Firearm rights confusion.

[JP7191]

I have a 2004 conviction of M1 involuntary manslaughter stemming from an auto accident. I served 6 months in jail on work release, 3months house arrest, some community service and of course probation. This is the only thing on my record. I tried to purchase a firearm in 2006? and was delayed denied.
I recently lost my position at work because I did not pass a criminal background check so I can not sell firearms. Would like to know if my firearm rights can be restored? If so, what do I need to do?
Thanks

[knight0334]

An M1 has a max possible sentence of 5 years.

You are prohibited for life across the entire US of A due to federal law. Federal law considers state misdemeanors who's max possible sentence that exceed 2 years to be as prohibitive as felonies are.

Your only recourse is either:

1a. Get a pardon from the governor.
1b. Then get an expungement.

2. Wait until you are 70 years old and file for relief.

[free]

I have a 2004 conviction of M1 involuntary manslaughter stemming from an auto accident. I served 6 months in jail on work release, 3months house arrest, some community service and of course probation.

Wow!!! That's all you get for killing someone with a car??? Jezez. In any event, being convicted of a felony equiv. is a bar from legal firearms ownership, so you are out of luck. Probably going to have to wait many years before applying for a pardon.

On a related note, I wonder why vehicle use or possession is not banned for people who kill someone with a car. What's the rationale there?

Thanks,
f

[Hawk]

Can anyone confirm this:

The Gun Control Act of 1968 (GCA) prohibits felons and certain other persons from possessing or
receiving firearms and ammunition (“prohibited persons”). These categories can be found at 18
U.S.C. § 922(g) and (n) in

.
However, Federal law does not prohibit these persons from possessing or receiving an antique firearm. The term “antique firearm” means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898. The definition includes any replica of an antique firearm if it is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or uses rimfire or conventional centerfire ammunition which is no longer manufactured in the United States, and which is not readily available in ordinary channels of commercial trade. Further, any muzzle loading rifle, shotgun, or pistol which
is designed to use black powder or black powder substitute, and which cannot use fixed ammunition, is an “antique firearm” unless it (1) incorporates a firearm frame or receiver; (2) is a firearm which is converted into a muzzle loading weapon; or (3) is a muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
See
18 U.S.C. § 921(a)(3), (a)(16).

[ungawa]

Can anyone confirm this:

The Gun Control Act of 1968 (GCA) prohibits felons and certain other persons from possessing or
receiving firearms and ammunition (“prohibited persons”). These categories can be found at 18
U.S.C. § 922(g) and (n) in

.
However, Federal law does not prohibit these persons from possessing or receiving an antique firearm. The term “antique firearm” means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898. The definition includes any replica of an antique firearm if it is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or uses rimfire or conventional centerfire ammunition which is no longer manufactured in the United States, and which is not readily available in ordinary channels of commercial trade. Further, any muzzle loading rifle, shotgun, or pistol which
is designed to use black powder or black powder substitute, and which cannot use fixed ammunition, is an “antique firearm” unless it (1) incorporates a firearm frame or receiver; (2) is a firearm which is converted into a muzzle loading weapon; or (3) is a muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
See
18 U.S.C. § 921(a)(3), (a)(16).

I am not an expert but I have looked into this before the the answer is YES, although I don't know the specific details. Pre-1898 firearms (including those that fire cartridges) are largely not covered under federal law with respect to possession, transfer (no FFLs required, including interstates), etc. However, cartridge ammunition for these guns (if they take cartridges) IS still regulated. I guess it also applies to muzzle loaders which are also largely unregulated by federal law as far as I know. It appears correct although I am not an expert.

[t1066]

Also, while federally they are ok, PA also prohibits these antique firearms from those that are prohibited from having modern firearms. Basically, if it uses a chemical reaction to fire something out of a barrel, you are out of luck in PA if you are federally prohibited from owning modern firearms.

[Hawk]

Also, while federally they are ok, PA also prohibits these antique firearms from those that are prohibited from having modern firearms. Basically, if it uses a chemical reaction to fire something out of a barrel, you are out of luck in PA if you are federally prohibited from owning modern firearms.

Searched PAFOA and found this quote by knight0334 that supports your position:

"Under Federal law, blackpowder guns, guns made before 1898, and some guns made after if ammo isn't available under regular commerce are NOT a firearm. Federal law doesn't prohibit convicted felons or other typically prohibited persons from owning antique guns."

"PA's law is pretty much the same, except it is still a "firearm" when carried concealed and when dealing with prohibited persons."

Link: http://forum.pafoa.org/pennsylvania-...r-handgun.html



Plus this:
"Under Pennsylvania law, 18 PA.C.S. 6118, “Subsection (a) [stating that this subsection does not apply to antique firearms] shall not apply to the extent that such antique firearms, reproductions or replicas of firearms are concealed weapons as provided in section 6106 (relating to firearms not to be carried without a license), nor shall it apply to the provisions of section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) if such antique firearms, reproductions or replicas of firearms are suitable for use.” Accordingly, if you are prohibited pursuant to 18 PA.C.S. 6105, you cannot possess antique firearms, even though federal law would allow you."

[knight0334]

Can anyone confirm this:

The Gun Control Act of 1968 (GCA) prohibits felons and certain other persons from possessing or
receiving firearms and ammunition (“prohibited persons”). These categories can be found at 18
U.S.C. § 922(g) and (n) in

.
However, Federal law does not prohibit these persons from possessing or receiving an antique firearm. The term “antique firearm” means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898. The definition includes any replica of an antique firearm if it is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or uses rimfire or conventional centerfire ammunition which is no longer manufactured in the United States, and which is not readily available in ordinary channels of commercial trade. Further, any muzzle loading rifle, shotgun, or pistol which
is designed to use black powder or black powder substitute, and which cannot use fixed ammunition, is an “antique firearm” unless it (1) incorporates a firearm frame or receiver; (2) is a firearm which is converted into a muzzle loading weapon; or (3) is a muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
See
18 U.S.C. § 921(a)(3), (a)(16).

A normally prohibited person isn't prohibited under federal law from possessing "antique firearms", but PA further prohibits almost all firearm possession by those who are prohibit under federal law for modern firearms. ...only a couple odd-ball situations where PA doesn't.


....taking a look at 6105 if there is a crack the OP can fall through.

[knight0334]

A normally prohibited person isn't prohibited under federal law from possessing "antique firearms", but PA further prohibits almost all firearm possession by those who are prohibit under federal law for modern firearms. ...only a couple odd-ball situations where PA doesn't.


....taking a look at 6105 if there is a crack the OP can fall through.

After looking over 6105, an "antique firearm" may be legal for the OP. Involuntary Manslaughter is only prohibited for those who used a firearm. And I cannot find another direct prohibition under state law.

HOWEVER, ammo for pre-1898 guns that use cartridges that are still available today in normal means of commerce would still be a violation of federal law. When prohibited under federal law for possession of firearms, you are also prohibited for possession of ammunition.

Example: the OP buys an original 1873 Colt Peacemaker in .45Colt. ...the gun itself wouldn't be a violation, but possession of .45Colt ammo would be. Same would hold true for a pre-1898 Mauser or Mosin Nagant - both of which's ammo is still in production.

The only safe route would be a muzzleloading firearm.

The OP should confirm with a lawyer before proceeding.

[thundrr1]

knight,,,,, you truly go above and beyond to respond to some of the posts. I can't rep you,,,,,, gotta spread the love around some more..

Thanks for the education you provide....


EDIT: and all the time you put in being a freekin forum cop.