Pennsylvania Firearm Owners Association
Page 1 of 4 1234 LastLast
Results 1 to 10 of 32
  1. #1
    Join Date
    Dec 2011
    Location
    philadelphia, Pennsylvania
    Posts
    6
    Rep Power
    0

    Default i want to purchase a firearm but im not sure if i can

    I want to puchase a firearm but im not sure if i can. would you be able to tell me if i would be approved if i give you my record info?

  2. #2
    Join Date
    Nov 2009
    Location
    south/west, Pennsylvania
    (Cambria County)
    Posts
    1,556
    Rep Power
    104329

    Default Re: i want to purchase a firearm but im not sure if i can

    Quote Originally Posted by ellul73 View Post
    I want to puchase a firearm but im not sure if i can. would you be able to tell me if i would be approved if i give you my record info?
    Who are you asking? And WHAT are you asking??

    And why is it in this section?


    Be more specific please.


    (welcome to Pafoa)
    http://www.youtube.com/watch?v=6mK2JYfZAmA When will America become America?

  3. #3
    Join Date
    Dec 2011
    Location
    philadelphia, Pennsylvania
    Posts
    6
    Rep Power
    0

    Default Re: i want to purchase a firearm but im not sure if i can

    im new to the site so im not sure where to post my question and to who. should i poet in the private message?

  4. #4
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
    Posts
    20,351
    Rep Power
    21474874

    Default Re: i want to purchase a firearm but im not sure if i can

    Just tell us what you were charged with. That should probably be enough.
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  5. #5
    Join Date
    Dec 2011
    Location
    philadelphia, Pennsylvania
    Posts
    6
    Rep Power
    0

    Default Re: i want to purchase a firearm but im not sure if i can

    m3 crim. conspiracy
    m2 thift by taking
    m2 crim. mischief
    m2rec. stolen property

  6. #6
    Join Date
    Oct 2011
    Location
    Quakertown, Pennsylvania
    (Bucks County)
    Posts
    1,325
    Rep Power
    21474850

    Default Re: i want to purchase a firearm but im not sure if i can

    Quote Originally Posted by ellul73 View Post
    im new to the site so im not sure where to post my question and to who. should i poet in the private message?
    If I understand you correctly, you have a prior conviction of some type and you want to know if you are prohibited from purchasing a firearm. If you know the statute, you can compare it against the law and see if it is included:

    http://reference.pafoa.org/statutes/...sfer-firearms/

    Code:
    (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.
    
    (2)(i) A person who is prohibited from possessing, using, controlling, selling, 
    transferring or manufacturing a firearm under paragraph (1) or subsection (b) or (c) 
    shall have a reasonable period of time, not to exceed 60 days from the date of the 
    imposition of the disability under this subsection, in which to sell or transfer that 
    person's firearms to another eligible person who is not a member of the prohibited 
    person's household.
    
    (ii) This paragraph shall not apply to any person whose disability is imposed 
    pursuant to subsection (c)(6).
    
    (a.1) Penalty.--
    
    (1) A person convicted of a felony enumerated under subsection (b) or a 
    felony under the act of April 14, 1972 (P.L. 233, No. 64), [FN1] known as 
    The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent 
    Federal statute or equivalent statute of any other state, who violates 
    subsection (a) commits a felony of the second degree.
    
    (2) A person who is the subject of an active protection from abuse order 
    issued pursuant to 23 Pa.C.S. § 6108 (relating to relief), which order provided 
    for the relinquishment of firearms, other weapons or ammunition during the 
    period of time the order is in effect, commits a misdemeanor of the first 
    degree if he intentionally or knowingly fails to relinquish a firearm, other 
    weapon or ammunition to the sheriff as required by the order unless, in lieu 
    of relinquishment, he provides an affidavit which lists the firearms, other 
    weapons or ammunition to the sheriff in accordance with either 
    23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2 (relating to relinquishment for 
    consignment sale, lawful transfer or safekeeping) or 6108.3 (relating to 
    relinquishment to third party for safekeeping).
    
    (3)(i) A person commits a misdemeanor of the third degree if he intentionally 
    or knowingly accepts possession of a firearm, other weapon or ammunition 
    from a person he knows is the subject of an active protection from abuse 
    order issued pursuant to 23 Pa.C.S. § 6108, which order provided for the 
    relinquishment of the firearm, other weapon or ammunition during the 
    period of time the order is in effect.
    
