Is the Pennsylvania State Police Changing Docket Entries 11 Years Post-Conviction to Support Firearm Purchase Denials? It just may be.
I am currently involved in a case that seems to suggest that the Pennsylvania State Police (PSP) may be changing docket entries, where it is 11 years post-conviction, and only now, after a denial to purchase a firearm, is the docket morphing into something that it was not before. This is extremely shocking and only through a fluke that I caught on to it.
After speaking with the client and learning that he had just been denied the purchase of a firearm, based on a DUI conviction in PA, I pulled his docket. The docket only reflected that he had been convicted of one subsection of PA’s old DUI law, 18 PA.C.S. 3731, in 1999. The grading of that offense was not listed. The second subsection that was charged had no disposition, meaning there was no indication of whether it was a conviction, finding of not guilt, or dismissed.
Two days later, I went and pulled his docket, again. To my surprise, this 11 year old docket had been changed! The docket now reflected a hung jury for the second subsection charged, along with a listing stating that a conviction for that subsection was a misdemeanor 1. The conviction for the other subsection still did not list the grading. This caught my attention, as there was no reason for an 11 year old docket to be modified, unless someone at the PSP was making changes because of the recent denial.
I then went to the law library to pull the old DUI Code and all the amendments. I was able to ascertain that at the time of his conviction, the disposition should have been a misdemeanor 2, which is not prohibiting, in this context, for the purchase and ownership of a firearm. Upon returning to the office, I pulled the docket for a third time, only to find that the docket had been modified again! Now, the grading for his conviction was, in my opinion, erroneously listed as a misdemeanor 1, which would support the PSP’s denial. Of course, none of the previous dockets are available, as they have been overridden by the newest docket.
This is extremely concerning given the fact that it appears that the PSP is now modifying docket entries to support its denials. There is no other explanation for why the dockets, some 11 years post-conviction, would all of the sudden start changing. More interestingly, the changes specifically, and contrary to law, support the denial. It will be interesting to see how this plays out.
If you have been denied the purchase of a firearm because of a DUI or other conviction, or otherwise have been denied your Second Amendment Right, contact me today to discuss your possible options.