Legal Advice regarding 18 Pa §2705

[LesSr79]

Thx again!!! you can close this!

[gnbrotz]

http://forum.pafoa.org/general-2/383...-firearms.html

[knight0334]

18 Pa.C.S.A. § 2706

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 B. Offenses Involving Danger to the Person (Refs & Annos)
Chapter 27. Assault (Refs & Annos)
Current Section§ 2706. Terroristic threats


(a) Offense defined.--A person commits the crime of terroristic threats if the person communicates, either directly or indirectly, a threat to:

(1) commit any crime of violence with intent to terrorize another;
(2) cause evacuation of a building, place of assembly or facility of public transportation; or
(3) otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience.

(b) Restitution.--A person convicted of violating this section shall, in addition to any other sentence imposed or restitution ordered under 42 Pa.C.S. § 9721(c) (relating to sentencing generally), be sentenced to pay restitution in an amount equal to the cost of the evacuation, including, but not limited to, fire and police response; emergency medical service or emergency preparedness response; and transportation of an individual from the building, place of assembly or facility.


(c) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to recover from the offender as otherwise provided by law, provided that any civil award shall be reduced by the amount paid under the criminal judgment.


(d) Grading.--An offense under subsection (a) constitutes a misdemeanor of the first degree unless the threat causes the occupants of the building, place of assembly or facility of public transportation to be diverted from their normal or customary operations, in which case the offense constitutes a felony of the third degree.


(e) Definition.--As used in this section, the term "communicates" means, conveys in person or by written or electronic means, including telephone, electronic mail, Internet, facsimile, telex and similar transmissions.

You're prohibited under federal law, nationwide. 2706 is a 1st degree misdemeanor, which you could have received up to 5 years. Any misdemeanor over 2 years is prohibiting.

Your only recourse is getting a pardon from the governor, and then getting the conviction expunged.

[joec]

Sorry to be thick-headed... I am not clear on the replies to this thread and am curious. I have searched the forums and I'm not finding enough to give me a clear answer.

If I was convicted of reckless endangerment Pa 18 § 2705 which I interpret as a misdemeanor 2 - would that prevent me from purchasing and/or owning a shotgun in Pennsylvania?

My impression of what I am finding is that I may have a chance of ownership but I'm hung up on the verbiage:
*Any conviction on a Misdemeanor 1 or higher (per US Title 18, §922(g)(1)). The noted statute prohibits possession by anyone convicted of "a crime punishable by imprisonment for a term exceeding one year"
and
but §921 clarifies that this does not include "any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices" or "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Potential avenues of relief from this disability are contained in US Title 18, §925.

So, my understanding is that 18 § 2705 carries a sentence of 1 to 2 years and when I read what I've quoted above - I'm confused... Would I be able to purchase a firearm such as a shotgun?

Any further clarification would be greatly appreciated.

Thanks!

[knight0334]

joec,

You are not prohibited after receiving a 18 Pa.C.S.A. § 2705 conviction. As you pointed out, its sentence is a state misdemeanor that doesn't exceed 2 years. Nor is §2705 listed individually in §6105.

You would be able to purchase a rifle or shotgun if 18yo, and also purchase a handgun and receive a LTCF if 21yo.

However, be prepared to appeal a denial during the PICS. So long as you dont have any other prohibiting offenses, your denial will get reversed.

[joec]

Thanks for the reply knight0334 and Happy belated Thanksgiving.

Perhaps I should start reading & searching for info regarding the appeal process of PICS denials. Other than doing something stupid more than 20 years ago I have had no other offenses.

Again, many thanks.

[knight0334]

Thanks for the reply knight0334 and Happy belated Thanksgiving.

Perhaps I should start reading & searching for info regarding the appeal process of PICS denials. Other than doing something stupid more than 20 years ago I have had no other offenses.

Again, many thanks.

Dont consume yourself with the appeals process.. It is easy. Should you be denied, the dealer will give you a form to fill out. You should put down all relevant info that you know pertain to why you would be denied, like the charge(s), the deposition, etc. You only have 20 or 30 days to appeal, so dont waste time if you do get denied, and if you have questions upon a denial - come back to this site, we will be glad to give you advice.

[bob2055]

It it's an M2 you should pass the PICS check. I have an M2 for DUI and bought a pistol the other day. Passed the PICS check no problem.