    (ii) This paragraph shall not apply to:
    
    (A) a third party who accepts possession of a firearm, other weapon 
    or ammunition relinquished pursuant to 23 Pa.C.S. § 6108.3; or
    
    (B) a dealer licensed pursuant to section 6113 (relating to licensing 
    of dealers) or subsequent purchaser from a dealer licensed pursuant 
    to section 6113, who accepts possession of a firearm, other weapon 
    or ammunition relinquished pursuant to 23 Pa.C.S. § 6108.2.
    
    (4) It shall be an affirmative defense to any prosecution under 
    paragraph (3) that the person accepting possession of a firearm, 
    other weapon or ammunition in violation of paragraph (3):
    
    (i) notified the sheriff as soon as practicable that he has taken possession; and
    
    (ii) relinquished possession of any firearm, other weapon or ammunition 
    possessed in violation of paragraph (3) as directed by the sheriff.
    
    
    (5) A person who has accepted possession of a firearm, other weapon 
    or ammunition pursuant to 23 Pa.C.S. § 6108.3 commits a misdemeanor 
    of the first degree if he intentionally or knowingly returns a firearm, other 
    weapon or ammunition to a defendant or intentionally or knowingly allows 
    a defendant to have access to the firearm, other weapon or ammunition 
    prior to either of the following:
    
    (i) The sheriff accepts return of the safekeeping permit issued to the 
    party pursuant to 23 Pa.C.S. § 6108.3(d)(1)(i).
    
    (ii) The issuance of a court order pursuant to subsection (f)(2) or 
    23 Pa.C.S. § 6108.1(b) (relating to return of relinquished firearms, 
    other weapons and ammunition and additional relief) which modifies 
    a valid protection from abuse order issued pursuant to 23 Pa.C.S. § 6108, 
    which order provided for the relinquishment of the firearm, other 
    weapon or ammunition by allowing the defendant to take possession 
    of the firearm, other weapon or ammunition that had previously been 
    ordered relinquished.
    
    (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.
    
    (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):
    
    (1) A person who is a fugitive from justice. This paragraph does not 
    apply to an individual whose fugitive status is based upon a nonmoving 
    or moving summary offense under Title 75 (relating to vehicles).
    
    (2) A person who has been convicted of an offense under the act of 
    April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, 
    Drug, Device and Cosmetic Act, or any equivalent Federal statute or 
    equivalent statute of any other state, that may be punishable by a 
    term of imprisonment exceeding two years.
    
    (3) A person who has been convicted of driving under the influence 
    of alcohol or controlled substance as provided in 75 Pa.C.S. § 3802 
    (relating to driving under influence of alcohol or controlled substance) 
    or the former 75 Pa.C.S. § 3731, on three or more separate occasions 
    within a five-year period. For the purposes of this paragraph only, the 
    prohibition of subsection (a) shall only apply to transfers or purchases 
    of firearms after the third conviction
    
    (4) A person who has been adjudicated as an incompetent or who has 
    been involuntarily committed to a mental institution for inpatient care 
    and treatment under section 302, 303 or 304 of the provisions of the 
    act of July 9, 1976 (P.L. 817, No. 143), [FN2] known as the Mental 
    Health Procedures Act. This paragraph shall not apply to any proceeding 
    under section 302 of the Mental Health Procedures Act unless the 
    examining physician has issued a certification that inpatient care 
    was necessary or that the person was committable.
    
    (5) A person who, being an alien, is illegally or unlawfully in the United States.
    
    (6) A person who is the subject of an active protection from abuse 
    order issued pursuant to 23 Pa.C.S. § 6108, which order provided for 
    the relinquishment of firearms during the period of time the order is in 
    effect. This prohibition shall terminate upon the expiration or vacation 
    of an active protection from abuse order or portion thereof relating 
    to the relinquishment of firearms.
    
    (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.
    
