I would like to OC but have a problem

imported post

Hello everyone, Id like to say first I stumbled across this site during a search and sat and read through 8 pages of threads over the last three days. I see alot of very intelligent discussions, and good ideas. I much enjoyed the whole "air" of the site. So I was hoping to get some opinions and maybe some insight?

Ok to make a long story short (I will rehash the whole event gladly if you wish) I took my gun from PA into NY without thinking about it, got pulled over, and arrested. I dont know the legal mumbo jumbo but I was charged with something lesser (disguising a gun as a toy) so I could more easily fight itand was let go with papers stating that if I broke no laws in six months all charges would be dropped. Six months went up and I got my permit back in the mail and went to the gun store. BTW I'd already talked to the Sheriff and he said if I got my permit back that it means im ok to buy. I was approved for a rifle, then three weeks later denied for a pistol. The store owner warned that if i challened and they dug into it I may get my rifle taken away from me. Any ideas?

I got my firearm because at 23 ive been mugged once at gun point, had an attempted car jacking in Richmond Va, and had my car stolen from my driveway. Im a magnet for trouble I guess. I dont know why, I dont look like a victim at 5'11" 205 lbs. Im a pretty bigfellaand openly inked. Ive had it CC for a couple years and if I get it back I'd like to try carrying it openly. But id have to do one of your open carry dinners, I dont feel comfortable just jumping into it.

Long and short Im afraid I dont know how to go about this.

imported post

Do the appeal on the pistol purchase if you haven't already. Right now. Have it in the mail tomorrow.


If it turns out you're a prohibited person (Though if you had the charges dismissed, they won't be on your record. I went through the same thing with a trespassing charge in NY, and it doesn't show up on my record.) you'll want to be informed of this.


Just holding on to the rifle and pretending nothing happened is a "Very Bad Thing" if there's any doubt to the legality of you having it, and if you ever use it to defend yourself, and find out THEN that you're a prohibited person, you're looking at spending time with Bubba, or a very long, expensive battle to keep yourself from it.

Yes, you might end up finding out you can't keep your rifle, but it's better than finding out you can't keep your freedom.

imported post

Your dealer is an idiot. Do not take advice from this guy on anything knowing what shitty advice he gave you on this serious issue.

File the challenge form (if you are still within the time period). Filing or not filing will NOT change your status if you are indeed prohibited. Denials DO happen erroneously. Especially in cases like yours where you had a brush with the law and the court/paperwork may not reflect the current status. Speaking of which, I am less than confident in LEO's following up on such promises like you report you received from NY. Were the charges indeed dropped? Or were you cited/convicted or a lesser offense? Who took your permit? NY police? Who gave it back? It should not have been seized if it was not revoked (doesn't sound like it was).

imported post

Rich, in New York there's a trial disposition that they completely wipe a charge if you don't re-offend for the next six months, it's not just a promise by police/whoever.

I can't remember what they call it, but I've gotten one before.

imported post

I'm trying to dig up my papers. It's like Aran said. When I find the paper I know it states in bold at top what it's all about. This all happened in march and April last year so it's been a while.
Also as far as being in the time period do you mean the fifteen days the background check has to get back to you? Because it was filed on Dec 18 and I didn't get a reply for nearly 22 days. That had the store owner and myself confused. I must admit this whole thing happened over the holidays. Could that be a factor? Or perhaps that it was tried so close to the rifle purchase? Either way I will be getting that challenge form out in the mail!

imported post

Like others have said, you should indeed challenge as soon as possible (NOW). The process can be eased along if you caninclude court records that show the charge was ultimately dismissed, or even if you can show the nature of the offense was less than a felony- but if this is not immediately available you can submit them later.

imported post

Plan for the worst and hope for the best - I have personal experience with the Pennsylvania Instant Check System (PICS) and its many flaws.

I have purchased firearms in PA and VA and never had any problems. I applied for an received a Virginia Concealed Handgun Permit. At the time VA and PA did not have a reciprocal agreement so I applied for a PA License to Carry Firearms - this is when the fun began.

I was denied - I appealed knowing that it was a mistake on their part.

No dice, was denied a second time.

If I remember correctly at that time I was given an additional 30-days to submit additional information to clear things up prior to the entire "case" going to the next level. I took time to call the county Courthouse, the Sheriff, and finally the local police. Everyone were very helpful and shared their displeasure with how the Pennsylvania State Police (PSP) continually screwed things up with PICS.

