Restoring Firearm Privilages for Hunting

**bobwetten** · December 10th, 2006, 06:06 PM

Can anyone tell me how I can have my firearm ownership privilages restored? 21 years ago when I was 21, I purchased alcohol for minors and was convicted of a Misdimeanor. When I went to purchase a gun in 1999, I was told I was denied firearm ownership because of this Misdimeanor.

Thanks for advice

**aubie515** · December 10th, 2006, 09:05 PM

I would suggest speaking to PSP (PA State Police) on your issue. They should be able to tell you the procedure.

**fultonCoShooter** · December 10th, 2006, 09:14 PM

you have to contact the Pardon office it will be listed in your phone book with all the state Government numbers. The process takes 2-3 years

**knight0334** · December 10th, 2006, 09:45 PM

http://members.aol.com/StatutesP7/18PA6105.html

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) or (7) 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:
1. 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.
2. 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) or a felony violation of The Controlled Substance, Drug, Device and Cosmetic Act.

(e) Proceedings.--

1. If a person convicted of an offense under subsection (a), (b) or (c)(1), (2), (5) or (7) makes application to the court, a hearing shall be held in open court to determine whether the requirements of this section have been met. The commissioner and the district attorney of the county where the application is filed and any victim or survivor of a victim of the offense upon which the disability is based may be parties to the proceeding.
2. Upon application to the court of common pleas pursuant to paragraph (1) by an applicant who is subject to the prohibition under subsection (c)(3), the court shall grant such relief if a period of ten years, not including any time spent in incarceration, has passed since the applicant's most recent conviction under subsection (c)(3).

(f) Other exemptions and proceedings.--

1. Upon application to the court of common pleas under this subsection by an applicant subject to the prohibitions under subsection (c)(4), the court may grant such relief as it deems appropriate if the court determines that the applicant may possess a firearm without risk to the applicant or any other person.
2. If application is made under this subsection for relief from the disability imposed under subsection (c)(6), notice of such application shall be given to the person who had petitioned for the protection from abuse order, and such person shall be a party to the proceedings. Notice of any court order or amendment to a court order restoring firearms possession or control shall be given to the person who had petitioned for the protection from abuse order.
3. All hearings conducted under this subsection shall be closed.

**bobwetten** · December 11th, 2006, 06:23 PM

Thanks for all he information folks; obtaining a pardon seems to a lengthy process. I appreciate the information.

**josh** · December 11th, 2006, 10:52 PM

Owning a firearm is not a privelege. It is a right protected by the constitution of the United states as well as the Pennsylvania constitution.
Get legal represenataion and start fighting.

**knight0334** · December 11th, 2006, 11:25 PM

If you look at section (e), you can file an application with the court. If 10 years have passed since you completed the terms(jail, probation, etc, etc) - it may be possible.

Its worth trying first. If that dont work, try the pardon.

**G21.45** · December 16th, 2006, 10:34 AM

Yes! Petitioning the court is, indeed, the OP's best chance to get his firearm, 'rights' restored.

(I thought knight0334's post made this obvious?)

Unless there's something else on the books that would, 'color' the request and hasn't been mentioned, the OP appears to definitely meet the criteria for restoration. If everything is as stated, then, go for it; make the effort; and good luck!

I mean, 'Heck!' We're living in a day and age when pedophiles and other egregious sex offenders are able to get their guns back - Why not someone with nothing more than a (comparatively) trivial misdemeanor offense?