Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    Dec 2009
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    Poconos, Pennsylvania
    (Monroe County)
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    Default Re: Can a felon ever own a gun in Pa?

    Short answer - NO he cannot have any legally if he was convicted of a felony.
    Long answer - Speak with a lawyer and THEY will give you the long version.

    Disclaimer - I am NOT a lawyer and I do NOT play one on TV (although I can argue just as well as one), NOTHING I SAY should be construed as legal advise. You are to research it on your own OR speak with a lawyer if you feel you are not competent enough to discern the wording and/or definitions of any and all laws pertaining to this and any other legal concern.

  2. #12
    Join Date
    Jan 2011
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    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Can a felon ever own a gun in Pa?

    Quote Originally Posted by BimmerJon View Post
    Aren't there some felonies that AREN'T prohibiting?
    Negative. M1 conviction or higher is prohibiting regardless of actual sentence.

  3. #13
    Join Date
    Feb 2011
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    Greencastle, Pennsylvania
    (Franklin County)
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    Default Re: Can a felon ever own a gun in Pa?

    Quote Originally Posted by bob2055 View Post
    Negative. M1 conviction or higher is prohibiting regardless of actual sentence.
    Read the first page. It was confirmed that there are non prohibiting felonies.
    Quote Originally Posted by Python73 View Post
    Shoot what you like, like what you shoot.Own what you like, like what you own.

  4. #14
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    Dec 2007
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    Pennsylvania
    (Lawrence County)
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    Default Re: Can a felon ever own a gun in Pa?

    Quote Originally Posted by leplat View Post
    Read the first page. It was confirmed that there are non prohibiting felonies.
    I may be incorrect but the way I read it is they are non-prohibiting at the federal level. The OP asked about PA and I'm aware of no such exception in the UFA but I'm not about to re-read the entire thing to try to find it either, lol. I think it's similar to the law with black powder arms, Federal law does not bar you from owning them but PA law does.

    There is also the problem I have seen Gunlawyer mention where you need to research what the maximum penalty was at the time of the conviction, not presently. Some of those laws have changed over the years and the issue with prohibition is based on what the penalty was then, not now.

  5. #15
    Join Date
    Oct 2006
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    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: Can a felon ever own a gun in Pa?

    There aren't many felonies that aren't prohibiting. If you have a PA M1 or higher you are certainly prohibited because the lowest felony has a max of 7 years. M1's have a max of 5 years.

    There are some federal felonies that aren't prohibiting. Good luck finding them though..

    Some other states' lower felonies have a max of 1 year. They wouldn't be prohibitive unless they exceed 1 year. But they could be prohibitive in PA if they are similar to anything listed in 6105b.

    US Title 18, Chapter 44, Section 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;

    (2) who is a fugitive from justice;
    (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
    (4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
    US Title 18, Chapter 44, Section 921 - Definitions
    (20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
    (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
    (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

    What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
    So here is the general rule:

    1. In PA - anything listed under 6105, or a similar conviction from another state. Outside of PA, see that state's law.
    2. Any Federal or State felony, or Federal misdemeanor, that exceeds 1 year(except some anti-trust, trade convictions).
    3. Any State Misdemeanor that exceeds 2 years(except some anti-trust, trade convictions).
    4. Any misdemeanor domestic violence conviction regardless of grade.
    Last edited by knight0334; June 25th, 2012 at 03:06 PM.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot.

  6. #16
    Join Date
    Oct 2010
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    pgh, Pennsylvania
    (Allegheny County)
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    Default Re: Can a felon ever own a gun in Pa?

    I know of at least one non prohibiting M1 in PA which states directly in text of statute not to to exceed two years. I would urge your brother to do the research or have a lawyer do it and not give up.

  7. #17
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    Mar 2019
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    philadelphia, Pennsylvania
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    Default Re: Can a felon ever own a gun in Pa?

    ok say i havn't been arrested since 1973 but serve state time 37mos can i still own a gun?

  8. #18
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    Mar 2019
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    philadelphia, Pennsylvania
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    Default Re: Can a felon ever own a gun in Pa?

    Quote Originally Posted by jamison1315 View Post
    ok say i havn't been arrested since 1973 but serve state time 37mos can i still own a gun?
    after not havinng been in trouble since 1973

  9. #19
    Join Date
    Oct 2012
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    Douglassville, Pennsylvania
    (Berks County)
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    Default Re: Can a felon ever own a gun in Pa?

    Quote Originally Posted by jamison1315 View Post
    ok say i havn't been arrested since 1973 but serve state time 37mos can i still own a gun?
    Negative unless you can score gubernatorial pardon and they take several years from what I have heard.
    If it ain't broke it ain't mine.

  10. #20
    Join Date
    Dec 2006
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    Bucks, Pennsylvania
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    Default Re: Can a felon ever own a gun in Pa?

    If you served 37 months for 1 crime, then it was punishable by more than 24 months, and it's federally prohibiting. You would need a Pardon from the Governor, or an expungement after you turn 70.

    That's why we handle Pardons here. People don't want to wait decades to get their rights back. But Pardons do take a couple of years or so. The Board is backed up.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ungawa's M16A1 is for sale, see the NFA ads! http://forum.pafoa.org/showthread.ph...06#post3835606

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