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Thread: Need help - Misdemeanor denial
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June 15th, 2008, 10:39 PM #1Junior Member
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Need help - Misdemeanor denial
Presently 44 Yrs. old. When I was eighteen, I stupidly was invloved into recieving stolen property. The value was $600.00. I paid restitution and served 2 yrs. probation. Now at 44 and never any further arrests , etc.
I have purchased approx. 30 firearms and pistols over the years over the counter legally. A couple years ago, I tried to buy another and was denied.
Apparently, because my infraction was a Pa. Misdemeanor 2 - punishable up to two years, I was now prohibited from buying. Even though I previously legally bought 30 + firearms and had a concealed carry permit from 94-98. I was told this was because of the Brady bill. Before the Brady, I was not prohibited I guess??
Can someone please tell me how this is not some messed up double jeopardy scenario? How can I legally buy and posses for years then suddenly be prohibited?
What am I supposed to do with the weapons I already own?
I work in the health field and have two state licenses to practice my specialty in medicine.
Any information would be greatly appreciated. Thank youLast edited by jamkit; June 15th, 2008 at 10:42 PM. Reason: spelling
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June 16th, 2008, 03:18 AM #2Grand Member
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Re: Need help - Misdemeanor denial
Get a lawyer
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June 16th, 2008, 03:36 AM #3
Re: Need help - Misdemeanor denial
I'd get a lawyer, might have to petition to have the listed item expunged.
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June 16th, 2008, 09:17 AM #4
Re: Need help - Misdemeanor denial
#1 I am not a lawyer but YOU need one.
#2 I believe you were/are federally prohibited since 1968
#3 Probably none of your firearms are legally owned. They are a great liability
to you now. You need to get them out of your posession (ammo too) as
soon as possible.
#4 You sound like a candidate for Gov Pardon/Expungement.
#5 Good luck.
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June 16th, 2008, 09:44 AM #5Banned
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Re: Need help - Misdemeanor denial
I checked 1PACS106 (Classes of Offenses), 18PACS3903(Grading of Theft Offenses), and 18PACS3925(Receiving Stolen Property) to see if there were changes between approximately 1980 and now. Based on Purdon's Statutes at WestLaw, it looks your offense has always been a misdemeanor of the first degree, with a maximum jail term of five years.
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June 16th, 2008, 09:47 AM #6
Re: Need help - Misdemeanor denial
Find the proper documents and get that thing expunged. It's just a matter of filling out the paperwork and going to court to have the plea reversed. I did that about 10 years ago and I have no problems. Your county courthouse website should have a link to the expungement documents.
When the government has a knife at your throat and a hand on your wallet, it matters not whether it is the left or the right hand.
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June 16th, 2008, 10:04 AM #7
Re: Need help - Misdemeanor denial
I agree I had to do the Same in my State, Lawyer, and Governors Pardon, mostly did it for working urposes, but helped with me attaining my rights to bear arms as well, meanwhile, you can go to your local FFL and transfer them to me until things are fixed :-)
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June 16th, 2008, 11:08 AM #8
Re: Need help - Misdemeanor denial
I'm afraid it's not as simple as that for an offense that had a 5 yr max. I am of the opinion that you can not get an expungement order for such a thing unless you have a Gov pardon. That process will take a couple of years to complete. I say again, get the guns out of your posession and get with a lawyer. Preferably one with firearms law experience.
Bob D
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June 16th, 2008, 12:24 PM #9
Re: Need help - Misdemeanor denial
The kicker is to find out what the final charge was not what you were charged with. Get a lawyer.
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June 16th, 2008, 12:44 PM #10Junior Member
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Re: Need help - Misdemeanor denial
Thanks to everyone who gave advice!!
I did check with a lawyer in 1992 and it was a misdemeanor 2. Punishable by up to two years. I really hate to wait two years for an expungement - if they would even consider me but I guess the process has to start somewhere.
The things a punk kid of eighteen will do not realizing the long term ramifications!!
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