M1 legal question

**BOOMSHAKER** · January 21st, 2008, 01:20 AM

Good Day folks,

First let me say you guys have a very informative site here. I just signed up, but have been reading for a while.

I was ashamed of asking these questions, but am taking GunRunners of Pa advice and asking openly.

My question is back in 1983 I pleaded guilty to criminal code cc6108 "carrying firearms in phila." I plead guilty. Never spent any jail time. Was my first offense and was placed on 3 years probation. That has since come and gone. I was given a midemeanor(M1) for this.

question 1 - can I still have a chance at purchasing a firearm legally(long gun-rifle) since it was so long ago and it is "NOT" a felony?

question 2- I want to hire a lawyer to get this expunged or pardoned, do you think I have a good chance?

thank you so much for your time my friends.

**jerkin** · January 21st, 2008, 01:32 AM

From what I know a first degree misdmeanor is punishable by a maximum of 5 years in prison so that would ban you from owning firearms. I was told by a court worker that you can not get a guilty plea expunged. You can however petition to get your firearms rights restored which shouldn't be a big deal if you haven't gotten into any trouble since.

I'm not a lawyer, these are just my thoughts on your issue. There are some really knowledgeble people on this forum that will be able to tell you for sure.

**Pa. Patriot** · January 21st, 2008, 01:35 AM

§6105.1. Restoration of firearm rights for offenses under
prior laws of this Commonwealth.

**BOOMSHAKER** · January 21st, 2008, 10:39 AM

Thank you for the replies folks. Does anyone on the board know of any Pa. Lawyers that specialize in restoration of firearm rights?

**GunLawyer001** · January 21st, 2008, 10:52 AM

You will need a pardon to get your rights restored. The cited section applies when you were convicted under an old statute, where being convicted today would not be prohibiting, but it used to be a higher grade offense; most often, this applies to 1960's-1970's "larceny" convictions for shoplifting, or any DUI prior to 1973. Shoplifting today is probably a summary offense or a low-grade misdemeanor, but it used to be punishable by more than 5 years.

In your case, unlicensed carry is still an M-1, and still prohibiting.

Ask DanP for a recommendation on a firearms attorney who can take you through the pardon process, it should cost somewhere between $1500 to $3000 from start to finish. You'll have to apply, get a hearing, be recommended by the Board, have the Governor issue a pardon, then take it to Common Pleas and petition for an expungement. Usually takes about 2 years.