Pennsylvania Firearm Owners Association

Go Back   Pennsylvania Firearm Owners Association Discussion Forum > Discussion > General

General General firearm-related talk that does not fit into any of the other forums.

Reply
 
Thread Tools Display Modes
  #1 (permalink)  
Old June 15th, 2008
Junior Member
 
Join Date: Jun 2008
Location:
Punxsutawney, Pennsylvania
(Jefferson County)
Posts: 5
Rep Power: 0
jamkit is on a distinguished road
Default Need help - Misdemeanor denial

Presently 44 Yrs. old. When I was eighteen, I stupidly was invloved into recieving stolen property. The value was $600.00. I paid restitution and served 2 yrs. probation. Now at 44 and never any further arrests , etc.

I have purchased approx. 30 firearms and pistols over the years over the counter legally. A couple years ago, I tried to buy another and was denied.
Apparently, because my infraction was a Pa. Misdemeanor 2 - punishable up to two years, I was now prohibited from buying. Even though I previously legally bought 30 + firearms and had a concealed carry permit from 94-98. I was told this was because of the Brady bill. Before the Brady, I was not prohibited I guess??

Can someone please tell me how this is not some messed up double jeopardy scenario? How can I legally buy and posses for years then suddenly be prohibited?
What am I supposed to do with the weapons I already own?

I work in the health field and have two state licenses to practice my specialty in medicine.

Any information would be greatly appreciated. Thank you

Last edited by jamkit; June 15th, 2008 at 09:42 PM. Reason: spelling
Reply With Quote

Thanks for visiting our forum! If you ever plan to return you should consider quickly registering for a forum account, especially if you're in Pennsylvania. It's simple to do and best of all free. Once registered you'll be able to participate in our discussions and keep up to date on issues important to Pennsylvania firearm owners!

  #2 (permalink)  
Old June 16th, 2008
Grand Member
PAFOA Platinum Supporter
 
Join Date: Oct 2006
Location:
Around, Pennsylvania
(York County)
Posts: 1,470
Rep Power: 74
RoyJackson has a reputation beyond reputeRoyJackson has a reputation beyond reputeRoyJackson has a reputation beyond reputeRoyJackson has a reputation beyond reputeRoyJackson has a reputation beyond reputeRoyJackson has a reputation beyond reputeRoyJackson has a reputation beyond reputeRoyJackson has a reputation beyond reputeRoyJackson has a reputation beyond reputeRoyJackson has a reputation beyond reputeRoyJackson has a reputation beyond repute
Default Re: Need help - Misdemeanor denial

Get a lawyer
Reply With Quote
  #3 (permalink)  
Old June 16th, 2008
Skuggi's Avatar
Grand Member
 
Join Date: Apr 2007
Location:
McKees Rocks, Pennsylvania
(Allegheny County)
Posts: 1,059
Rep Power: 10
Skuggi is a splendid one to beholdSkuggi is a splendid one to beholdSkuggi is a splendid one to beholdSkuggi is a splendid one to beholdSkuggi is a splendid one to beholdSkuggi is a splendid one to behold
Send a message via AIM to Skuggi Send a message via MSN to Skuggi Send a message via Yahoo to Skuggi
Default Re: Need help - Misdemeanor denial

I'd get a lawyer, might have to petition to have the listed item expunged.
__________________
Reply With Quote
  #4 (permalink)  
Old June 16th, 2008
bug bug is offline
Member
 
Join Date: May 2007
Location:
Broomall, Pennsylvania
(Delaware County)
Posts: 88
Rep Power: 3
bug is on a distinguished road
Default Re: Need help - Misdemeanor denial

Quote:
Originally Posted by jamkit View Post
Presently 44 Yrs. old. When I was eighteen, I stupidly was invloved into recieving stolen property. The value was $600.00. I paid restitution and served 2 yrs. probation. Now at 44 and never any further arrests , etc.

I have purchased approx. 30 firearms and pistols over the years over the counter legally. A couple years ago, I tried to buy another and was denied.
Apparently, because my infraction was a Pa. Misdemeanor 2 - punishable up to two years, I was now prohibited from buying. Even though I previously legally bought 30 + firearms and had a concealed carry permit from 94-98. I was told this was because of the Brady bill. Before the Brady, I was not prohibited I guess??

Can someone please tell me how this is not some messed up double jeopardy scenario? How can I legally buy and posses for years then suddenly be prohibited?
What am I supposed to do with the weapons I already own?

I work in the health field and have two state licenses to practice my specialty in medicine.

Any information would be greatly appreciated. Thank you
#1 I am not a lawyer but YOU need one.

#2 I believe you were/are federally prohibited since 1968

#3 Probably none of your firearms are legally owned. They are a great liability
to you now. You need to get them out of your posession (ammo too) as
soon as possible.

#4 You sound like a candidate for Gov Pardon/Expungement.

