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

[badd302]

Awhile back, I was charged with 3rd degree Theft of Service, which they are claiming I restored gas service to my residence. I am currently in a 586 settlement, which means after it is paid off, the case will be dismissed. I then planned to have the record expunged when I found out that even though the record is expunged, my civil rights could possibly have been removed. I currently have a public defender and personally, they have no clue. This is not a violent crime and I was never incarcerated as I have never been in trouble in my life and I didnt even do this. What a kick in the head, hunh? My husband and I now see a need for a gun in the house as I am now all around gun violence by guns being carried by people as young as 14. Further, I was told that if I am unable to have a gun, I cannot even be in a house where a gun is located, which means, my husband buying and registering a gun is not available to us either as I obviously live in the same house. I cannot believe this. Please help, we really need protection in our home as these shootings are getting really close and where I live, there is no police patrol.

[9orangeletters]

Awhile back, I was charged with 3rd degree Theft of Service, which they are claiming I restored gas service to my residence. I am currently in a 586 settlement, which means after it is paid off, the case will be dismissed. I then planned to have the record expunged when I found out that even though the record is expunged, my civil rights could possibly have been removed. I currently have a public defender and personally, they have no clue. This is not a violent crime and I was never incarcerated as I have never been in trouble in my life and I didnt even do this. What a kick in the head, hunh? My husband and I now see a need for a gun in the house as I am now all around gun violence by guns being carried by people as young as 14. Further, I was told that if I am unable to have a gun, I cannot even be in a house where a gun is located, which means, my husband buying and registering a gun is not available to us either as I obviously live in the same house. I cannot believe this. Please help, we really need protection in our home as these shootings are getting really close and where I live, there is no police patrol.

Next time ask them to provide you with a statutory reference to the bolded section. I'm not aware of anything, but I'm not a lawyer. You would not be allowed to "have access" to or handle said firearm only because your felony makes you a prohibited person. Also, there is no gun registry in Pennsylvania, only a registry of sales.

I have a question, though, were you convicted, or did you plead guilty? You need to talk to your lawyer about him or finding another lawyer who knows how to go through the steps to restore your gun rights.

[Daycrawler]

OP if things were that bad gun or not I would move. Get the hell out before you get out in a Body bag! Then you have no option.....

[mollymayhem82]

Next time ask them to provide you with a statutory reference to the bolded section. I'm not aware of anything, but I'm not a lawyer. You would not be allowed to "have access" to or handle said firearm only because your felony makes you a prohibited person. Also, there is no gun registry in Pennsylvania, only a registry of sales.

I have a question, though, were you convicted, or did you plead guilty? You need to talk to your lawyer about him or finding another lawyer who knows how to go through the steps to restore your gun rights.

Your husband can have a gun in the house, you just can't have access to it. My boyfriend was prohibited for year by a PFA, so I had to make sure to keep my guns under lock and key, until it expired. It was a pain in the ass, but there was no way I was going to sleep in a home with no gun. Good luck with your case.

[tl_3237]

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.

[knight0334]

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 construction 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.

I'm not a lawyer, but that is also how I read things to be.

[reverserboy]

My advice....
Talk to a real lawyer.
Pay the gas company what you owe them.
If you actually did this....think hard before doing something like this again.

[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?).

[mingomom]

I also urged her to see a lawyer before making any decisions. Doing your own research is one thing, but if you've already made decisions that affect you negatively, then you obviously aren't fully aware of all the potential problems.

As for your last point - could be. They're certainly not clear and concise.

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).

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?).

[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...