Pennsylvania Firearm Owners Association
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  1. #1
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    (Cumberland County)
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    Default Question on 4473 and question 11c, am I prohibited?

    I know these kinds of posts come up a lot, but I'm having some trouble finding any good answers to my situation. Basically, when I was younger, I got into some dumb trouble which lead to me getting into an incident that ended with a summary offense of harassment and a third degree misdemeanor of cyber harassment of a child expunged. I was around 15 at the time, but I'm not sure what I should be putting down for 11c, or if I'm prohibited from ever owning firearms, because the cyber harassment misdemeanor had a max punishment of one year incarceration.

    Any advice?

  2. #2
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    Mohnton, Pennsylvania
    (Berks County)
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    Default Re: Question on 4473 and question 11c, am I prohibited?

    Lawyer time.

  3. #3
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    May 2006
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    127.0.0.1, Pennsylvania
    (Lancaster County)
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    Default Re: Question on 4473 and question 11c, am I prohibited?

    Quote Originally Posted by Gunsnwater View Post
    Stop! Lawyer time.
    Think we can get GL to wear those pants?

    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  4. #4
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    Default Re: Question on 4473 and question 11c, am I prohibited?

    Quote Originally Posted by streaker69 View Post
    Think we can get GL to wear those pants?

    What makes you assume that I'm not wearing them now?

    You can't touch this....
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  5. #5
    Join Date
    Aug 2010
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    South East of disorder
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    Default Re: Question on 4473 and question 11c, am I prohibited?

    See post #4 and PM him to set up an appointment.
    Aggies Coach Really ??? Take off the tin foil bro.

  6. #6
    Join Date
    Nov 2010
    Location
    King of Prussia, Pennsylvania
    (Montgomery County)
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    Default Re: Question on 4473 and question 11c, am I prohibited?

    Have you read the instructions for the question on the 4473? Read the whole thing, not just the emphasized.


    11.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.)
    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
    )
    ;
    is a fugitive from justice; is an unlawful user of, or addicted to, marijuana or any
    depressant, stimulant, or narcotic drug, or any other controlled substance; has been
    adjudicated as a mental defective or has been committed to a mental institution; has
    been discharged from the Armed Forces under dishonorable conditions; is subject to
    certain restraining orders; convicted of a misdemeanor crime of domestic violence
    under Federal, State or Tribal law; has renounced his/her U.S. citizenship; is an alien
    illegally in the United States or an alien admitted to the United States under a
    nonimmigrant visa. Furthermore, section 922(n) prohibits the shipment,
    transportation, or receipt in or affecting interstate commerce of a firearm by one who
    is under indictment or information for a felony in any Federal, State or local court, or
    any other crime, punishable by imprisonment for a term exceeding one year. An
    information is a formal accusation of a crime verified by a prosecutor.
    A member of the Armed Forces must answer "yes" to 11.b. or 11.c. if charged with an
    offense that was either referred to a General Court Martial, or at which the member
    was convicted. Discharged "under dishonorable conditions" means separation from
    the Armed Forces resulting from a dishonorable discharge or dismissal adjudged by a
    General Court-Martial. That term does not include any other discharge or separation
    from the Armed Forces.
    EXCEPTION
    :
    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, or who has
    been convicted of a misdemeanor crime of domestic violence, is not prohibited from
    purchasing, receiving, or possessing a firearm if: (1) under the law of the jurisdiction
    where the conviction occurred, the person has been pardoned, the conviction has been
    expunged or set aside, or the person has had their civil rights
    (the right to vote, sit on
    a jury, and hold public office)
    taken away and later restored, AND (2) the person is
    not prohibited by the law of the jurisdiction where the conviction occurred from
    receiving or possessing firearms. Persons subject to this exception, or who receive
    relief from disabilities under 18 U.S.C. 925(c), should answer "no" to the applicable
    question.
    From what I read, and what you provided, you are fine. IANAL. Just going off of ATF's own words.
    Last edited by coppery; March 26th, 2018 at 01:53 AM.

  7. #7
    Join Date
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    DeepInTheWoods, Pennsylvania
    (Warren County)
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    Default Re: Question on 4473 and question 11c, am I prohibited?

    Quote Originally Posted by GunLawyer001 View Post
    What makes you assume that I'm not wearing them now?

    You can't touch this....
    Hmmmmm....

    The webcam shows you in black fishnet stockings, stiletto heels, a FABULOUS!! pink bustier and sportin a riding crop.

    Do I need to clear my cache?
    American by BIRTH, Infidel by CHOICE

  8. #8
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    Default Re: Question on 4473 and question 11c, am I prohibited?

    Quote Originally Posted by markshere2 View Post
    Hmmmmm....

    The webcam shows you in black fishnet stockings, stiletto heels, a FABULOUS!! pink bustier and sportin a riding crop.

    Do I need to clear my cache?
    I'm more of a "sensible shoes" kinda guy....
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

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