Trying to figure out PICS

[kwmpa]

I got a DUI two years ago went through ARD and had my record expunged. I had my License to carry before the dui and the probation office said it was still good after i got off. I went to buy a hand gun the other day and PICS put it into research. What are the chances they are going to deny me from purchasing.

[Pa. Patriot]

Your 1 DUI is not prohibiting. If you went into research you should be OK unless you have a prohibiting offense.

(b) Enumerated offenses.--The following offenses shall apply
to subsection (a):
Section 908 (relating to prohibited offensive weapons).
Section 911 (relating to corrupt organizations).
Section 912 (relating to possession of weapon on school
property).
Section 2502 (relating to murder).
Section 2503 (relating to voluntary manslaughter).
Section 2504 (relating to involuntary manslaughter) if
the offense is based on the reckless use of a firearm.
Section 2702 (relating to aggravated assault).
Section 2703 (relating to assault by prisoner).
Section 2704 (relating to assault by life prisoner).
Section 2709.1 (relating to stalking).
Section 2716 (relating to weapons of mass destruction).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 2910 (relating to luring a child into a motor
vehicle).
Section 3121 (relating to rape).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3125 (relating to aggravated indecent assault).
Section 3301 (relating to arson and related offenses).
Section 3302 (relating to causing or risking
catastrophe).
Section 3502 (relating to burglary).
Section 3503 (relating to criminal trespass) if the
offense is graded a felony of the second degree or higher.
Section 3701 (relating to robbery).
Section 3702 (relating to robbery of motor vehicle).
Section 3921 (relating to theft by unlawful taking or
disposition) upon conviction of the second felony offense.
Section 3923 (relating to theft by extortion) when the
offense is accompanied by threats of violence.
Section 3925 (relating to receiving stolen property) upon
conviction of the second felony offense.
Section 4912 (relating to impersonating a public servant)
if the person is impersonating a law enforcement officer.
Section 4952 (relating to intimidation of witnesses or
victims).
Section 4953 (relating to retaliation against witness or
victim).
Section 5121 (relating to escape).
Section 5122 (relating to weapons or implements for
escape).
Section 5501(3) (relating to riot).
Section 5515 (relating to prohibiting of paramilitary
training).
Section 5516 (relating to facsimile weapons of mass
destruction).
Section 6110.1 (relating to possession of firearm by
minor).
Section 6301 (relating to corruption of minors).
Section 6302 (relating to sale or lease of weapons and
explosives).
Any offense equivalent to any of the above-enumerated
offenses under the prior laws of this Commonwealth or any
offense equivalent to any of the above-enumerated offenses
under the statutes of any other state or of the United
States.
(c) Other persons.--In addition to any person who has been
convicted of any offense listed under subsection (b), the
following persons shall be subject to the prohibition of
subsection (a):
(1) A person who is a fugitive from justice. This
paragraph does not apply to an individual whose fugitive
status is based upon a nonmoving or moving summary offense
under Title 75 (relating to vehicles).
(2) A person who has been convicted of an offense under
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or any
equivalent Federal statute or equivalent statute of any other
state, that may be punishable by a term of imprisonment
exceeding two years.
(3) A person who has been convicted of driving under the
influence of alcohol or controlled substance as provided in
75 Pa.C.S. § 3802 (relating to driving under influence of
alcohol or controlled substance) or the former 75 Pa.C.S. §
3731, on three or more separate occasions within a five-year
period. For the purposes of this paragraph only, the
prohibition of subsection (a) shall only apply to transfers
or purchases of firearms after the third conviction.
(4) A person who has been adjudicated as an incompetent
or who has been involuntarily committed to a mental
institution for inpatient care and treatment under section
302, 303 or 304 of the provisions of the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures Act.
This paragraph shall not apply to any proceeding under
section 302 of the Mental Health Procedures Act unless the
examining physician has issued a certification that inpatient
care was necessary or that the person was committable.
(5) A person who, being an alien, is illegally or
unlawfully in the United States.
(6) A person who is the subject of an active protection
from abuse order issued pursuant to 23 Pa.C.S. § 6108, which
order provided for the relinquishment of firearms during the
period of time the order is in effect. This prohibition shall
terminate upon the expiration or vacation of an active
protection from abuse order or portion thereof relating to
the relinquishment of firearms.
(7) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or
under any equivalent Federal statute or statute of any other
state as a result of conduct which if committed by an adult
would constitute an offense under sections 2502, 2503, 2702,
2703 (relating to assault by prisoner), 2704, 2901, 3121,
3123, 3301, 3502, 3701 and 3923.
(8) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal
statute or statute of any other state as a result of conduct
which if committed by an adult would constitute an offense
enumerated in subsection (b) with the exception of those
crimes set forth in paragraph (7). This prohibition shall
terminate 15 years after the last applicable delinquent
adjudication or upon the person reaching the age of 30,
whichever is earlier.
(9) A person who is prohibited from possessing or
acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to
unlawful acts). If the offense which resulted in the
prohibition under 18 U.S.C. § 922(g)(9) was committed, as
provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to
definitions), by a person in any of the following
relationships:
(i) the current or former spouse, parent or guardian
of the victim;
(ii) a person with whom the victim shares a child in
common;
(iii) a person who cohabits with or has cohabited
with the victim as a spouse, parent or guardian; or
(iv) a person similarly situated to a spouse, parent
or guardian of the victim;
then the relationship need not be an element of the offense
to meet the requirements of this paragraph.

