Pennsylvania Firearm Owners Association
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  1. #1
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    Default So I can own guns once I am 30 to the best of my knowledge.

    So I posted about this a year or two ago and have been busy doing research and contacting attorneys. I wasn't certain if I could own guns because of a juvenile adjudication, 3 adult convictions, and a possible 302. Well I learned that my juvenile adjudication only prohibits me until I turn 30 which is next June. I could have gotten it expunged but I only have around 9 months to wait until I am 30. The 3 adult convictions I have are only ungraded misdemeanors so they did not carry a maximum sentence of more than two years which means they do not prohibit me from owning guns. However, I can't get a concealed carry permit because they were drug charges. I had an incident where I was hospitalized but to the best of my knowledge I was admitted under sect. 201 which would not prevent me from owning guns. They told me that I could either agree to the 201 or they would 302 me and they informed me that would prevent me from owning guns so I singed the 201 paper work. I contacted the office of mental health in two different counties and neither has any record of me being 302'd. The hospital where I was at no longer exists so I had to put in a request with a company that stores old medical records. After 4 weeks of searching nothing came up. I am going to keep copies of everything stating that no record of a 302 exists just to be safe. So as of now I just have to wait 9 months before I can own guns. Technically I can own guns under federal law because the Feds do not recognize Pa juvenile adjudications as being the same thing as a "conviction." Unfortunately Pa state law will hold me back for 9 months.
    Last edited by 4thdimension; September 11th, 2015 at 07:04 AM.

  2. #2
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    Default Re: So I can own guns once I am 30 to the best of my knowledge.

    so you're telling us it'll be nine months?

  3. #3
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    Default Re: So I can own guns once I am 30 to the best of my knowledge.

    Quote Originally Posted by 4thdimension View Post
    Well I learned that my juvenile adjudication only prohibits me until I turn 30…
    I'm curious, what's this based on? Is there a particular statute or case law that says this?
    I am not a lawyer. Nothing I say or write is legal advice.

  4. #4
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    Default Re: So I can own guns once I am 30 to the best of my knowledge.

    So I posted about this a year or two ago and have been busy doing research and contacting attorneys. I wasn't certain if I could own guns because of a juvenile adjudication, 3 adult convictions, and a possible 302. Well I learned that my juvenile adjudication only prohibits me until I turn 30 which is next June.

    I could have gotten it expunged but I only have around 9 months to wait. The 3 adult convictions I have are only ungraded misdemeanors so they did not carry a maximum sentence of more than two years which means they do not prohibit me from owning guns.

    However, I can't get a concealed carry permit because they were drug charges. I had an incident where I was hospitalized but to the best of my knowledge I was admitted under sect. 201 which would not prevent me from owning guns. They told me that I could either agree to the 201 or they would 302 me and they informed me that would prevent me from owning guns so I singed the 201 paper work.

    I contacted the office of mental health in two different counties and neither has any record of me being 302'd. The hospital where I was at no longer exists so I had to put in a request with a company that stores old medical records. After 4 weeks of searching nothing came up. I am going to keep copies of everything stating that no record of a 302 exists just to be safe.

    So as of now I just have to wait 9 months before I can own guns. Technically I can own guns under federal law because the Feds do not recognize Pa juvenile adjudications as being the same thing as a "conviction." Unfortunately Pa state law will hold me back for 9 months.

    Form 4473 question 11 C....ever been convicted of a felony OR ANY OTHER CRIME for which a judge COULD HAVE SENTENCED YOU TO MORE THAN ONE YEAR.

    Also...I personally find the age 30 thing highly suspect.

    I think this poster should be sanctioned for posting false and misleading information
    .

  5. #5
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    Default Re: So I can own guns once I am 30 to the best of my knowledge.

    18 U.S. Code § 921 - Definitions
    (20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
    (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

    18 Pa.C.S. § 6105
    (c) Other persons.
    (8) A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense enumerated in subsection (b) with the exception of those crimes set forth in paragraph (7). This prohibition shall terminate 15 years after the last applicable delinquent adjudication or upon the person reaching the age of 30, whichever is earlier.
    Last edited by Deadpan; September 11th, 2015 at 05:16 AM.

  6. #6
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    Default Re: So I can own guns once I am 30 to the best of my knowledge.

    Quote Originally Posted by Bang View Post
    So I posted about this a year or two ago and have been busy doing research and contacting attorneys. I wasn't certain if I could own guns because of a juvenile adjudication, 3 adult convictions, and a possible 302. Well I learned that my juvenile adjudication only prohibits me until I turn 30 which is next June.

    I could have gotten it expunged but I only have around 9 months to wait. The 3 adult convictions I have are only ungraded misdemeanors so they did not carry a maximum sentence of more than two years which means they do not prohibit me from owning guns.

