A real hypothetical

[gnbrotz]

John Doe, a PA resident is arrested and charged with an F3, receiving stolen property. He is booked and RoR'd.

Should he expect his LTCF to be revoked while the matter is still ongoing in the courts?

Should he expect his firearms and ammo to be confiscated while the matter is still ongoing in the courts?

Please provide citations to back up your responses. I have my own opinions but want to check them against the knowledge base here.

[Xringshooter]

Greg, I was involved in a similar situation a number of years ago. It was an F3 (but a different charge). The guy (one of my customers) did get his LTCF pulled by the Centre Co. Sheriff (but not revoked until everything was done in the court system) and he contacted me about storing the firearms, so in your scenario the PD may give him the choice of what to do with them. I had to go to the State College PD and sign an inventory sheet stating that I would store them and not allow him access until everything was adjudicated. The State College PD had not confiscated the guns yet so myself, an officer and the accused went to his place and loaded the guns into my truck. Everyone had copies of the inventory all properly signed to prove what happened. It turned out that he ended up consigning them to me to sell for him, which I did and the monies, as the guns were sold, were turned over to his lawyer with a receipt so they knew which guns sold and when. Don't know what the final outcome was but I do know that several years after this incident, he committed suicide (actually heard that from a mutual friend). The guy was a nice guy but apparently had a few problems.

[ungawa]

Let me guess. Somebody is getting screwed by the cops for no good reason because they don't give a crap?

I certainly hope this is not you. You do not deserve this. If it is you, you might want to say so and start a Go Fund Me. You have done more for people here than just about anyone. You will have people coming out of the woodwork to help you once word gets around.

[ungawa]

Send TL and GL a link to this thread for a sanity check. You know they are the tops guys here and should consider their input.

[ungawa]

I just realized I have a question. What is a "real hypothetical?"

[john9001]

It's like jumbo shrimp.

[GunLawyer001]

Federal law bars a transfer to, or transport by, someone facing prosecution like this, but not the possession of firearms by that person:

(n) It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

PA law has 6109(e)(1)(viii), and 6109(i) which you'll want to review to see what's there, and what's not there.

[gnbrotz]

Let me guess. Somebody is getting screwed by the cops for no good reason because they don't give a crap?

I certainly hope this is not you. You do not deserve this. If it is you, you might want to say so and start a Go Fund Me. You have done more for people here than just about anyone. You will have people coming out of the woodwork to help you once word gets around.

I am NOT John Doe, though the scenario I present is an actual one that is playing out in my local area.

I called it a hypothetical because I am trying to determine what the law requires/allows compared to what some LE agency may decide is prudent "because guns!".

[knight0334]

Something the police, sheriff, and DA may consider on pending charges is the type of F3. If it was one of violence, the confiscation of weapons and demand that the LTCF be surrendered may be more likely.

Non-violent F3's may have lessor inclinations for such.

It may also weigh on the fact that your area is a red or blue voting area.