Exceptions:

(d) Exemption.--A person who has been convicted of a crime
specified in subsection (a) or (b) or a person whose conduct
meets the criteria in subsection (c)(1), (2), (5), (7) or (9)
may make application to the court of common pleas of the county
where the principal residence of the applicant is situated for
relief from the disability imposed by this section upon the
possession, transfer or control of a firearm. The court shall
grant such relief if it determines that any of the following
apply:
(1) The conviction has been vacated under circumstances
where all appeals have been exhausted or where the right to
appeal has expired.
(2) The conviction has been the subject of a full pardon
by the Governor.
(3) Each of the following conditions is met:
(i) The Secretary of the Treasury of the United
States has relieved the applicant of an applicable
disability imposed by Federal law upon the possession,
ownership or control of a firearm as a result of the
applicant's prior conviction, except that the court may
waive this condition if the court determines that the
Congress of the United States has not appropriated
sufficient funds to enable the Secretary of the Treasury
to grant relief to applicants eligible for the relief.
(ii) A period of ten years, not including any time
spent in incarceration, has elapsed since the most recent
conviction of the applicant of a crime enumerated in
subsection (b), a felony violation of The Controlled
Substance, Drug, Device and Cosmetic Act or the offense
which resulted in the prohibition under 18 U.S.C. §
922(g)(9).

source: 18PACS6105

[kwmpa]

I havent had anything other than a couple speeding tickets here and there. That was the only thing I have ever been to court for.

[Pa. Patriot]

Originally Posted by kwmpa

I havent had anything other than a couple speeding tickets here and there. That was the only thing I have ever been to court for.

You should be a-ok then. Research happens fr a variety of reasons.

IF the research comes back denied, make sure to get the challenge form from the dealer and send it in. VERY important.

Report back if you can.

[kwmpa]

is there any way to find out status or find out whats going on like a customer service number for pics or anything like that....i have also heard the state police doesnt like to delete records so it causes people problems

[kwmpa]

i talked to my lawyer today and he said he is going to check with the probatin office to see if the PSP sent in the papers for my records being removed since it was supposed to be done months ago....if they havent we are going to file suit....he says thats probably the hold up they just like to screw with people.

[HSMaxim]

One DUI will not cause you to be denied, three in a five year period will.

Give it the three days.

[GunLawyer001]

If the OP got ARD and it was a 1st offense, then he's probably not prohibited, but under the current DUI laws it's possible to become prohibited without the specified 3 DUI's in 5 years. The factors examined include the blood alcohol reading, whether there are injuries, whether it's a 1st, 2nd, or 3rd offense, whether there's a CDL or school bus involved, etc. Very complicated. But, for example, a 2nd offense with a .16 reading is an M-1. All M-1's are prohibiting.

[knight0334]

This misdemeanor prohibition thing really needs fixed and the PSP needs to be put back in their place.

Federal law only prohibits on specific federal and state sentences of 1 year or more, or state misdemeanors of more than 2 years. PA's law only mentions a sentence length in the drug, device and cosmetics section. Nowhere else in 6105 is the sentence length a prohibiting factor in state law. Only a select few misdemeanors of any level(M1, M2, M3) are enumerated in both state and federal laws prohibiting possession.

Unless the offense is specifically outlined as a prohibiting one, or if sentence exceeds 2 years, not 1, you should not be prohibited.

§ 6105
(c) Other persons.
(2) A person who has been convicted of an offense under
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or any
equivalent Federal statute or equivalent statute of any other
state, that may be punishable by a term of imprisonment
exceeding two years.

Here is the federal law definition of “crime punishable by imprisonment for a term exceeding one year”


http://www.law.cornell.edu/uscode/ht...1----000-.html

TITLE 18 > PART I > CHAPTER 44 > § 921(a)
(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

[GunLawyer001]

Originally Posted by knight0334

This misdemeanor prohibition thing really needs fixed and the PSP needs to be put back in their place.

Federal law only prohibits on specific federal and state sentences of 1 year or more, or state misdemeanors of more than 2 years. PA's law only mentions a sentence length in the drug, device and cosmetics section. Nowhere else in 6105 is the sentence length a prohibiting factor in state law. Only a select few misdemeanors of any level(M1, M2, M3) are enumerated in both state and federal laws prohibiting possession.

Unless the offense is specifically outlined as a prohibiting one, or if sentence exceeds 2 years, not 1, you should not be prohibited.




Here is the federal law definition of “crime punishable by imprisonment for a term exceeding one year”


http://www.law.cornell.edu/uscode/ht...1----000-.html

I'm not sure where you're going with this. Every M-1 in PA is punishable by up to 5 years, so every M-1 is prohibiting. The sentence imposed is irrelevant, what the crime is punishable by (the maximum allowable sentence) is the determining factor. That's Federal law.

The PSP really don't have any latitude, if you have an M-1 or Felony or any listed offense, or any of the other disqualifiers under PA or Federal law, then they can't approve you. The only place where discretion kicks in is when you had convictions in other jurisdictions that might be equivalent (or might not be) to prohibiting PA offenses, and of course there's always the question of interpreting ambiguous court records; when you were charged with 5 offenses and have a general guilty plea without specifying which of the charges you're pleading to, they have to figure it out.