Question about Non-Violent Felony Gun Rights

[Darkenfire]

Hello, I've been searching the web for awhile and can't seen to find anything about my rights as a person who has committed a non-violent felony (access device fraud) and a criminal mischeif misdemeanor, and a falsifying police reports misdemeanor, when it comes to purchasing and carrying guns. Do I have the same rights as any other convicted felon, the same rights as any other person with no record, or some sort of middle area?

From what I've been able to glean from the few helpful websites, I can definitely buy long guns and carry long guns (is this right?), but there was conflicting information about hand guns. I guess the best method to see if I can get a hand gun would just to go try and buy one, right?

Any information you guys would have on the subject would be much appreciated, you seem like a very smart and well informed lot.

[RoyJackson]

A felony is a felony.

I suggest you talk to a lawyer familar with gun laws, but I'm pretty sure you are not eligible to possess firearms (sidearms or long guns)...at least for a period of time.

IF you try to purchase a handgun, do not lie on the forms! But the lawyer is probably the better option.

[pex]

A felony is not a felony.

18 Pa.C.S.A. § 6105

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article G. Miscellaneous Offenses

Chapter 61. Firearms and Other Dangerous Articles

Subchapter A. Uniform Firearms Act (Refs & Annos)

>>§ 6105. Persons not to possess, use, manufacture, control, sell or transfer firearms



(a) Offense defined.--

(1) A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.

[...]

(b) Enumerated offenses.--The following offenses shall apply to subsection (a):

Section 908 (relating to prohibited offensive weapons).

Section 911 (relating to corrupt organizations).

Section 912 (relating to possession of weapon on school property).

Section 2502 (relating to murder).

Section 2503 (relating to voluntary manslaughter).

Section 2504 (relating to involuntary manslaughter) if the offense is based on the reckless use of a firearm.

Section 2702 (relating to aggravated assault).

Section 2703 (relating to assault by prisoner).

Section 2704 (relating to assault by life prisoner).

Section 2709.1 (relating to stalking).

Section 2716 (relating to weapons of mass destruction).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

Section 2910 (relating to luring a child into a motor vehicle).

Section 3121 (relating to rape).

Section 3123 (relating to involuntary deviate sexual intercourse).

Section 3125 (relating to aggravated indecent assault).

Section 3301 (relating to arson and related offenses).

Section 3302 (relating to causing or risking catastrophe).

Section 3502 (relating to burglary).

Section 3503 (relating to criminal trespass) if the offense is graded a felony of the second degree or higher.

Section 3701 (relating to robbery).

Section 3702 (relating to robbery of motor vehicle).

Section 3921 (relating to theft by unlawful taking or disposition) upon conviction of the second felony offense.

Section 3923 (relating to theft by extortion) when the offense is accompanied by threats of violence.

Section 3925 (relating to receiving stolen property) upon conviction of the second felony offense.

Section 4912 (relating to impersonating a public servant) if the person is impersonating a law enforcement officer.

Section 4952 (relating to intimidation of witnesses or victims).

Section 4953 (relating to retaliation against witness or victim).

Section 5121 (relating to escape).

Section 5122 (relating to weapons or implements for escape).

Section 5501(3) (relating to riot).

Section 5515 (relating to prohibiting of paramilitary training).

Section 5516 (relating to facsimile weapons of mass destruction).

Section 6110.1 (relating to possession of firearm by minor).

Section 6301 (relating to corruption of minors).

Section 6302 (relating to sale or lease of weapons and explosives).

Any offense equivalent to any of the above-enumerated offenses under the prior laws of this Commonwealth or any offense equivalent to any of the above-enumerated offenses under the statutes of any other state or of the United States.

And from 18 USC 922

(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;

I'm a little worried now...because the 4473 form talks about being under information or indictment for a crime, and I think PA SP4-113 (for handguns) says something about 2 year stuff.

Let me try to find that, too.

[fingers80002]

12c. A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more than one year is not prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had civil rights (the right to vote, sit on a jury, and hold public office) restored AND (2)the person is not prohibited by the law where the conviction occurred from receiving or possessing firearms.

http://www.atf.gov/forms/4473/

[Darkenfire]

Yeah, that stuff that pex found is what I was thinking of, and my felony is not on there. But I'm not sure about that 1 year imprisonment thing, I don't know what the maximum sentence could have been, how do I find that out? I know I didn't do any jail time, only 2 years probation. I wouldn't even know how to fill out that form that fingers found.

Also, that form makes me wonder - Did I lose my right to vote, too??

So I just call up a lawyer and ask? Couldn't I go to the courthouse and get some information about it?

[RoyJackson]

What about federal laws? I believe that's what would cause you the most problems.

As far as PA laws, the PA State AG might be a good source of info, and Tom Corbett is pretty pro-gun.

I'd still suggest contacting a lawyer...few folks here have legal training.

[blackmaled]

very annoyed by a couple statements. The idea that the laws differ so much about something that the constitution covers quite clear. also the statement about non-violent felons in the way it trys to divide americans which should be covered by the constitution aswell. first all free americans should have their 2nd amendment right respected by public officials. second all free americans should be treated equall. If a person has commited a offence that the debt has been paid for than there should be no dispute in weather their rights should be in place as this is not china. Also I find a person exusing their prior behavior with a finger pointing argument is pathetic, I'm a non-violent felon and should have more rights than a violent felon, pathetic. Should be I'm a free american citizen that deserves equallity as I'm an american period. We can't wait until the government takes all free americans rights before we unite as that will have disastrous effects and I believe already has. We all know 9-11 was not a result of planes, we all know people are in prison for growing a plant due to past racist excuses, we all know alot and need to stop being pathetic sheep and or fingerpointers!!