Can I buy any type of gun with an expunged record?

[RobW]

GL's responses are the reason for my reply above. Not trying to be a corn-flake-pisser-inner just pointing out that asking other people to tell you everything is ok is about the worst possible idea - especially when you already have a pretty good notion that you may in fact be prohibited.

[1713]

I am 22. I was interested in buying a shotgun for home protection. When I was 12 I was adjudicated as a delinquent in the state of Pennsylvania. I do not wish wish to name the charge for privacy reasons. I was never "Convicted" of a felony but was instead adjudicated as a minor. I am pretty sure that my records were sealed at 18. To this day, when I fill out any type of application, I was always told to not check the box that asks if i was convicted as a felony. I recently got a job at walmart as a part time job during these college days, and I got the job. I know that they did a background check. And since i got the job, im pretty sure it came up clean.

Should I be clear to buy a firearm in the state of Pa? I dont want to talk to a lawyer or look through legal doc's. i would much rather have a clear and simple answer.

If you could answer this, it would really make me happy

Uh, if you were adjudicated delinquent then you were convicted. I'm no expect on juvenile stuff, or much else for that matter, but it may be time for you to look at the enumerated offenses subsection in the Persons not to Posess section of the UFA.

[marinville]

It seems to me that you got your answer a couple of pages ago when deadpan posted this:

§ 6105: Persons not to possess, use, manufacture, control, sell or transfer firearms

(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.

<snip>

(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.

<snip>

(c) Other persons.--In addition to any person who has been convicted of any offense listed under subsection (b), the following persons shall be subject to the prohibition of subsection (a):

(7) A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense under sections 2502, 2503, 2702, 2703 (relating to assault by prisoner), 2704, 2901, 3121, 3123, 3301, 3502, 3701 and 3923.

(8) A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense enumerated in subsection (b) with the exception of those crimes set forth in paragraph (7). This prohibition shall terminate 15 years after the last applicable delinquent adjudication or upon the person reaching the age of 30, whichever is earlier.

I don't see any gray area there.

If you were adjudicated delinquent for an offense found in section (b) (or under any equivalent Federal statute or statute of any other state) but not found in paragraph (7) then you're banned for fifteen years or until you are thirty (whichever comes first).

If you were adjudicated delinquent for one of the offenses in paragraph (7) (or under any equivalent Federal statute or statute of any other state), you are just banned.

So look at the above offenses, if yours is there you have your answer.

[leplat]

OP Two thing carry over from a Juvinile record. Shoplifting and murder.
So you should be just fine!

shoplifting doesnt carry over.

OP, my brother was convicted of quite a few things when he was a juvie including shoplifting. He did not tell the fed goverment when he applyed for his job. He got the job. Y? because its juvie and its sealed and gone.

If your told not to tell a job that you where convicted, then i doubt u will be prohibited.

but IANAL

[aveojohn]

GL's responses are the reason for my reply above. Not trying to be a corn-flake-pisser-inner just pointing out that asking other people to tell you everything is ok is about the worst possible idea - especially when you already have a pretty good notion that you may in fact be prohibited.

Maybe you should take the attitude he is looking for a little advice, instead of jumping down his throat.

[RobW]

I don't think so. Signal-to-noise is too low.

[deejmonster]

GL's responses are the reason for my reply above. Not trying to be a corn-flake-pisser-inner just pointing out that asking other people to tell you everything is ok is about the worst possible idea - especially when you already have a pretty good notion that you may in fact be prohibited.

I wasnt looking for everything to be ok. I was just trying to better understand my rights. If i found that I wasnt able to buy a gun until my record is expunged, then I am fine with that. I was just looking for legal interpretation of the law. I dont care if i can buy a gun now. I just needed some options and advice. I found the answer that I was looking for and I feel that i am going to pursue a legal option to get my record expunged, rather than wait near 7 years till im 30 when your record doesnt matter anymore as a minor.

[deejmonster]

shoplifting doesnt carry over.

OP, my brother was convicted of quite a few things when he was a juvie including shoplifting. He did not tell the fed goverment when he applyed for his job. He got the job. Y? because its juvie and its sealed and gone.

If your told not to tell a job that you where convicted, then i doubt u will be prohibited.

but IANAL

thanks for the advice. I think that I am going to pursue getting my charges expunged before I think about purchasing any firearm

[deejmonster]

It seems to me that you got your answer a couple of pages ago when deadpan posted this:



I don't see any gray area there.

If you were adjudicated delinquent for an offense found in section (b) (or under any equivalent Federal statute or statute of any other state) but not found in paragraph (7) then you're banned for fifteen years or until you are thirty (whichever comes first).

If you were adjudicated delinquent for one of the offenses in paragraph (7) (or under any equivalent Federal statute or statute of any other state), you are just banned.

So look at the above offenses, if yours is there you have your answer.

Yeah, someone else told me about the after age of 30 clause. I think that I am going to get my record expunged, talk to a legal adviser then, and if they feel that it still isnt appropriate to do this, i will wait till i am 30. No biggie.

[deejmonster]

It seems to me that you got your answer a couple of pages ago when deadpan posted this:



I don't see any gray area there.

If you were adjudicated delinquent for an offense found in section (b) (or under any equivalent Federal statute or statute of any other state) but not found in paragraph (7) then you're banned for fifteen years or until you are thirty (whichever comes first).

If you were adjudicated delinquent for one of the offenses in paragraph (7) (or under any equivalent Federal statute or statute of any other state), you are just banned.

So look at the above offenses, if yours is there you have your answer.

So.. I am back, and I must apologize for being so dumb a few years before. I just received news today that my case has officially been expunged. All I am waiting for is for it to be filed. I was arrested at the age of 12 for burglary. So technically my charges were filed under the "just banned" section. I have been told that my charges usually cannot be expunged, but I guess it was worked out that through good behavior as a teenager and without any violation what so ever... my charges could be expunged. With that said, does this change anything? (feel free to read the whole original post) but here is a quick summary..

I was charged at age 12 with burglary and other lesser charges, which most I think were dropped.

This charge carries more than a year in prison if convicted

I did like 6 weeks and probation in a juvenile detention center

I was adjudicated as a delinquent but never "convicted"

Since.. it has been 11 years since my last offense (i am 24 now)

The case has now been expunged.