Question

[marinville]

Possibly, you would have to know exactly what the maximum sentence was for the conviction. Some M1's can be prohibiting if the maximum sentence is over 2 years. It doesn't matter what your actual sentence was, but what the maximum could have been.




As far as ltcf, you are probably boned for life. Unless you get a pardon and expungement.

THIS POST HAS BEEN EDITED TO REFLECT THAT THE ORIGINAL INFORMATION CONTAINED HERE IS INCORRECT. NOT ALL FIRST DEGREE MISDEMEANORS ARE PROHIBITING OFFENCES.
For clarity's sake, all M1s are prohibiting. Any M1 exceeds the max sentencing threshold.

[Bang]

Ain't gonna give too many particulars, but back in the day a certain county viewed weed arrests as a pain in the ass. They ARD'd them left and right. Cops said OK, and started writing the weeders ordinance violations...disorderly practices...fifty buck fine or so. Everybody was happy...county, weeder, and township coffers.

[t1066]

For clarity's sake, all M1s are prohibiting. Any M1 exceeds the max sentencing threshold.

I believe you are incorrect. Specifically:

18 Pa.C.S.A. § 5511. Cruelty to animals

...

(2.1) (i) A person commits a misdemeanor of the first degree if he willfully and maliciously:

(A) Kills, maims, mutilates, tortures or disfigures any dog or cat, whether belonging to himself or otherwise. If a person kills, maims, mutilates, tortures or disfigures a dog guide for an individual who is blind, a hearing dog for an individual who is deaf or audibly impaired or a service dog for an individual who is physically limited, whether belonging to the individual or otherwise, that person, in addition to any other applicable penalty, shall be required to make reparations for veterinary costs in treating the dog and, if necessary, the cost of obtaining and training a replacement dog.

(B) Administers poison to or exposes any poisonous substance with the intent to administer such poison to any dog or cat, whether belonging to himself or otherwise.

(ii) Any person convicted of violating the provisions of this paragraph shall be sentenced to pay a fine of not less than $1,000 or to imprisonment for not more than two years, or both. The court may also order a presentence mental evaluation. A subsequent conviction under this paragraph shall be a felony of the third degree. This paragraph shall apply to dogs and cats only.

Not more that 2 years makes it not prohibiting.

[Bang]

What about intent? Spilled antifreeze servicing a vehicle with no intention of harming a dog or cat. Lack of intent applied to Hillary, didn't it?

[marinville]

I believe you are incorrect. Specifically:

18 Pa.C.S.A. § 5511. Cruelty to animals

...

(2.1) (i) A person commits a misdemeanor of the first degree if he willfully and maliciously:

(A) Kills, maims, mutilates, tortures or disfigures any dog or cat, whether belonging to himself or otherwise. If a person kills, maims, mutilates, tortures or disfigures a dog guide for an individual who is blind, a hearing dog for an individual who is deaf or audibly impaired or a service dog for an individual who is physically limited, whether belonging to the individual or otherwise, that person, in addition to any other applicable penalty, shall be required to make reparations for veterinary costs in treating the dog and, if necessary, the cost of obtaining and training a replacement dog.

(B) Administers poison to or exposes any poisonous substance with the intent to administer such poison to any dog or cat, whether belonging to himself or otherwise.

(ii) Any person convicted of violating the provisions of this paragraph shall be sentenced to pay a fine of not less than $1,000 or to imprisonment for not more than two years, or both. The court may also order a presentence mental evaluation. A subsequent conviction under this paragraph shall be a felony of the third degree. This paragraph shall apply to dogs and cats only.

Not more that 2 years makes it not prohibiting.

I just copied this directly from a PDF of a 4473.


c. Have you ever been convicted in any court of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation? (See Instructions for Question 11.c.)

[t1066]

I just copied this directly from a PDF of a 4473.


c. Have you ever been convicted in any court of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation? (See Instructions for Question 11.c.)

You should have read the "Instructions for Question 11.c" :

Question 11.b. - 12.
Generally, 18 U.S.C. 922(g) prohibits the shipment,
transportation, receipt, or possession in or affecting interstate commerce of a firearm
by one who: has been convicted of a felony in any Federal, State or local court, or
any other crime, punishable by imprisonment for a term exceeding one year (this does
not include State misdemeanors punishable by imprisonment of two years or less)
;


The Bold and Italics are in the original. Page 4, right hand column second paragraph.

[marinville]

It appears you are correct. I will edit my earlier post to reflect that, when I have more time.

[t1066]

It appears you are correct. I will edit my earlier post to reflect that, when I have more time.

No worries, the one I quoted was the only M1 I know of that has an overriding clause that is different from the blanket sentence limit for M1s that is up to 5 years.

[Xringshooter]

The OP joined PAFOA on Sept 22, posted his question and had 3 other posts in the same thread and has not been back to this thread since. Hmmm, makes one think he was trolling for something other than what he got as answers???