Restoration of Gun rights for 3rd Degree Felony Theft of Service

[mingomom]

No, you weren't mean, and I can understand why you're upset. Your first post was not totally clear, and perhaps some people just didn't catch that you later said you didn't do it. Reread your first few lines and you'll see what I mean.

People around here don't usually plead to something they didn't do, so that was confusing. Also, using paragraph breaks is helpful in writing so that people can read more easily.

What is your degree in?

Thank you for your return comment, but Reverseboy was questioning whether I did it or not and someone else said not to post anything as fact when it isnt, it was things like that. I stated I was told this. And I got it from a Deputy Sheriff, I really figured he would know. I do have a thick skin, but it is really scary when these shootings happen right down the road from you. I get that call from a friend with a scanner and I am told to stay in my house as the shooter ran and I live right nearby, up in the woods. Several times, police have been on my road as people always run up into the woods. And my husband works like 7 to 7 and I am all alone, except my Rottweiler. So excuse me, but Im really upset about all this. I didnt do this, I am busting my ass to pay it all after finding it is hard to fight the almighty gas company and now I find out all this other stuff. I need kind suggestions, truth yes, but kind. I didnt think I was mean or anything when I wrote the post. I didnt do this, I help people all the time, volunteer in my community and you could smell the kerosine right from the door when the gas man knocked. I just want this to be all over, so I can go on with my life and use this masters degree officially. But thank you anyway and I hope you had a nice Christmas.

[badd302]

Thanks Mingomom, maybe it was, I was just upset about this whole thing. I tried to post with details, maybe I was unclear. One person said you dont plead to things you do not do. Exactly. That is why it is an 03 case, as I did not plead from the beginning. I fought and fought and fought, but in the end, it was the big old gas company against me and after fighting for years, I gave up out of exhaustion and went into the ARD program. LIke I said, I do civil law, I fight for people's properties against eminent domain or property tax issues, things like that and I do really good. I beat those big bad ole property tax attorneys. I have saved many people's homes and am proud of it. I graduated from Duquesne University here in Pittsburgh. And since I do not do criminal law, except for my case, I had no idea all these civil liberty issues were even here. And the gun issue? I just thought when I got out of the ARD in Feb and then filed to have it expunged, I would be able to get a gun for protection, possibly once the case was dismissed, while I was obtaining the expungement, my husband could get one and I would still be fine. Im sure you can understand I feel like I have been sucker punched yet again. And by the way, people seem to be doubting as if I even did this, but since it is an 03 case, I have not gotten as much as a traffic ticket and still live at the same address now for over 15 years. I did not do this.

You seem like a nice person, I appreciate the time you have taken to write back to me. I cannot do much through the holidays, so I guess I am on "hold" until after wards and I can actually get someone to take a look at my case. Thank you again, hope you had a nice Christmas.

[mingomom]

What's done is done. You can no more go back and change things than you can change the weather. All you can do now is wait until the resolution and then proceed with whatever needs to be done. One piece of advice? Do not make any decisions about anything without consulting a lawyer from here on. "Little things" have a way of becoming big things that are then permanent obstacles to owning a gun.

You know how to read legal writing. Go to the beginning of the forum here and you will find all the laws that pertain to guns in PA. Learn everything you can. Read the forums - there are good debates about the vague writing in the law, and how it is interpreted based on precedents in legal cases. Check out the forums related to changing laws in PA - there are some really long threads about the Castle Doctrine and that battle over the past few years. Read about the differences between states, who has reciprocal agreements and who doesn't, etc.

It's an eyeopener once you start looking. And there are plenty of people here with knowledge. Of course, there are plenty of people who think they have knowledge, so be careful, as with any online forum.

Good luck.

[badd302]