#5 Good luck.
Reply With Quote
  #5 (permalink)  
Old June 16th, 2008
pex pex is offline
Grand Member
 
Join Date: Feb 2008
Location:
Lolton, Pennsylvania
Posts: 1,293
Rep Power: 19
pex has a brilliant futurepex has a brilliant futurepex has a brilliant futurepex has a brilliant futurepex has a brilliant futurepex has a brilliant futurepex has a brilliant futurepex has a brilliant futurepex has a brilliant futurepex has a brilliant futurepex has a brilliant future
Default Re: Need help - Misdemeanor denial

I checked 1PACS106 (Classes of Offenses), 18PACS3903(Grading of Theft Offenses), and 18PACS3925(Receiving Stolen Property) to see if there were changes between approximately 1980 and now. Based on Purdon's Statutes at WestLaw, it looks your offense has always been a misdemeanor of the first degree, with a maximum jail term of five years.
Reply With Quote
  #6 (permalink)  
Old June 16th, 2008
Turbinesaint's Avatar
Member
 
Join Date: Feb 2007
Location:
Erie, Pennsylvania
(Erie County)
Posts: 92
Rep Power: 3
Turbinesaint will become famous soon enough
Default Re: Need help - Misdemeanor denial

Find the proper documents and get that thing expunged. It's just a matter of filling out the paperwork and going to court to have the plea reversed. I did that about 10 years ago and I have no problems. Your county courthouse website should have a link to the expungement documents.
__________________
When the government has a knife at your throat and a hand on your wallet, it matters not whether it is the left or the right hand.
Reply With Quote
  #7 (permalink)  
Old June 16th, 2008
Bradco's Avatar
Junior Member
 
Join Date: Apr 2008
Location:
West Haven, Connecticut
Age: 49
Posts: 26
Rep Power: 0
Bradco is on a distinguished road
Default Re: Need help - Misdemeanor denial

I agree I had to do the Same in my State, Lawyer, and Governors Pardon, mostly did it for working urposes, but helped with me attaining my rights to bear arms as well, meanwhile, you can go to your local FFL and transfer them to me until things are fixed :-)
Reply With Quote
  #8 (permalink)  
Old June 16th, 2008
bug bug is offline
Member
 
Join Date: May 2007
Location:
Broomall, Pennsylvania
(Delaware County)
Posts: 88
Rep Power: 3
bug is on a distinguished road
Default Re: Need help - Misdemeanor denial

Quote:
Originally Posted by Turbinesaint View Post
Find the proper documents and get that thing expunged. It's just a matter of filling out the paperwork and going to court to have the plea reversed. I did that about 10 years ago and I have no problems. Your county courthouse website should have a link to the expungement documents.

I'm afraid it's not as simple as that for an offense that had a 5 yr max. I am of the opinion that you can not get an expungement order for such a thing unless you have a Gov pardon. That process will take a couple of years to complete. I say again, get the guns out of your posession and get with a lawyer. Preferably one with firearms law experience.

Bob D
Reply With Quote
  #9 (permalink)  
Old June 16th, 2008
Senior Member
 
Join Date: Apr 2008
Location:
Philippi, West Virginia
Posts: 455
Rep Power: 10
WVBob is a splendid one to beholdWVBob is a splendid one to beholdWVBob is a splendid one to beholdWVBob is a splendid one to beholdWVBob is a splendid one to beholdWVBob is a splendid one to beholdWVBob is a splendid one to behold
Default Re: Need help - Misdemeanor denial

The kicker is to find out what the final charge was not what you were charged with. Get a lawyer.
Reply With Quote
  #10 (permalink)  
Old June 16th, 2008
Junior Member
 
Join Date: Jun 2008
Location:
Punxsutawney, Pennsylvania
(Jefferson County)
Posts: 5
Rep Power: 0
jamkit is on a distinguished road
Default Re: Need help - Misdemeanor denial

Thanks to everyone who gave advice!!

I did check with a lawyer in 1992 and it was a misdemeanor 2. Punishable by up to two years. I really hate to wait two years for an expungement - if they would even consider me but I guess the process has to start somewhere.

The things a punk kid of eighteen will do not realizing the long term ramifications!!
Reply With Quote
Reply

Bookmarks


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off

Similar Threads
Thread Thread Starter Forum Replies Last Post
pass pics with misdemeanor? captdoobij Concealed & Open Carry 32 April 18th, 2009 01:49 AM
Denial for LTC overturned michael v. 1977 Concealed & Open Carry 71 September 22nd, 2008 02:22 AM
PA PICS denial MAXIMUMPOWDER General 15 April 21st, 2008 09:48 AM
dui and misdemeanor drug charge double-oh-7 General 21 March 29th, 2008 08:01 AM
misdemeanor Qtrborecrazy General 11 March 17th, 2008 06:28 AM


All times are GMT -5. The time now is 03:27 PM.


Powered by vBulletin® Version 3.7.3
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.2.0 ©2008, Crawlability, Inc.
Marketing Services provided by MergeMedia.