    However, I can't get a concealed carry permit because they were drug charges. I had an incident where I was hospitalized but to the best of my knowledge I was admitted under sect. 201 which would not prevent me from owning guns. They told me that I could either agree to the 201 or they would 302 me and they informed me that would prevent me from owning guns so I singed the 201 paper work.

    I contacted the office of mental health in two different counties and neither has any record of me being 302'd. The hospital where I was at no longer exists so I had to put in a request with a company that stores old medical records. After 4 weeks of searching nothing came up. I am going to keep copies of everything stating that no record of a 302 exists just to be safe.

    So as of now I just have to wait 9 months before I can own guns. Technically I can own guns under federal law because the Feds do not recognize Pa juvenile adjudications as being the same thing as a "conviction." Unfortunately Pa state law will hold me back for 9 months.

    Form 4473 question 11 C....ever been convicted of a felony OR ANY OTHER CRIME for which a judge COULD HAVE SENTENCED YOU TO MORE THAN ONE YEAR.

    Also...I personally find the age 30 thing highly suspect.

    I think this poster should be sanctioned for posting false and misleading information
    .
    Keep reading...

    Quote Originally Posted by Deadpan View Post
    18 U.S. Code § 921 - Definitions
    (20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
    (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

    18 Pa.C.S. § 6105
    (c) Other persons.
    (8) A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense enumerated in subsection (b) with the exception of those crimes set forth in paragraph (7). This prohibition shall terminate 15 years after the last applicable delinquent adjudication or upon the person reaching the age of 30, whichever is earlier.
    +rep for finding and posting the statute.
    While many claim to support the right, precious few support the practice.

  7. #7
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    Default Re: So I can own guns once I am 30 to the best of my knowledge.

    I spoke to an attorney who specializes in gun laws. Furthermore an "adjudication" is not the same as a "conviction." The Feds do not consider Pa juvenile adjudications to be the same thing as convictions. For example, a juvenile is adjudicated delinquent or a person is adjudicated mental defective but neither is "convicted." I found case law on it to but I am in a rush and will post it when I get back from work.

  8. #8
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    Default Re: So I can own guns once I am 30 to the best of my knowledge.

    Quote Originally Posted by 4thdimension View Post
    So I posted about this a year or two ago and have been busy doing research and contacting attorneys. I wasn't certain if I could own guns because of a juvenile adjudication, 3 adult convictions, and a possible 302. Well I learned that my juvenile adjudication only prohibits me until I turn 30 which is next June. I could have gotten it expunged but I only have around 9 months to wait until I am 30. The 3 adult convictions I have are only ungraded misdemeanors so they did not carry a maximum sentence of more than two years which means they do not prohibit me from owning guns. However, I can't get a concealed carry permit because they were drug charges. I had an incident where I was hospitalized but to the best of my knowledge I was admitted under sect. 201 which would not prevent me from owning guns. They told me that I could either agree to the 201 or they would 302 me and they informed me that would prevent me from owning guns so I singed the 201 paper work. I contacted the office of mental health in two different counties and neither has any record of me being 302'd. The hospital where I was at no longer exists so I had to put in a request with a company that stores old medical records. After 4 weeks of searching nothing came up. I am going to keep copies of everything stating that no record of a 302 exists just to be safe. So as of now I just have to wait 9 months before I can own guns. Technically I can own guns under federal law because the Feds do not recognize Pa juvenile adjudications as being the same thing as a "conviction." Unfortunately Pa state law will hold me back for 9 months.
    Sounds like you went through a very rough time in your younger years? Hopefully you got stuff straightened out and are on a much better path today?
    Not sure what you are looking for on-line? Your best course of action is to contact a good attorney and follow his or her direction.
    It's not advisable to seek out legal information here (on-line) with all you have going on!
    In a time of universal deceit, telling the truth is a revolutionary act. George Orwell

  9. #9
    Join Date
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    Harrisburg area, Pennsylvania
    (Dauphin County)
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    Default Re: So I can own guns once I am 30 to the best of my knowledge.

    Quote Originally Posted by Deadpan View Post
    18 U.S. Code § 921 - Definitions
    (20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
    (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

    18 Pa.C.S. § 6105
    (c) Other persons.
    (8) A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense enumerated in subsection (b) with the exception of those crimes set forth in paragraph (7). This prohibition shall terminate 15 years after the last applicable delinquent adjudication or upon the person reaching the age of 30, whichever is earlier.
    Thanks for posting those. That answered my question about where the age 30 part came from. Rep sent.
    I am not a lawyer. Nothing I say or write is legal advice.

  10. #10
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    Default Re: So I can own guns once I am 30 to the best of my knowledge.

    Rep sent 4thdimension: My apologies and thanks for posting this.

    Wow.... just shows to go you, it takes an attorney just to live your daily life.

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