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  1. #1
    Join Date
    Oct 2015
    Posts
    1

    Question Purchasing a Gun With an Out-of-State Conviction

    I went to purchase a gun here in florida and I usually get it the same day with my CWP,and other times I have to wait no longer than three days,but this time I was turned down and I had to appeal it here in florida.Turns out I had a misdemeanor back in 1974,also was the same problem I had ten years ago when I applied for my concelled weapons permit and I had to write to penna. to get my records and send them to FFL in florida.
    People at FFL told me I should not have gotten it because it was a misdemeanor and the sentence was 2 years and a day.
    They also told me when I reach 70 it will be cleared because of age.So I'm throwing this out there if anyone can help or had a similar problem.
    Thanks

    P.S......this is a great web site.

  2. #2
    Join Date
    Jan 2011
    Posts
    325

    Default Re: Purchasing a Gun With an Out-of-State Conviction

    Quote Quoting ROACH
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    I went to purchase a gun here in florida and I usually get it the same day with my CWP,and other times I have to wait no longer than three days,but this time I was turned down and I had to appeal it here in florida.Turns out I had a misdemeanor back in 1974,also was the same problem I had ten years ago when I applied for my concelled weapons permit and I had to write to penna. to get my records and send them to FFL in florida.
    People at FFL told me I should not have gotten it because it was a misdemeanor and the sentence was 2 years and a day.
    I can't remember offhand if Florida FFL's contact the FBI NICS directly or if it's a POC state. Either way it sounds like there is a disparity is someone's records, unless the conviction is for domestic violence in which case yes, you are a prohibited person, but in that case FL probably wouldn't have issued the CHL.

    Did the FFL tell you how to appeal the denial, either with the state or with FBI NICS? If it's the FBI use the information here:
    https://www.fbi.gov/about-us/cjis/ni...s/appeals-home

    You may need to get a UPIN eventually (Universal Personal Identification Number), it goes on the 4473 in the block to the right of where you put your SSN.

    They also told me when I reach 70 it will be cleared because of age.So I'm throwing this out there if anyone can help or had a similar problem.
    Convictions don't "age off", they are forever.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,481

    Default Re: Purchasing a Gun With an Out-of-State Conviction

    Was the sentence two years and a day? Or was that in error.

    As for the age 70, the conviction doesn't "age off" in Pennsylvania at that point, but they become eligible for expunction at that time. There's no expunction of convictions other than that (or you die).

  4. #4
    Join Date
    Oct 2014
    Posts
    7,706

    Default Re: Purchasing a Gun With an Out-of-State Conviction

    Quote Quoting ROACH
    View Post
    People at FFL told me I should not have gotten it because it was a misdemeanor and the sentence was 2 years and a day.
    You have a potentially serious problem. While the federal rule on prohibiting convicts from possessing firearms is usually summarized as prohibiting felons and those convicted of domestic violence offenses (even if they a misdemeanors) that is not exactly an accurate summary. As it applies here, 18 U.S.C. § 922(g)(1) makes a crime for anyone who has been convicted of a crime that is “punishable by imprisonment for a term exceeding one year” to possess any firearm or firearm ammunition. If I understand your post correctly you say that you were actually sentenced to serve two years and a day in jail or prison. If that’s right, then the federal prohibition applies to you even if Pennsylvania called the crime a misdemeanor offense. In that case, if you now own or possess (or have at any time in the last five years) firearms or firearms ammunition you may be subject to prosecution by the feds for illegal possession of a firearm. If that’s a possibility, then I suggest you consult a lawyer ASAP about what to do with your guns and ammo now (if you still have them). You won’t want to have any guns or ammo until such time as you get get that crime pardoned or expunged in Pennsylvania.

    The reason the rule is usually summarized as a bar against felons owning a gun is that under federal criminal law a felony offense is any offense that is punishable by more than a year in prison. A lot of states use roughly the same definition, but not all do. This is why it’s critical to look at what the law actually says and not some summary of it to know exactly what is prohibited. Here, no matter what the state calls the crime, if the potential sentence for it is more than a year in prison, the federal bar to possession of firearms and firearms ammunition applies.

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