Yeah, I did see all the references to the PA laws. I most certainly will read them. I know I have to pay the remaining monies by Feb and then get the expungement. But I am thinking, maybe my civil liberties have not been taken either. Its tough to get anyone in the DA's office during the holidays as I tried yesterday. Guess I will call next week when everyone is back in the office to see if they are even removed. That would clear up allot. And I am going to ask them point blank about the gun rights. Hey, they would be the ones that removed them, so they would be the ones to ask. And its not like Im some threat to society and I know they have seen the shootings in my area lately, so I feel ok about it. I have faith. I appreciate all of ya'lls comments and suggestions. I just have been feeling overwhelmed with this all and that is probably why I reacted in such a manner. Its like, its always something. But in the end, I am sure my husband will still get the gun to keep in the house. And the only reason I would even touch the gun would be to protect my home or me. Therefore, I could care less about their stupid gun laws, SHOULD those laws actually affect me anyway. AT least I will be alive for them to prosecute. LOL I dont know if I mentioned, but I have already been a victim of a home invasion in 01. We were almost beaten to death with baseball bats, when three black guys broke into our house early in the morning. People listening to police scanners that night said they all thought we were dead as there was blood everywhere. Thats when we got our Rottweiler. But my point here is, we both have vowed that that will NEVER happen to us again. Someone will die if someone ever tried to break in our home again. People like us who have been through it once, are very strong on this point.....Something you never forget. And in your own home, well, that really affects you than in some street. Thank you again. Im sure I will keep you guys posted as to the advancement I make.

[mingomom]

You don't get it; if you even have access to the gun (i.e. unlocked) then you can lose your gun rights permanently. Until this is cleared up, do NOT even consider it.

If you look for advice, and don't take it, isn't it a waste of everyone's time, including yours?

Yeah, I did see all the references to the PA laws. I most certainly will read them. I know I have to pay the remaining monies by Feb and then get the expungement. But I am thinking, maybe my civil liberties have not been taken either. Its tough to get anyone in the DA's office during the holidays as I tried yesterday. Guess I will call next week when everyone is back in the office to see if they are even removed. That would clear up allot. And I am going to ask them point blank about the gun rights. Hey, they would be the ones that removed them, so they would be the ones to ask. And its not like Im some threat to society and I know they have seen the shootings in my area lately, so I feel ok about it. I have faith. I appreciate all of ya'lls comments and suggestions. I just have been feeling overwhelmed with this all and that is probably why I reacted in such a manner. Its like, its always something. But in the end, I am sure my husband will still get the gun to keep in the house. And the only reason I would even touch the gun would be to protect my home or me. Therefore, I could care less about their stupid gun laws, SHOULD those laws actually affect me anyway. AT least I will be alive for them to prosecute. LOL I dont know if I mentioned, but I have already been a victim of a home invasion in 01. We were almost beaten to death with baseball bats, when three black guys broke into our house early in the morning. People listening to police scanners that night said they all thought we were dead as there was blood everywhere. Thats when we got our Rottweiler. But my point here is, we both have vowed that that will NEVER happen to us again. Someone will die if someone ever tried to break in our home again. People like us who have been through it once, are very strong on this point.....Something you never forget. And in your own home, well, that really affects you than in some street. Thank you again. Im sure I will keep you guys posted as to the advancement I make.

[Hawk]

Have you successfully completed the ARD? I'm pretty sure once the ARD is completed you must submit a request for the record to be expunge.

Here's more on PA ARD program:

http://www.timgeorge.us/files/accele...isposition.pdf



You can search court dockets online to see the status of your case.

Link:http://ujsportal.pacourts.us/

Click on Docket Sheets (top middle).

Disregard all of the above if you already know all of this.


BTW, it sounds like the gas was turned off and "someone" turned it back on. If that's not the case, in other words the gas was never turned off but you were way behind in payments, it's possible the gas company has a record of it being turned off, but it was never done in the first place, so when they came out, they found it on and and assumed someone turned it back on (not them).

[tl_3237]

You don't get it; if you even have access to the gun (i.e. unlocked) then you can lose your gun rights permanently. Until this is cleared up, do NOT even consider it.

If you look for advice, and don't take it, isn't it a waste of everyone's time, including yours?

Why would accessibility be an issue unless its a 586 pre-condition (she didn't mention any)?

There was no conviction or pleading of guilt to the F3 charge and her record is otherwise 'clean'.

[mingomom]

Why would accessibility be an issue unless its a 586 pre-condition (she didn't mention any)?

There was no conviction or pleading of guilt to the F3 charge and her record is otherwise 'clean'.

Read her first post. Until she gets that cleared up, she shouldn't mess with it - or do you want her to take the chance? I mean, after all, it won't hurt you any...

