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Discussion Starter #1
I was just talking to a buddy...He told me he got a new shotgun. And what a run-around it was.

His grandfather bought a gun raffle ticket from a co-worker....the man don't hunt. He won a shotgun. His daughter (My buddy's mom) took him to the gun shop to pick up the shotgun.

The dude at the shop said he needed to run a backround check on the new owner....The man said that he was giving it to his grandson....the dude said he needed the grandson's name and asked if he had ever been in trouble with the law. Well, my buddy had a DUI about 10 years ago. So the dude at the shop said that he could not legally take posession of this shotgun as he was not allowed to own a gun in the state of PA due to his DUI conviction.

So, my buddy's mom had him run her name through the system as she had just purchased a 9mm semi-auto about 5 months ago....All was good. However, He charged her $25 for the backround check and told her that if she gave her son the shotgun, both she and him would be breaking the law and could be jailed.

He didn't tell me the name of the shop. I'm just wondering if there have been more unconstitutional laws passed or if this dude was just taking advantage of the current panic and figuring he can make a little extra money by rather underhanded means?
 

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Are you kidding me?I might check this out...and find out...when I bought my last 2 guns...a month ago....they charged 5.oo
 

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Each gun shop is different. All shops are charged a fee by the state for PIC's ( Pennsylania instant check) Most dealers charge a reduced fee for guns purchased from them and an increased fee for transfers. Each store owner can charge what ever fee they choose to cover their expense. DUI can be a problem. Giving a gun to a known felon is a crime even if it is in the family. If you feel that you are being mistreated you can request a form from your dealer to fill out and send to the state police and they will review the case. This has been the law and is not new. As the data base is updated for past offenses more people are having trouble that have purchased guns in the past. I hope this helps.
 

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Discussion Starter #4
Actually, joepet, that does help. I will steer him to this forum to hopefully elaborate and at the very least, put his mind at ease.

Thank you.
 

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So you can see how effective background checks are....essentially, by saying that the wife was now the gun owner, this was a "straw man" purchase.....
 

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The dui should not have any bearing on this unless he had 3 which is considered a felony then...i had one 14 yrs ago and buy guns all the time through ffl dealers...just recently bought 4 in a two week period...unless his dui was a felony it should not void his right to own the gun...on another note some big name stores have a policy if you fail background check there is a $25 fee...but i know gander charges like $70-80 for a transfer which is crazy
 

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Last year I was giving my dad a pistol of mine with which he hunted with and used more than I did. Since he lives out of state, we were going to put it in his name just as a precaution. When we went to the FFL to complete the transfer, we were told it wasn't necessary. They told us a transaction such as dad-son or son-dad didn't require the transfer. I think he named a few other relationships that didn't require it as well, but i'm not certain. Maybe mom-son is also an exception? Obviously, this is irrelevant if the gentleman can't legally own a gun, but I would have a hard time believing a DUI alone could cause that to happen.
 

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The grand parent to grand child, parent to child and spouse to spouse transfer of handguns does not require a FFL and a PICS check if everyone is a resident of PA AND the receiving individual is known to be unable to purchase.

The shop owner may have been doing some CYA over the potential that the DUI could disqualify the grandson.
 

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No new laws.

Likely, there was something in the record or something he related bout his record that was against current law.

At the point that the paper work drill was being passed around, in the current climate... lucky the transaction happened at all. Some would have seen it as a set up or worse.
 

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Since when does having a DUI on your record affect the ability to purchase a firearm? How does that work, my friend
has 1 on his record and had no problems purchasing a pistol.
 

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He has one. What if someone has more than one? What if the charges were in the higher range or.. there were other issues with the finding of the court?

From the story, it might be there was a misunderstanding, or not. None of us know. But if the details of the charge was relayed there or as posted here caused concern to the FFL holder - he can do as he did. If the information and the action were incorrect, correcting it or clarifying it before going in for another purchase or denying yourself another purchase is in order.

No one should automatically be assigning blame to the background check system, the dealer, or even the purchaser as the facts are unclear here. There is ample room for any of the players here to have gotten it wrong.

Just sayn'.
 

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I wasnt disputing anything that was said, just asking if DUI
was an issue in purchasing a gun, because that would be news
to me. But if I understand correctly you are saying that the
dealer can sell at his discretion?
 

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There is a big difference in DUI's. One is where you get pulled over in a New Years check. Another one is when you are driving dangerously and get pulled over . One is when you hit a tree and the cops come. One is when you hit the tree and leave before the cops come. and the big one is where you kill a family of four in a fiery crash and are roasting marshmallows when the police show up. DUI's all show a lack of common sense. Most in congress have a DUI.
 

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Being convicted of DUI, is not the same as being convicted of a DUI and injuring someone that would be manslaughter or murder in addition to the DUI, which is a whole different crime. I am talking about just being convicted of a simple DUI, not saying whether or not it is right or wrong, but does the law forbid you from buying a gun for having one on
your record, that is all...
 

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Guys, a single DUI charge will not prevent you from purchasing a gun. The LAW says 3 DUI convictions in a 5 year period. Anyone that tells you one or two DUI convictions prevented them from buying a gun isn't telling the whole truth. Most likely, another charge is the culprit. No DUI charge constitutes a felony BTW. The highest a DUI can be is an M1.
 

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You won't get a permit to carry that's for sure!
 

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I would think you Game Wardens would know wether a DUI is a felony or not. I always thought it was, but maybe its after you get three. The felony charge would keep people from possesing a firearm, let alone buying and owning one. I'm sure you guys have arrested people for DUI, doing spotlight enforcement late at night??
 

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PICS needs to go away.
 
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