    (9) A person who is prohibited from possessing or acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to unlawful acts). If the offense which resulted in the prohibition under 18 U.S.C. § 922(g)(9) was committed, as provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to definitions), by a person in any of the following relationships:
    
    (i) the current or former spouse, parent or guardian of the victim;
    
    (ii) a person with whom the victim shares a child in common;
    
    (iii) a person who cohabits with or has cohabited with the victim as a spouse, parent or guardian; or
    
    (iv) a person similarly situated to a spouse, parent or guardian of the victim; then the relationship need not be an element of the offense to meet the requirements of this paragraph.
    Also, as part of this, there are some exemptions even if you have been convicted of prohibiting offense, but they aren't easy to get

    Code:
    (d) Exemption.--A person who has been convicted of a 
    crime specified in subsection (a) or (b) or a person whose conduct 
    meets the criteria in subsection (c)(1), (2), (5), (7) or (9) may 
    make application to the court of common pleas of the county 
    where the principal residence of the applicant is situated for relief 
    from the disability imposed by this section upon the possession, 
    transfer or control of a firearm. The court shall grant such relief 
    if it determines that any of the following apply:
    
    (1) The conviction has been vacated under circumstances where 
    all appeals have been exhausted or where the right to appeal has expired.
    
    (2) The conviction has been the subject of a full pardon by the Governor.
    
    (3) Each of the following conditions is met:
    
    (i) The Secretary of the Treasury of the United States has relieved 
    the applicant of an applicable disability imposed by Federal law upon 
    the possession, ownership or control of a firearm as a result of the 
    applicant's prior conviction, except that the court may waive this 
    condition if the court determines that the Congress of the United 
    States has not appropriated sufficient funds to enable the Secretary 
    of the Treasury to grant relief to applicants eligible for the relief.
    
    (ii) A period of ten years, not including any time spent in incarceration, 
    has elapsed since the most recent conviction of the applicant of a 
    crime enumerated in subsection (b), a felony violation of The 
    Controlled Substance, Drug, Device and Cosmetic Act or the offense 
    which resulted in the prohibition under 18 U.S.C. § 922(g)(9).
    Last edited by t1066; December 19th, 2011 at 09:24 PM.

  7. #7
    Join Date
    May 2011
    Location
    Hanover Twp, Pennsylvania
    (Northampton County)
    Age
    39
    Posts
    544
    Rep Power
    6780

    Default Re: i want to purchase a firearm but im not sure if i can

    Quote Originally Posted by streaker69 View Post
    Just tell us what you were charged with. That should probably be enough.
    Assuming he's been convicted of anything.
    OP, start reading:18 Pa.C.S. § 6105: Persons not to possess, use, manufacture, control, sell or transfer firearms
    Also:
    United States Code: Title 18,922. Unlawful acts <--specifically (d) and (g).

    This is just for starters.

  8. #8
    Join Date
    Dec 2011
    Location
    philadelphia, Pennsylvania
    Posts
    6
    Rep Power
    0

    Default Re: i want to purchase a firearm but im not sure if i can

    thanks to all that are helping. i have tried to purchase and i do not fall under any of the 6105 but im still being denied. they were simple charges with only probation.

  9. #9
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
    Posts
    20,351
    Rep Power
    21474874

    Default Re: i want to purchase a firearm but im not sure if i can

    Have you finished your probation?
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  10. #10
    Join Date
    May 2011
    Location
    Hanover Twp, Pennsylvania
    (Northampton County)
    Age
    39
    Posts
    544
    Rep Power
    6780

    Default Re: i want to purchase a firearm but im not sure if i can

    Quote Originally Posted by ellul73 View Post
    thanks to all that are helping. i have tried to purchase and i do not fall under any of the 6105 but im still being denied. they were simple charges with only probation.
    It doesn't matter so much what you got but what the max penalty is.

    Anybody M1 or higher, IIRC, is grounds to be prohibited.

    But I'm not a lawyer, so what do I know?
    Quote Originally Posted by streaker69 View Post
    Have you finished your probation?
    I was wondering that myself...

Page 1 of 4 1234 LastLast

Similar Threads

  1. Will I be able to purchase a firearm?
    By RadicalApex in forum General
    Replies: 8
    Last Post: January 18th, 2011, 11:54 PM
  2. denied purchase of a firearm
    By mpasley89 in forum General
    Replies: 48
    Last Post: January 7th, 2011, 06:42 PM
  3. Firearm purchase in MD
    By kevco in forum General
    Replies: 4
    Last Post: February 23rd, 2009, 12:16 PM
  4. New Firearm purchase
    By joe15003 in forum General
    Replies: 13
    Last Post: August 28th, 2008, 10:09 AM
  5. can i purchase a firearm every day?
    By Seventy4Blazer in forum General
    Replies: 3
    Last Post: February 21st, 2008, 03:09 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •