Background check question

[danabanana9]

Htctxgcgcg

[str8shooter]

hi any help would be appreciated. we are in philadelphia pa

my husband had a felony (3502) punished by 90 days 13 years ago and a misdeamenor simple possession punishable by 30 days 10 years ago--will he be automatically rejected and if so can he appeal this and how?

is it against the law for him to be in the house with my legally purchased firearm?

thanks so much

Yes, he would be prohibited from possessing a firearm with a felony conviction. I highly doubt that there would be any chance of a successful appeal.

18 PA.C.S. § 6105 deals with persons who cannot possess, use, manufacture, control, sell, or transfer firearms. It must be noted that this section applies to convictions that were both committed within and outside of the Commonwealth of Pennsylvania. (18 PA.C.S. § 6105). These prohibitions are broken down into two categories: 1. those persons who violate one of the enumerated offenses....

The Enumerated Offenses are:

.
.
.
20. 18 PA.C.S. § 3502 (relating to burglary).

[danabanana9]

oh, i thought the 90 days ameliorated that--the federal guidelines say "Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less."

is it that the felony COULD have been punished by a year or more even though it wasn't? or is it simply ANY felony.

[Kratos]

I'm not a lawyer but it appears he would be prohibited.


(a) Offense defined.--
(1) A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.
(2)(i) A person who is prohibited from possessing, using, controlling, selling, transferring or manufacturing a firearm under paragraph (1) or subsection (b) or (c) shall have a reasonable period of time, not to exceed 60 days from the date of the imposition of the disability under this subsection, in which to sell or transfer that person's firearms to another eligible person who is not a member of the prohibited person's household.
(ii) This paragraph shall not apply to any person whose disability is imposed pursuant to subsection (c)(6).



(b) Enumerated offenses.--The following offenses shall apply to subsection (a):

(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 or structure).
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 4906 (relating to false reports to law enforcement authorities) if the fictitious report involved the theft of a firearm as provided in section 4906(c)(2).
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 , victim or party).
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.



For your reference
http://reference.pafoa.org/statutes/...sfer-firearms/

[danabanana9]

uch thanks. i guess you can permanently ruin your life at 19 without recourse. how just

[str8shooter]

The answer to the second half of your question isn't so black and white. Although you can legally purchase and own a gun, the burden of proof would be on you to prove that your husband does not have access to it.

i.e. a locked safe or room in which he does not have the combination or key. If it were determined that he did not have complete restricted access to the gun(s), he could be charged with felony possession of a weapon under U.S.C. § 922(g).

I've read several case studies, and haven't found any yet where the spouse (mother, grandfather and son) of the prohibited person was successful in convincing a judge that the prohibited person did not have access to the firearm.

Your best chances of keeping your guns and not losing your husband are to store them in the home of someone whom your husband does not visit.

IANAL

This is information based on internet searches, and only as accurate as the sources I found and read.

[str8shooter]

uch thanks. i guess you can permanently ruin your life at 19 without recourse. how just

Yes, but few 19 year olds realize it until it's too late.

However, I did just read that he can appeal 10 years after the felony conviction if he's had no other prohibitive convictions since then. Some on this forum might be able to provide more specific information, but your best bet is to discuss this with an attorney.

[Wiley-X]

oh, i thought the 90 days ameliorated that--the federal guidelines say "Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less."

is it that the felony COULD have been punished by a year or more even though it wasn't? or is it simply ANY felony.

Yes, the important part is that he could have gone to jail for more than a year. Actual sentence doesn't matter.

There's a reason that parents always tell kids that what you do now can really screw up your life. It goes far beyond not getting that scholarship to Harvard because you cut class in high school.

No matter what they say, this country really isn't big on second chances.

[ehidle]

No matter what they say, this country really isn't big on second chances.

Not on violent crimes like Burglary, no. 19 is old enough to know better, too.

[son of the revolution]

Not on violent crimes like Burglary, no. 19 is old enough to know better, too.

???? Uhhhh burglary isnt a " violent crime ". Robbery would be. Or at least thats how I've always understood it