would still attempt to prosecute me?

[willow]

Could have been an error, could be someone else with the same name?

My wife used the link above to look up my first and last name and did find someone with the same first and last name with multiple drug charges and a conviction that included a prison term.

But, the gun shop owner said that a person’s license number is what they use to gather your info. Your SS# was optional, but suggested to prevent misidentification. I gave my social, so how could there be an error. The other individual with the same and first and last name doesn't have my license number.