Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Feb 2011
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    pittsburgh, Pennsylvania
    (Allegheny County)
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    Default simple assault m2

    I am interested in buying a handgun and have a simple assault misdemeanor 2 charge on my record from 15yrs ago and have the following questions,
    1 Does this prevent me from owning a handgun?
    2 If so,can it be appealed or will having it expunged help?

    Any help in this matter will be appreciated

    thank you
    J

  2. #2
    Join Date
    Mar 2009
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    ?, Pennsylvania
    (Berks County)
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    Default Re: simple assault m2

    I'm not positive, but check this thread out:

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

  3. #3
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    Nov 2009
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    Harrisburg, Pennsylvania
    (Dauphin County)
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    Default Re: simple assault m2

    Quote Originally Posted by axeslinger_72 View Post
    I am interested in buying a handgun and have a simple assault misdemeanor 2 charge on my record from 15yrs ago and have the following questions,
    1 Does this prevent me from owning a handgun?
    2 If so,can it be appealed or will having it expunged help?
    1. Doubtfully. See http://forum.pafoa.org/pennsylvania-...ml#post1436650. Assuming your case was in Pennsylvania, please look up your docket at http://ujsportal.pacourts.us/DocketSheets/CP.aspx and verify the grading. Also confirm whether you were convicted, which your statement of "have a simple assault misdemeanor 2 charge" does not make clear.
    2. What do you think there is to appeal? Also, if you were convicted, there is no opportunity for expungment. If you weren't convicted then having been charged with the crime is not under consideration for the prohibition.

  4. #4
    Join Date
    Mar 2015
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    Lower Gwynedd, Pennsylvania
    (Montgomery County)
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    Default Re: simple assault m2

    Anyone in this situation needs to talk with a lawyer. If you think you're right but miss a detail the State Police will arrest you for a felony. It's too serious to take a chance. There are some loopholes and confusing wording in the statutes (punishable by more than one year is actually defined as punishable by more than two years - incredibly confusing) and now there is a new possibility of a federal expungement, which was not available before. Also, you can't just check state law as federal law also applies and they are different. Many people read the state law, see that their charge is not listed, and think they are eligible, only to be arrested for violating federal prohibitions on possession of firearms.
    Last edited by Elkhntr; August 5th, 2018 at 09:46 AM. Reason: Walleye's complaint that this was an ad

  5. #5
    Join Date
    Oct 2012
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    Douglassville, Pennsylvania
    (Berks County)
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    Default Re: simple assault m2

    This thread is over 11 years old, is this an ad for Fairlie & Lippy, or what?
    If at first you don't succeed try a different angle.

  6. #6
    Join Date
    Oct 2011
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    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: simple assault m2

    Quote Originally Posted by Walleye Hunter View Post
    This thread is over 11 years old, is this an ad for Fairlie & Lippy, or what?
    New Math

  7. #7
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    Default Re: simple assault m2

    Quote Originally Posted by PaleDriver View Post
    New Math
    OOOppps, seven years.
    If at first you don't succeed try a different angle.

  8. #8
    Join Date
    Dec 2010
    Location
    Erie, Pennsylvania
    (Erie County)
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    Default Re: simple assault m2

    Quote Originally Posted by PaleDriver View Post
    New Math


    Walleye must still be getting the hang of it.
    Quote Originally Posted by cdi View Post
    A drop leg holster? A big clue indicating an Operator operating operationally, of course.

  9. #9
    Join Date
    Mar 2015
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    Lower Gwynedd, Pennsylvania
    (Montgomery County)
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    Default Re: simple assault m2

    The problem with helping people in these forums is you will always get potshot by a guy like Walleye. It's why I'm now checking out of PAFOA. He won't have to worry about any more "ads" that offer quality legal advice for free. Actually, in the market for a used Benelli M2 21", I searched the site for M2 and the post was one of the top couple posts. I saw the topic. We see tons of people who get arrested for applying for a firearm without understanding whether they qualify or not. I only know of a few lawyers across the state who actually understand who can lawfully purchase a firearm and who can't. If you read the statute, most people would see the statement that someone convicted of a crime punishable by more than one year in jail can't purchase a firearm and stop there, not realizing that is a term of art defined as by more than two years. Ridiculous. And beyond the comprehension of the average guy. Further, someone convicted of a lesser crime might still be prohibited from possessing for a myriad of other reasons, including a civil commitment, minor domestic violence conviction, or other obscure reason that would be difficult for any layman to figure out. And if you make a mistake, you get arrested for a felony. My post was designed to help people figure this stuff out. But the reason it wasn't comprehensive is because it's too hard for a layman to figure it out. Further, the law can change at any time and I might not remember to update the post. So the only safe way to deal with this is to call a lawyer. I've had plenty of clients who became my clients because they went to the lawyer down the street who writes wills or does real estate, and that lawyer provided advice on this topic. Not good. So I would rather have people call me. I'd rather not see more people get arrested for misinterpretations of a confusing law. A public service message, kind of like when I tell people that even though marijuana is legally smoked in many jurisdictions, if you do that you risk getting a DUI as driving with any amount of marijuana byproducts in your system is DUI in PA, the byproducts last 10-30 days depending on which expert you ask, and then if the government finds out you smoked marijuana, even lawfully, they can revoke you permit to carry and ban you from purchasing new firearms. At any rate, I'm deleting the reference to our name and phone number from my earlier post and if anyone wanted to call you have Walleye to thank. If you'd rather not see this sort of advice on PAFOA you have Walleye to thank.

  10. #10
    Join Date
    Aug 2014
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: simple assault m2

    Quote Originally Posted by Elkhntr View Post
    The problem with helping people in these forums is you will always get potshot by a guy like Walleye. It's why I'm now checking out of PAFOA. He won't have to worry about any more "ads" that offer quality legal advice for free. Actually, in the market for a used Benelli M2 21", I searched the site for M2 and the post was one of the top couple posts. I saw the topic. We see tons of people who get arrested for applying for a firearm without understanding whether they qualify or not. I only know of a few lawyers across the state who actually understand who can lawfully purchase a firearm and who can't. If you read the statute, most people would see the statement that someone convicted of a crime punishable by more than one year in jail can't purchase a firearm and stop there, not realizing that is a term of art defined as by more than two years. Ridiculous. And beyond the comprehension of the average guy. Further, someone convicted of a lesser crime might still be prohibited from possessing for a myriad of other reasons, including a civil commitment, minor domestic violence conviction, or other obscure reason that would be difficult for any layman to figure out. And if you make a mistake, you get arrested for a felony. My post was designed to help people figure this stuff out. But the reason it wasn't comprehensive is because it's too hard for a layman to figure it out. Further, the law can change at any time and I might not remember to update the post. So the only safe way to deal with this is to call a lawyer. I've had plenty of clients who became my clients because they went to the lawyer down the street who writes wills or does real estate, and that lawyer provided advice on this topic. Not good. So I would rather have people call me. I'd rather not see more people get arrested for misinterpretations of a confusing law. A public service message, kind of like when I tell people that even though marijuana is legally smoked in many jurisdictions, if you do that you risk getting a DUI as driving with any amount of marijuana byproducts in your system is DUI in PA, the byproducts last 10-30 days depending on which expert you ask, and then if the government finds out you smoked marijuana, even lawfully, they can revoke you permit to carry and ban you from purchasing new firearms. At any rate, I'm deleting the reference to our name and phone number from my earlier post and if anyone wanted to call you have Walleye to thank. If you'd rather not see this sort of advice on PAFOA you have Walleye to thank.
    TLDR yes it was an ad.

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