A question about gun ownership and the law.

[Proficuus]

Hi I am new to the forum and apologize if I posted in the wrong place. That being said, I was convicted in 1992 of Criminal Trespass Felony 3. I was 17 at the time. Now I have read the law regarding:

Section 3503 (relating to criminal trespass) if the offense is graded a felony of the second degree or higher.

Obviously my F3 is lower than F2. Does this prevent me from gun ownership because it is a felony, period? Why if a felon cannot own a gun is section 3503 in there?

Further I searched my criminal history on P.A.T.C.H. and "HAS NO CRIMINAL RECORD IN PENNSYLVANIA BASED ON A CHECK BASED ON THE ABOVE IDENTIFIERS"

If I search the pa criminal justice system I can see the docket and docket number.

I was a juvenile, went to detention THEN I went to court in 1993 (after I turned 18) and was sent to Monroe County Jail.

I have already applied for a LTCC and was interviewed and disclosed this information to the police officer. She still processed me and fingerprinted me and said I would hear back in 45 days. This is very confusing.

Thanks in advance for any input.

[tl_3237]

An F3 is a disqualifier under Federal law (ref 18 USC 922g(1)). If the conviction is on your record then you cannot possess or obtain any firearm or ammo shipped in interstate or foreign commerce anywhere in the US.

18 USC 922
(g) It shall be unlawful for any person—

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

...

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

[Proficuus]

Ok but as I said when I search pa state police it doesn't appear. You think this is a glitch? Any way to get this expunged/pardoned?

[knight0334]

Which state did the offense and conviction occur in? PA?

PATCH doesn't have much for other jurisdiction's criminal data.

If you were convicted in PA as an adult - you really cannot get it expunged without a pardon. You will need a pardon first, then get the expungement.

If you were convicted as a juvenile, is might be possible that it was expunged when you became an adult. But there is often a 10 year time period which restrictions still apply.

We will need more exact data to help you. Like the deposition, adjudication, the actual law you were convicted of, etc, etc.

Any felony is prohibitive under federal law. So are PA's 1st degree misdemeanors because they have a possible sentence that exceeds 2 years.

[John-Pa]

The Pa State Police website addresses in part, Pennsylvania Law only.

The earlier post is correct. Federal Firearms Law Prohibits your purchase or ownership of a firearm.

[Proficuus]

It was Pennsylvania, I was juvenile but went from detention to county jail at 18. I was convicted of criminal trespass, F3. So I WAS juvenile but I believe they plead me as an adult.

I have done multiple background and criminal investigations on myself and nothing comes up.

[t1066]

Get a hold of gunlawer001 ( http://forum.pafoa.org/members/gunlawyer001/ ), here. He should be able to help find out the answers you need, and if you need to go through the courts, he is a good choice for that. His office is in Quakertown, so he isn't too far from you.