In the end the additional info I submitted cleared everything up - my records were corrected. For anyone else that runs into problems with PSP PICS don't give up - press the issue and force them to correct what is wrong.

imported post

So you suggest I call my local sheriff? I dont really see what my local PD could do but maybe I could call the Harrisburg firearms division, see if they had any insight as to the problem. Ive dealt with them before, slow process getting to talk to anyone.

imported post

YllwFvr wrote:

So you suggest I call my local sheriff? I dont really see what my local PD could do but maybe I could call the Harrisburg firearms division, see if they had any insight as to the problem. Ive dealt with them before, slow process getting to talk to anyone.

Click to expand...

Read the posts closely - they suggest you file a PICS denial appeal with the PSP.

imported post

I have one of those, and I will definately send it in. Up until now I was afraid to as a veritable doomsday scenario was described by the store owner if they dug into why I passed the first one at all. Thanks guys! I hope this all gets straightened out! I want to try one of those dinners!

imported post

Most cases I heard of that would be dropped in 6 months of good behavior are not automatically dropped you have to go to the court the ticket or infraction occured and make sure they take care of the records so that it is really dropped. Sometimes this might even mean appearing before a judge or commissioner but mostly not.

imported post

sudden valley gunner wrote:

Most cases I heard of that would be dropped in 6 months of good behavior are not automatically dropped you have to go to the court the ticket or infraction occured and make sure they take care of the records so that it is really dropped. Sometimes this might even mean appearing before a judge or commissioner but mostly not.

Click to expand...

WOW that would be terrible! Thats a four hour drive one way, then theres the wait (court rooms are worse than doctors offices!). Ill call and see if its still on my record.I call to the court I had mydismissal at?

imported post

Yea I know I thought this incident of mine was supposed to be dropped until I tried to go up to Canada one time thats how I found out the courts don't automatically drop them you have to petition the court to get it removed. But if it was in the courts ruling to be dropped after so much time of good behavior they usually do it without any hiccups.

imported post

Just reading this now. I hope you get it all taken care of and look forward to meeting you in March at the dinner. (FYI you're welcome to come and meet everyone even if you're still trying to iron everything out at that point!)

imported post

Well thank you very much! It's appreciated and I will be there.

imported post

Found my papers. ACD adjournment in contemplation of dismissal.

imported post

Contacted my lawyer, my charges were dropped the fourth of this month and I'm free and clear! Going to go pick out a pistol tomorrow!
Wish me luck!

imported post

YllwFvr wrote:

Found my papers. ACD adjournment in contemplation of dismissal.

Click to expand...

Thanks, I was trying to remember what it was called since you first mentioned it.

It's been about four years for mine now, so I don't even know where my paperwork is anymore (Probably in the safe back home)

imported post

Dont forget, "charges dropped" is not always an all clear.

There are some states (PA?) which say "If you have ever been ADJUDICATED" you cannot buy a firearm.
Adjudicated is a very broad term, but simply means if you have ever been processed in a criminal case.

For instance, in Maryland, if you were 13 years old and got caught shoplifting and the charges dropped, even when your 80 years old and a totally clean adult record you still wouldn't be able to buy a firearm.
The same in Colorado.

Yet, an adult who has non-violent misdemeanor convictions is still able to buy firearms all day long .

Insane isnt it?



What I would advise you to do , is get your record expunged.

Even though the charges were "dropped" there is still a court record on you.

Getting it expunged would totally delete your case file from any computers.

imported post

Sig229 wrote:

Dont forget, "charges dropped" is not always an all clear.

There are some states (PA?) which say "If you have ever been ADJUDICATED" you cannot buy a firearm.
Adjudicated is a very broad term, but simply means if you have ever been processed in a criminal case.

For instance, in Maryland, if you were 13 years old and got caught shoplifting and the charges dropped, even when your 80 years old and a totally clean adult record you still wouldn't be able to buy a firearm.
The same in Colorado.

Yet, an adult who has non-violent misdemeanor convictions is still able to buy firearms all day long .

Insane isnt it?



What I would advise you to do , is get your record expunged.

Even though the charges were "dropped" there is still a court record on you.

Getting it expunged would totally delete your case file from any computers.

Click to expand...

Yeah I would guess that must be the case because I failed again Monday. The PICS lady told the saleman dont let me leave without filling out a challenge form... It would be terrible if Im barred from buying!

Now thats just handguns right? You have to have them registered so it must be through a Firearms dealer?

Long guns and shot guns I can still purchase second hand from individuals?