Re: Need Help: Brady Law Specifics
Originally Posted by crystal74
I live in Lebanon County, PA. I was a gun owner and had a license to conceal carry. I was arrested a while back and originally charged with Terroristic Threats which is a Misdemeanor 1, Simple Assault which is a Misdemeanor 2, and Reckless Endangering Another Person which is a Misdemeanor 2. I received a plea bargain which I plead guilty to. The plea bargain was the original charge of Terroristic Threats were dropped, the Simple Assault was ammended to Disorderly Conduct and the Reckless Endangering was ammended to Harrassment. Seeing as this was my first time in trouble I received one year probation and lots of fines and costs. I did receive one probation violation and spent 2 1/2 months in jail. However, I finished my probation with no other incidents and haven't been in trouble since. Now when I was in the midst of accepting my plea bargain my attorney said that I would be able to own a gun after my probation was over and would be able to keep my conceal carry permit. However, the judge himself never outright said this during the court hearing. I've done some research on the Brady Law and it states that those who have been charged with certain misdemeanors under domestic violence are not permitted to buy or own a gun. However, I can't find a list of these certain misdemeanors. Therefore I don't know if I'm eligible to buy or own a gun. Can anyone help me understand these very confusing laws?
Any domestic violence misdemeanor is prohibiting. Disorderly Conduct and Harassment are not specifically domestic violence charges.
Do you have a copy of the disposition of your proceedings? They should say the exact charges in which you were convicted of. If they match the DC and Harass. charges you should be okay. We would need the Chapter and Subsection of the violations you were convicted of, we know the Title is 18 for Crimes. Example of which would be like this:
CHAPTER 55 § 5503 for Disorderly Conduct
which is the following.
Chapter 27 § 2709. Harassment
18 Pa.C.S.A. § 5503
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses
Article F. Offenses Against Public Order and Decency
Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs & Annos)
Current Section§ 5503. Disorderly conduct
(a) Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
(1) engages in fighting or threatening, or in violent or tumultuous behavior;
(2) makes unreasonable noise;
(3) uses obscene language, or makes an obscene gesture; or
(4) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.
(b) Grading.--An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense.
(c) Definition.--As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.
is the following.
§ 2709. Harassment
(a) Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm another, the person:
(1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;
(2) follows the other person in or about a public place or places;
(3) engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose;
(4) communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;
(5) communicates repeatedly in an anonymous manner;
(6) communicates repeatedly at extremely inconvenient hours; or
(7) communicates repeatedly in a manner other than specified in paragraphs (4), (5) and (6).
(b) Deleted by 2002, Dec. 9, P.L. 1759, No. 218, § 1, effective in 60 days.
(1) An offense committed under this section may be deemed to have been committed at either the place at which the communication or communications were made or at the place where the communication or communications were received.
(2) Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.
(1) An offense under subsection (a)(1), (2) or (3) shall constitute a summary offense.
(2) (i) An offense under subsection (a)(4), (5), (6) or (7) shall constitute a misdemeanor of the third degree.
(d) False reports.--A person who knowingly gives false information to any law enforcement officer with the intent to implicate another under this section commits an offense under section 4906 (relating to false reports to law enforcement authorities).
(e) Application of section.--This section shall not apply to conduct by a party to a labor dispute as defined in the act of June 2, 1937 (P.L. 1198, No. 308), [FN1] known as the Labor Anti-Injunction Act, or to any constitutionally protected activity.
(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Communicates." Conveys a message without intent of legitimate communication or address by oral, nonverbal, written or electronic means, including telephone, electronic mail, Internet, facsimile, telex, wireless communication or similar transmission.
"Course of conduct." A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.
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Last edited by knight0334; January 17th, 2011 at 03:43 PM.