Pennsylvania Firearm Owners Association
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  1. #1
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    (Bucks County)
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    Default new poster long time lurker question

    hello there, im sorry if i have never introduced myself here but i have been reading for a long time and finally got up the cajones to ask a personal and possibly embarrassing question upon the more law friendly folks here.

    i am almost 22 and wish to purchase my own handgun, the problem is when i was 18 an ex gf of mine who wasnt right in the head decided to call the cops on me for "harrasement" (since then i've started recording everything in or out of any instant messaging systems or phone calls just to be safe from an accusation like that again) i never did anything of the sort in fact she contacted me but thats beside the point i couldnt prove it and it would be my word against hers.

    i was never convicted of anything the policeman said he'd give me a warning and said if they wanted they could establish a PFA against me, but ive never gotten anything regarding it. im paranoid if i go to purchase a firearm this will show up and thus i havent, do i have anything i have to worry about? should i not bother trying to purchase one? this question has been bugging me since it happened.

    growing up in a pro 2A family and having been shooting since i was a small child this is somewhat of an important thing to me and i have been fearful of trying to buy a firearm (handgun specifically for ccw) for the embarrasement of getting denied. if anyone has anything to tell me whether i have nothing to worry about or not i would sincerely appreciate it. thank you and God bless
    Last edited by vinja; April 14th, 2011 at 01:30 AM.

  2. #2
    Join Date
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    New Smithville, Pennsylvania
    (Lehigh County)
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    Default Re: new poster long time lurker question

    AFAIK and IANAL, harassment is a summary offense and would not make you a prohibited person even if you were convicted. Currently an active PFA is a prohibiter but when it becomes inactive you are good to go.

    Google is my friend so I will correct myself before the Nazis get here.

    http://katzjustice.com/Penn.pdf

    http://law.onecle.com/pennsylvania/c...1.006.000.html

    If it is charged as a third degree misdemeanor then you could get a year in prison and you would be prohibited.
    Last edited by 1iarrowking; April 14th, 2011 at 02:15 AM.
    The older I get, the better I used to be.

  3. #3
    Join Date
    Dec 2009
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    Allentown, Pennsylvania
    (Lehigh County)
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    Default Re: new poster long time lurker question

    Quote Originally Posted by vinja View Post
    (since then i've started recording everything in or out of any instant messaging systems or phone calls just to be safe from an accusation like that again)
    Sounds like you could easily be committing a felony; do you notify everyone who talks to you that you're recording?

  4. #4
    Join Date
    Dec 2008
    Location
    Windsor Twsp., Pennsylvania
    (York County)
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    Default Re: new poster long time lurker question

    Quote Originally Posted by vinja View Post
    hello there, im sorry if i have never introduced myself here but i have been reading for a long time and finally got up the cajones to ask a personal and possibly embarrassing question upon the more law friendly folks here.

    i am almost 22 and wish to purchase my own handgun, the problem is when i was 18 an ex gf of mine who wasnt right in the head decided to call the cops on me for "harrasement" (since then i've started recording everything in or out of any instant messaging systems or phone calls just to be safe from an accusation like that again) i never did anything of the sort in fact she contacted me but thats beside the point i couldnt prove it and it would be my word against hers.

    i was never convicted of anything the policeman said he'd give me a warning and said if they wanted they could establish a PFA against me, but ive never gotten anything regarding it. im paranoid if i go to purchase a firearm this will show up and thus i havent, do i have anything i have to worry about? should i not bother trying to purchase one? this question has been bugging me since it happened.

    growing up in a pro 2A family and having been shooting since i was a small child this is somewhat of an important thing to me and i have been fearful of trying to buy a firearm (handgun specifically for ccw) for the embarrasement of getting denied. if anyone has anything to tell me whether i have nothing to worry about or not i would sincerely appreciate it. thank you and God bless


    Based on what you have written here, you have nothing to worry about.

    A 'stern talking to' by a cop does not go on your record, and would not be prohibitive even if it did. Being threatened with the possibility of a PFA if you don't straighten up and fly right is not prohibitive.

    Being threatened with a charge of harassment is not prohibitive.
    Even being charged with harassment is not prohibitive.
    A conviction for harassment would only be prohibitive if the maximum possible sentence is more than 1 year.

    Take seriously the warning in IronSight's post about any recording you are doing.

    Go buy a pistol. Get your LTCF while you're at it. Welcome to PAFOA.
    Wow... over 3 years of lurking.
    .
    While many claim to support the right, precious few support the practice.

  5. #5
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    Dec 2008
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    Chester County, Pennsylvania
    (Chester County)
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    Default Re: new poster long time lurker question

    State misdemeanors are only prohibiting if the max possible sentence is more than 2 years or if it fits the federal definition of a domestic violence offense. Also, the warnings already given in this thread about recording should be heeded.

  6. #6
    Join Date
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    New Smithville, Pennsylvania
    (Lehigh County)
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    Default Re: new poster long time lurker question

    Quote Originally Posted by Deadpan View Post
    State misdemeanors are only prohibiting if the max possible sentence is more than 2 years or if it fits the federal definition of a domestic violence offense. Also, the warnings already given in this thread about recording should be heeded.
    Where did you find that piece of misinformation?

    http://reference.pafoa.org/statutes/...6109/licenses/

    (viii) An individual who is charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year except as provided for in section 6123 (relating to waiver of disability or pardons).
    The older I get, the better I used to be.

  7. #7
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    Dec 2006
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    Bucks, Pennsylvania
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    Default Re: new poster long time lurker question

    Quote Originally Posted by 1iarrowking View Post
    Where did you find that piece of misinformation?

    http://reference.pafoa.org/statutes/...6109/licenses/

    (viii) An individual who is charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year except as provided for in section 6123 (relating to waiver of disability or pardons).
    I expect, since he was correct, that he read the definitions section of the UFA:

    "Crime punishable by imprisonment exceeding one year."

    The term does not include any of the following:

    (1) Federal or State offenses pertaining to antitrust, unfair trade practices, restraints on trade or regulation of business.
    (2) State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  8. #8
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    Levittown, Pennsylvania
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    Default Re: new poster long time lurker question

    thank you all, this has been a monkey on my back for the past almost 4 years. so bottom line is i am good to go then? that is a wonderful thing to hear!

    and ironsight ive deleted all my records i had no idea i wasnt allowed, i figured that was the only way i could protect myself against such accusations in the future.

  9. #9
    Join Date
    Feb 2008
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    New Smithville, Pennsylvania
    (Lehigh County)
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    Default Re: new poster long time lurker question

    Quote Originally Posted by GunLawyer001 View Post
    I expect, since he was correct, that he read the definitions section of the UFA:

    "Crime punishable by imprisonment exceeding one year."

    The term does not include any of the following:

    (1) Federal or State offenses pertaining to antitrust, unfair trade practices, restraints on trade or regulation of business.
    (2) State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years.
    Then I guess I owe deadpan an apology. You obviously have to be a lawyer to understand this double talk. Misdemeanors punishable by a term of imprisonment not to exceed two years is not a crime punishable by imprisonment exceeding one year. Wow!
    The older I get, the better I used to be.

  10. #10
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    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: new poster long time lurker question

    Quote Originally Posted by 1iarrowking View Post
    Then I guess I owe deadpan an apology. You obviously have to be a lawyer to understand this double talk. Misdemeanors punishable by a term of imprisonment not to exceed two years is not a crime punishable by imprisonment exceeding one year. Wow!
    The requirements for a LTCF are more stringent than those to purchase a firearm.

    It's not double talk, it's the requirements for two different things.

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