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Old April 16th, 2008, 02:37 PM
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Default Question about gun laws and probation.

I'm currently on probation from a misdemeanor. Stupid mistakes I made when I was younger Anyways my question is, are there any sort of laws that would keep me from purchasing a hand gun? It was a non violent crime and everything so I'm pretty sure I'm in the clear but just want to make sure.
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Old April 16th, 2008, 02:49 PM
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Default Re: Question about gun laws and probation.

Quote:
Originally Posted by Dougie085 View Post
I'm currently on probation from a misdemeanor. Stupid mistakes I made when I was younger Anyways my question is, are there any sort of laws that would keep me from purchasing a hand gun? It was a non violent crime and everything so I'm pretty sure I'm in the clear but just want to make sure.
While you are on probation you won't be able to own or poses a firearm (Check with your P.O. on that one) however after you complete it it may be a different matter, depending on the charge and how long of a prison term you COULD have been sentenced to, had you not received probation.

Your best bed to get a factual answer based on your specific situation is to talk with your lawyer. He or She will be able to give you better advice in that respect.

Other then that, welcome to the forum!
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Old April 16th, 2008, 02:51 PM
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Default Re: Question about gun laws and probation.

below is an excerpt from the section of PA law that defines who is prohibited from owning guns. you'll have to read through it and see if any of it applies to you.

i have only posted part of the section, though. i would suggest your read through the entire thing.

you can find a somewhat outdated, but prolly fine for this purpose, version of the PA UFA here:

http://www.acslpa.org/pa_uniform_firearms_act.htm

EDIT: here is a link to a version of the PA UFA that is kept up-to-date by one of our own gun rights activists (PA Patriot):

http://www.frontlinearmory.com/misc/paoc/ufa.html

Quote:
6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.

...

(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.

...

(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.

Last edited by LittleRedToyota; April 16th, 2008 at 03:07 PM.
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Old April 16th, 2008, 03:58 PM
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Default Re: Question about gun laws and probation.

It's not parole I was never in prison its just probation.

The offense never mandated prison time it was a petty crime. Also I don't have a mandatory probation officer visits and what not.

Last edited by Dougie085; April 16th, 2008 at 04:03 PM.
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Old April 16th, 2008, 04:02 PM
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Default Re: Question about gun laws and probation.

Quote:
Originally Posted by Dougie085 View Post
It's not parole I was never in prison its just probation.
I understand that, however if the charge for which you are on probation could have been a term in prison more then (iirc) 2 years, then you may have problems.

Furthermore, I believe that you are barred from possessing ANY firearms while you are on probation.

Like I said, ask your lawyer to get a definite answer.
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Old April 16th, 2008, 04:06 PM
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Default Re: Question about gun laws and probation.

Yeah I will do that. I don't really have a lawyer but maybe I can call one and ask. Like I said it was a Petty crime and under no circumstances mandates prison time unless I violated it and didn't pay fines and what not and even that it would have to of been pretty extreme.
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Old April 16th, 2008, 04:11 PM
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Default Re: Question about gun laws and probation.

Quote:
Originally Posted by Dougie085 View Post
Yeah I will do that. I don't really have a lawyer but maybe I can call one and ask. Like I said it was a Petty crime and under no circumstances mandates prison time unless I violated it and didn't pay fines and what not and even that it would have to of been pretty extreme.
If there was no prison time as a possible sentence, the once you are off probation you should have no problems purchasing firearms.
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Old April 16th, 2008, 09:32 PM
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Default Re: Question about gun laws and probation.

Quote:
Originally Posted by Dougie085 View Post
Yeah I will do that. I don't really have a lawyer but maybe I can call one and ask. Like I said it was a Petty crime and under no circumstances mandates prison time unless I violated it and didn't pay fines and what not and even that it would have to of been pretty extreme.
Commonwealth of PA has no petty crimes like other states. It is Summary, Misdemeanor and Felony. All of them come with the potential of being incarcerated. I do not believe you can get put on probation for a Summary Offense. So, in all likelihood, it was a Misdemeanor Offense.

To the OP, what was the actual offense?

Be safe.

Last edited by Swarner793; April 16th, 2008 at 09:33 PM. Reason: misspelled
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Old April 16th, 2008, 11:33 PM
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Default Re: Question about gun laws and probation.

Well when it was sent to the magistery it said Petty Theft the other said Retail Theft. It was a misdemeanor thought I know that.
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Old April 16th, 2008, 11:45 PM
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Default Re: Question about gun laws and probation.

Reposted from another thread with the same question...




The short answer will inevitably be no, you cannot have firearms, let alone carry them. Contact an attorney and/or your probation office to be sure.


18 Pa.C.S.A. 6105
Quote:
6105. Persons not to possess, use, manufacture, control, sell or transfer firearms

...

(g) Other restrictions.--Nothing in this section shall exempt a person from a disability in relation to the possession or control of a firearm which is imposed as a condition of probation or parole or which is imposed pursuant to the provision of any law other than this section.


(h) License prohibition.--Any person who is prohibited from possessing, using, controlling, selling, purchasing, transferring or manufacturing any firearm under this section shall not be eligible for or permitted to obtain a license to carry a firearm under section 6109 (relating to licenses)


Quote:
42 Pa.C.S.A. 9754

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)

Part VIII. Criminal Proceedings (Refs & Annos)

Chapter 97. Sentencing (Refs & Annos)

Subchapter E. Imposition of Sentence (Refs & Annos)

>> 9754. Order of probation



(a) General rule.--In imposing an order of probation the court shall specify at the time of sentencing the length of any term during which the defendant is to be supervised, which term may not exceed the maximum term for which the defendant could be confined, and the authority that shall conduct the supervision.


(b) Conditions generally.--The court shall attach such of the reasonable conditions authorized by subsection (c) of this section as it deems necessary to insure or assist the defendant in leading a law-abiding life.


(c) Specific conditions.--The court may as a condition of its order require the defendant:

(1) To meet his family responsibilities.

(2) To devote himself to a specific occupation or employment.

(2.1) To participate in a public or nonprofit community service program unless the defendant was convicted of murder, rape, aggravated assault, arson, theft by extortion, terroristic threats, robbery or kidnapping.

(3) To undergo available medical or psychiatric treatment and to enter and remain in a specified institution, when required for that purpose.

(4) To pursue a prescribed secular course of study or vocational training.

(5) To attend or reside in a facility established for the instruction, recreation, or residence of persons on probation.

(6) To refrain from frequenting unlawful or disreputable places or consorting with disreputable persons.

(7) To have in his possession no firearm or other dangerous weapon unless granted written permission.

(8) To make restitution of the fruits of his crime or to make reparations, in an amount he can afford to pay, for the loss or damage caused thereby.

(9) To remain within the jurisdiction of the court and to notify the court or the probation officer of any change in his address or his employment.

(10) To report as directed to the court or the probation officer and to permit the probation officer to visit his home.

(11) To pay such fine as has been imposed.

(12) To participate in drug or alcohol treatment programs.

(13) To satisfy any other conditions reasonably related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience.

(14) To remain within the premises of his residence during the hours designated by the court.


(d) Sentence following violation of probation.--The sentence to be imposed in the event of the violation of a condition shall not be fixed prior to a finding on the record that a violation has occurred.
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