First Degree Misdemeanor

[Duckman]

I am facing a potential first degree misdemeanor for a high bac dui. My second one in 8 years. I am trying to understand if I will need to get rid of my firearms. I have several handguns and rifles and shotguns currently.

I know I can not purchase any more firearms after a first degree misdemeanor.

My questions are as follows:
Will the sheriff come to pick up my firearms that I currently own?
Can my wife buy a firearm? She is into shooting sports and had gotten more involved recently.
Can I still hunt with a crossbow? ( I have one)
Can I purchase new crossbows?
Can I purchase a hunting licence?

Any help here would be beneficial. I have a good lawer and he has told me the sheriff will not come by to pick up what I already own. However, I am reading online many conflicting thoghts on that. I am confused as to what will really happen here.

I just want to turn over the firearms to another family memeber if necessary before they would be confiscated. Most are family heirlooms.

Finally, I understand my stupidity. Please to not berate me for that. I did what I did and I am willing to face the consequences. I am seeking and getting help. I know it was beyond stupid.

In my attempt to manage and re-build my life, I am asking these questions.

Thanks for your consideration.

[snakeman21]

OK, I won't give you the "you're an idiot" speech, because it seems you're beating yourself up for it enough on your own.

AFAIK, it is perfectly fine to give the firearms to an immediate family member as long as said family member can legally possess the firearms.

Yes, your wife can buy firearms as long as she isn't prohibited for her own reasons. But keep in mind that if you cannot have them, and she owns guns, you are not permitted to have any access to her weapons. For example, she would need to have them locked up and not give you the key/combination, or be actually carrying one on her person, and under her control, and her control only.

I am not a lawyer.

[donm]

If you haven't already, look through § 6105 of the PA UFA, which reads in part:

(2) (i) A person who is prohibited from possessing, using, controlling, selling, transferring or manufacturing a firearm under paragraph (1) or subsection (b) or (c) shall have a reasonable period of time, not to exceed 60 days from the date of the imposition of the disability under this subsection, in which to sell or transfer that person's firearms to another eligible person who is not a member of the prohibited person's household.

I'm not sure how your sheriff will actually handle this or if your specific DUI is even prohibiting at the state level (you may be prohibited from purchasing but not from possession), but there is another consideration. If you find yourself on probation or parole (for anything), they can impose pretty much any restriction on you that they choose. In some counties (Chester is one), your are forbidden to live any place where "weapons" (including non-firearms) are present, even if locked up and not accessible to you, for the duration of your probation/parole.

[mike_g]

Listen to your lawyer! he already said they wont come to get em...Get better and relax, listen to your lawyer- that their job to know the law.

[HiredGoon]

AFAIK, it is perfectly fine to give the firearms to an immediate family member as long as said family member can legally possess the firearms.

He can't just "give" them to an immediate family member unless it is his spouse, child or grandparent who is also living in PA. All other family members would have to get them thru a transfer at an FFL

[knight0334]

I am facing a potential first degree misdemeanor for a high bac dui. My second one in 8 years. I am trying to understand if I will need to get rid of my firearms. I have several handguns and rifles and shotguns currently.

I know I can not purchase any more firearms after a first degree misdemeanor.

My questions are as follows:
Will the sheriff come to pick up my firearms that I currently own? No, but your probation or parole officer will want them out of the house. They may allow your wife to keep her guns locked up.
Can my wife buy a firearm? She is into shooting sports and had gotten more involved recently. Yes, but she will have to store so that you do not have access to them or ammo ever.
Can I still hunt with a crossbow? ( I have one) Yes, but your probation or parole office may not allow you to keep it until you're off either service.
Can I purchase new crossbows? Yes, but check with probation/parole about possession first.
Can I purchase a hunting licence? Yes, but if you cannot possess a bow or crossbow - it's probably a waste of money.

Any help here would be beneficial. I have a good lawer and he has told me the sheriff will not come by to pick up what I already own. However, I am reading online many conflicting thoghts on that. I am confused as to what will really happen here.

I just want to turn over the firearms to another family memeber if necessary before they would be confiscated. Most are family heirlooms.

Finally, I understand my stupidity. Please to not berate me for that. I did what I did and I am willing to face the consequences. I am seeking and getting help. I know it was beyond stupid.

In my attempt to manage and re-build my life, I am asking these questions.

Thanks for your consideration.

Answers in red bold above.

It is your responsibility to get rid of the firearms and ammo once you are prohibited person. State law allows 60 days. But federal law doesn't have a grace period. You could be in violation of federal law the moment you walk in your front door after having been convicted.

[Gripsafety]

Sometimes good people make stupid mistakes. In almost any DUI arrest, the police make mistakes. If there is any way you can scrape up the money, a good lawyer can probably at least plea it down if he can't get it dismissed. This is the one to spend some money on if you can. There are good lawyers who specialize in this, and who know how to get a deal if they can't outright win. Do some research and choose wisely. If you look at the big picture, a good lawyer now might stretch your immediate finances, but keep you from a lifetime of problems. You seem to get that it's a choice you made.

[Justin///M]

Got anything cool I can buy?

Justin

[GunLawyer001]

Listen to your lawyer! he already said they wont come to get em...Get better and relax, listen to your lawyer- that their job to know the law.

No, you misunderstand.

When you become prohibited, it's not the job of police to come and make sure that you are not committing possessory crimes. They wait until they find some other reason to look into your life, and then if you have guns and you're prohibited, they arrest you and prosecute you.

There's nothing to physically stop a prohibited person from buying a long gun at a flea market, or to prevent you from buying a bag of weed. The fact that our world doesn't have child-protector caps to prevent to prevent the commission of crimes doesn't mean squat, crimes are still crimes.

[phenix]

Sometimes good people make stupid mistakes. In almost any DUI arrest, the police make mistakes. If there is any way you can scrape up the money, a good lawyer can probably at least plea it down if he can't get it dismissed. This is the one to spend some money on if you can. There are good lawyers who specialize in this, and who know how to get a deal if they can't outright win. Do some research and choose wisely. If you look at the big picture, a good lawyer now might stretch your immediate finances, but keep you from a lifetime of problems. You seem to get that it's a choice you made.

Fight it now with every thing you have or it will haunt you the rest of your life. Trust me!