18 Pa CSA

[zimsky40]

Good morning, new member with a question that no one so far can answer clearly.

Last year I plead gulity to simple assault and reckless endangerment. I am currently on non-reporting probation. I have no other criminal history or convictions. My firearms were seized as a result of a PFA, which has since been revoked. I recently filed a motion with the Court of Common Pleas to obtain a Safe Keeping Permit. Because my charges are claimed to be of a domestic nature, I was counseled that I can never posses a "firearm" again under 18 USC 922 because:

(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;
(9) who has been convicted in any court of a misdemeanor crime of domestic violence, . . .

I have consulted with my criminal counsel, my PO, several other PA attorneys, the State Police, and the Attorney General. I get different, unlcear answers from all of them.

My intent is only to be able to hunt again using a muzzleloader or bow and arrow. My questions:

1. After my probation ends, can I "possess" a muzzleloader or not?

Under 18 USC 921, the definition of a firearm includes "(D) any destructive device. Such term does not include an antique firearm." Further, "(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof."

2. While on probation, can I posses a bow and arrow? My PO says no.

However, under 18 Pa. C.S.A. 908, a bow and arrow is not defined as a restricted "offensive weapon".

3. All sources state that because my conviction meets one of the two criteria noted above, I can never "possess" a firearm again. Where can I go for help? I have never had any history of violence or convictions and I find it unfathonable that these two misdemeanors prohibit a responsible gun owner of 30 years from possessing a firearm again.

[t1066]

1. After my probation ends, can I "possess" a muzzleloader or not?

Not in PA. Other states it may be possible. Idaho you would be fine.

2. While on probation, can I posses a bow and arrow? My PO says no.

If you PO say no, then it is no. They can restrict you from things that aren't necessarily illegal.

3. All sources state that because my conviction meets one of the two criteria noted above, I can never "possess" a firearm again. Where can I go for help? I have never had any history of violence or convictions and I find it unfathonable that these two misdemeanors prohibit a responsible gun owner of 30 years from possessing a firearm again.

You would need a pardon and expungement. You should hire a lawyer who has experience with this. Gunlawyer001 here is one such. However while there is no legal restriction on how many times you can try to do this, effectively, you've only got one shot at it. And you are probably going to have to wait about a decade after you get off probation before you have a good shot at it. They want to see that you've been staying out of trouble. But I would talk to a lawyer well before then. They can give you a roadmap of what you can do to improve your chances when you do go for it.

Good luck!

[knight0334]

1. Depending on the relationship and living arrangements, you would very well likely be prohibited in PA because of PA 18>61>6105(c)(9). As mentioned above, many other states do not have additional possession laws. They tend to follow federal's limitations.

(9) A person who is prohibited from possessing or acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to unlawful acts). If the offense which resulted in the prohibition under 18 U.S.C. § 922(g)(9) was committed, as provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to definitions), by a person in any of the following relationships:
(i) the current or former spouse, parent or guardian of the victim;
(ii) a person with whom the victim shares a child in common;
(iii) a person who cohabits with or has cohabited with the victim as a spouse, parent or guardian; or
(iv) a person similarly situated to a spouse, parent or guardian of the victim;
then the relationship need not be an element of the offense to meet the requirements of this paragraph.

(i) Firearm.--As used in this section only, the term “firearm” shall include any weapons which are designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

2. During probation your probation officer can make pretty much whatever rules that he/she wants. So, NO is the answer to that.

3. Pardon and expungement is what is needed.

[Sgt.K]

You came to the right place for answers. Whether you will like them or not

Last year I plead gulity to simple assault and reckless endangerment.

<snip>

I have never had any history of violence or convictions...

I must point out that the red is a direct contradiction of the blue. Actions have consequences...

[zimsky40]

You came to the right place for answers. Whether you will like them or not



I must point out that the red is a direct contradiction of the blue. Actions have consequences...

Allow me to correct the blue:

Prior to that, I never had any. . .

Which leads me to another question. When my attorney presented me with the plea agreement from the ADA, he said that it would not affect your ability to possess firearms in the future.

I have now found out that the advise given to me by counsel was not correct. Is this grounds for an appeal, if an appeal is even possible when accepting a plea agreement?

[GeneCC]

I have now found out that the advise given to me by counsel was not correct. Is this grounds for an appeal, if an appeal is even possible when accepting a plea agreement?

If you got the advice in writing you could sue for malpractice. If he "told you" this counsel his advise is worth the paper it's written on. Sorry.

You best find a State where you are not disenfranchised.