Senate bill 1239

**Bobbylloyd** · March 31st, 2017, 11:30 AM

This musau case seems to be all that is needed to clear this up.

No matter what, first degree misdemeanor or not, the question asks if you have ever been convicted of a CRIME where the sentence could have exceeded 1 year.

Doesn't ask about a grade of misdemeanor, it refers to a CRIME.
So the answer to the question would still be NO since the CRIME I was convicted of, could not have had a maximum sentence exceeding one year.

Obviously, this isn't stopping the state police from investigation and it isn't stopping the federal ban but, it most certainly should.

**knight0334** · March 31st, 2017, 11:39 AM

You may still have to argue that out in court. I was informed by a knowledgeable party that the PA Supreme Court left the Musau ruling(or part thereof) stand by not hearing a certain argument after SB1239 was enacted.

You may still need to procure legal services just to cover your ass. There are two gentlemen here that are familiar with gun rights and laws, Gunlawyer001 and SigForLife. I'm not exactly sure where your location is relative to theirs, so you may also want to see if you can find a lawyer who is knowledgeable in gun laws/rights in your area.

**t1066** · March 31st, 2017, 11:40 AM

My advice to you is to stop trying to apply a normal person's logic to this. The law is like a complex programming language that only bears a passing resemblance to English and trying to parse it like you would conversational English is likely to wind up hurting you in the long run. Find a good lawyer who is experienced in this area of law. GunLaywer001 is one of them, and I would trust him with my freedom (and have). Pay them to go over your information and tell them everything you can think of relating to you legal history and dig up every scrap of documentation you have. Let them figure out what is going on and what applies and what doesn't.

They may not get it exactly right, or you might wind up dealing with a judge that decides to pull something out of their ass along the way, but trying to do this on your own 95% of the time will only hurt you.

Please.

**Bobbylloyd** · March 31st, 2017, 11:54 AM

I am meeting with a firearms lawyer on Tuesday.

Just getting opinions here and hoping someone who had my exact situation will chime in.

**knight0334** · March 31st, 2017, 12:05 PM

Originally Posted by Bobbylloyd

I am meeting with a firearms lawyer on Tuesday.

Just getting opinions here and hoping someone who had my exact situation will chime in.

Very smart thing to do! Good luck!

**t1066** · March 31st, 2017, 02:07 PM

Originally Posted by Bobbylloyd

I am meeting with a firearms lawyer on Tuesday.

Just getting opinions here and hoping someone who had my exact situation will chime in.

Originally Posted by knight0334

Very smart thing to do! Good luck!

Yep! Best of luck!

**Walleye Hunter** · April 18th, 2017, 12:10 PM

OK, I have looked extensively and been unable to find the answer to my question. Please forgive me if it's been right in front of me and I just didn't see it, it happens frequently...I have an M2 on my record from 40 years ago for reckless endangerment, I was 18 and my record is as clean as they get since then. I have found SB 1239 and determined that I am eligible to have it expunged and have started the process. The question is, as I'm sure you can guess by now, will I be able to obtain a CCL after that incident is expunged?

Thanks for any and all help.

**knight0334** · April 18th, 2017, 12:53 PM

An M2 is not prohibiting for POSSESSION(ownership) unless it is one of the enumerated offenses in 18.61.6105 or is a domestic violence conviction.

You can still own a gun otherwise. However, if that M2 is a drug offense or a domestic violence charge - then you will need the expungement to get a LTCF.

And generally, convictions cannot be expunged without a pardon. (certain exceptions)

**Walleye Hunter** · April 18th, 2017, 01:58 PM

Thank you for that quick response! I believe that I fall within the exceptions, even I get lucky once in a while. Unless I read it wrong...I was under 25, more than ten years have passed (many more) and I have no other incidents. The charge was reckless endangerment, I am finding this under SB 391, actually, not 1239. Then, if approved it sounds like I will be able to get the license to carry?