[badd302]

Thanks to all of you. I just cannot tell you guys how much I appreciate all the information and help. So, let me clear up a couple things. No, I did not restore or "turn on" the gas to my house, but that is their claim. This is only ONE example of the BS I have gone through. The date I claimed the gas was restored, I had for evidence a linemans report, actual meter reading and a $35 charge for reconnection. Equitable Gas on the other hand, for the date they claim it was restored, was an excuse, or NOTHING. They claim the lineman forgot to file the lineman report. And I sware to God, the courts took their date. Another one, they put a big gold lock on the meter and took a reading. Then, they came back about nine months later where it was obvious the lock had not been tampered with, but the meter readings were different. They chose not to bill me for that, nor could they explain the difference in meter readings when the lock had obviously not been messed with. I have other examples just as ridiculous, but after that last one with the two different claimed dates I mentioned, I gave up. I was found guilty by a hearing. THEN, I appealed, the judge got me a private, court appointed attorney and she got me in the ARD program. This is not supposed to happen as you either go to trial or go into the ARD. I did both. After paying into it for two years, which is the duration of the ARD program, they violated me as I did not pay it all off in the two years. Unfortunately, I never got the freaking notice of the violation hearing as I would have shoved COMMONWEALTH VS. MELNYK, which clearly shows that by removing me from the program simply due to finances, it goes against my constitutional rights of "Equal protection under the law." Awsome case law and totally on point. So, then they put me into the 586 settlement, which when you pay it all off, it is dismissed. And with the verdict being "dismissed" I am able to have it expunged. My next hearing is Feb 8th and I will have the remaining $400 paid off then. So, as you can see, it is a complete mess as to where I stand, legally that is. I technically did get a guilty verdict, but then went into the ARD program, which shouldnt have happened, but did.

That is most of all the pertinent details of the case. I figure, but do not know for sure, that with the expungement, it will remove all the charge, including the prior conviction. I see no reason for them not expunging it as this case was started in 03 and during this whole time period, I have not gotten as much as a parking ticket and still live at the same location as I am very settled and NOT a criminal. I have never, NEVER been in trouble in my entire life, so I dont see why they wouldnt. If not, I will drive them nuts with filings and filings until all of us are old and grey. Thats the plan if they do not expunge it.

I understand what the person said about my never getting a gun should I violate this. I get that sir or madame. I do. But I live on a dead end road up in the woods without police protection, mostly by myself during the day while my husband works, with gun violence all around me, some being only a street away. Then, when they run from the cops, they always head my way as it is woods. I have opened my door twice and had a policeman with guns drawn at the top of my steps telling me to go back in my house. What if I am outside during one of these chases taking my Rottweiler outside? I mainly live with doors locked and a hostage to my house. Should I remain defenseless just because of their stupid laws? Folks, really? This is not some phase I am in, just to get a gun....And we own our house, so its not as simple as just moving out either, otherwise, we would do that. See the dilema I am in?

[tl_3237]

Read her first post. Until she gets that cleared up, she shouldn't mess with it - or do you want her to take the chance? I mean, after all, it won't hurt you any...

I don't want her to do anything but assimilate the insights offered in this thread (which she solicited), do some legal research on her own and finally discuss everything with her attorney as I recommended in the last line of my original post (bolded below).

If I understand correctly, you are under indictment for an F3 but are seeking a court dismissal of charges under Pa.R.Crim.P. 586. You have been neither convicted nor plead guilty.
Until that indictment is dismissed, you are Federally prohibited from '[receiving] any firearm or ammunition which has been shipped or transported in interstate or foreign commerce'.

Assuming that neither you nor your husband have any other Federal or state prohibiting records, I not aware of any laws that prohibit his firearm purchases.

As to them being in your house, there is a gray area in my mind as to the distinction in Federal law between 'receive' and 'possess'. I interpret the 'receive' to be more of a physical transfer (an acquisition by you) to the exclusion of constructive possession (accessible to you). If correct, then your husband's firearms could be stored in the house without further precautions. A safer way to avoid this uncertainty would be to store them in the house under 'lock and key' such that you do not have access to them.

Something you could explore with an attorney - I just giving a layman's opinion; not legal advice.

The OP's last post now proffers heretofore hidden material information that 'I was found guilty by a hearing' then somehow she got into ARD on appeal. Subsequently she was 'violated' for failure to pay.

I posted my opinion with a synoptical preface 'You have been neither convicted nor plead guilty.' Unfortunately the OP declined to rectify her information omission until just now. Consider there is apparently over $2,000 of gas at issue and I question why she never became suspicious that she never received a gas bill over a protracted time period.

Her explanations are convoluted, changing and frankly I'm having a hard time in assigning credibility to much of her thread (troll?).