Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    May 2018
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    Wilkes barre, Pennsylvania
    (Luzerne County)
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    Default Re: Own a handgun with an m3 disorderly conduct?

    Quote Originally Posted by marinville View Post
    Answering ’yes’ to question 11c typically (but not always) requires being convicted of a first degree misdemeanor. It deals with the maximum possible sentence for the crime you were convicted of, not necessarily the sentence you received, but the max you could have received for that crime.

    Find out exactly what statute you were convicted of violating. Read the law. Read the maximum sentence possible. Then you should be able to accurately answer the question, keeping in mind he clarification from the information sheet.

    Based on what you have posted, I would probably be more concerned about question 11i.

    By the way, this has nothing to do with the sheriff and nothing to do with his or anyone else's mood. You are either prohibited or you are not. There is no ambiguity. Also, the character clause is bullshit, but it only affects LTCF applications.
    This is what I found.... 5503. Disorderly conduct.

    (a) Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

    (1) engages in fighting or threatening, or in violent or tumultuous behavior;

    (2) makes unreasonable noise;

    (3) uses obscene language, or makes an obscene gesture; or

    (4) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

    (b) Grading.--An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense.

    (c) Definition.--As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.



    Cross References. Section 5503 is referred to in section 3019 of this title; section 12432 of Title 11 (Cities); sections 3573, 8902 of Title 42 (Judiciary and Judicial Procedure).

  2. #12
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Own a handgun with an m3 disorderly conduct?

    Your potential issue is at the federal level, due to the Lautenberg Amendment. If you're charged under 5503, and it involved violence against me (an unrelated stranger), there's no issue. If you commit the very same acts involving family or some type of 'partner', the Lautenberg Amendment comes into play, and it becomes domestice violence, even if the underlying statute itself (5503) doesn't make a distinction. Emphases below added by me.

    GUN BAN FOR INDIVIDUALS CONVICTED OF A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE -- 18 U.S.C. 922(g)(9)

    The 1968 Gun Control Act and subsequent amendments codified at 18 U.S.C. 921 et seq. prohibit anyone convicted of a felony and anyone subject to a domestic violence protective order from possessing a firearm. The intended effect of this new legislation is to extend the firearms ban to anyone convicted of a "misdemeanor crime of domestic violence."

    This bill passed with almost unanimous support and represents Congress's recognition that "anyone who attempts or threatens violence against a loved one has demonstrated that he or she poses an unacceptable risk, and should be prohibited from possessing firearms." Congressional Record, p. S11878, September 30, 1996. This new provision affects law enforcement in three interrelated ways. First, it will assist in preventing those individuals who have demonstrated a propensity for domestic violence from obtaining a firearm. Second, it will assist law enforcement by providing a tool for the removal of firearms from certain explosive domestic situations thus decreasing the possibility of deadly violence. Finally, it will serve as a federal prosecution tool in certain situations where alternatives have failed.

    Qualifying Offenses: As enacted the statute defines "misdemeanor crime of domestic violence" (MCDV) as any state or federal misdemeanor that -

    "has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim."
    This definition includes all misdemeanors that involve the use or attempted use of physical force (e.g., simple assault, assault and battery), if the offense is committed by one of the defined parties. This is true whether or not the statute specifically defines the offense as a domestic violence misdemeanor.
    For example, a person convicted of misdemeanor assault against his or her spouse would be prohibited from receiving or possessing firearms. It is anticipated that this issue will be subject to litigation. In the event of such litigation, the Terrorism and Violent Crime Section should be notified so that assistance can be provided.

  3. #13
    Join Date
    Jun 2010
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    In the can, Pennsylvania
    (Montgomery County)
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    Default Re: Own a handgun with an m3 disorderly conduct?

    Quote Originally Posted by Imonline111 View Post
    I recently decided to take up a new hobby and shoot at the range, I loved it now i want to buy my own handgun to go and shoot with but last year I got into trouble. I was charged with an m3 disorderly conduct. And the ex ordered a pfa against me. I finished house arrest and my probation is over in october depending on if i get an early release. My questions are does a misdemeanor in general bar my second amendment right completely? Ive read that domestic violence would bar me completely but its still a gray area to me. Also i assume i will have to wait awhile to try and get a handgun either way. Someone please help me understand PA laws.... On who can buy a gun and what type of "criminals" cannot....
    The only reasonable option for someone in your position is to consult with a gun lawyer to find out exactly where you stand.
    Any other course of action is grossly negligent and may put you in further legal jeopardy.
    Your freedom is worth the few hundred dollars required for a consultation with a gun lawyer.
    You can send a message to GunLawyer001, Attorney Phil Kline, gunlawyer001@gmail.com, and ask for a consultation http://forum.pafoa.org/member.php?u=1125.
    Best of luck to you.
    Bern-
    How can you have any cookies if you don't drink your milk?

  4. #14
    Join Date
    May 2018
    Location
    Philadelphia, Pennsylvania
    (Delaware County)
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    Default Re: Own a handgun with an m3 disorderly conduct?

    There is no chance of you qualifying right now, or in the near future. You should at the least wait a year or two AFTER you are finished house arrest/probation, etc. Although it is correct there's no ambiguity for ownership, there is, as we all know, a bit of vagueness and can lend to some interpretation. That interpretation can be two different things whether or not the actions are "fresh" in the mind.

    I have a good friend with a similar situation. He received a DUI and spent time in a mental health facility. This was several years ago now, and he recently sent me a picture of his new Glock he was approved for purchase of in New Jersey! Just remember one thing,,,,,,you answer "YES" to any question except being the actual buyer and it's an instant NO! The dealer is REQUIRED to deny the sale and will not even call PICS.

  5. #15
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    Jun 2010
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    In the can, Pennsylvania
    (Montgomery County)
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    Default Re: Own a handgun with an m3 disorderly conduct?

    Quote Originally Posted by DavidH View Post
    There is no chance of you qualifying right now, or in the near future. You should at the least wait a year or two AFTER you are finished house arrest/probation, etc. Although it is correct there's no ambiguity for ownership, there is, as we all know, a bit of vagueness and can lend to some interpretation. That interpretation can be two different things whether or not the actions are "fresh" in the mind.

    I have a good friend with a similar situation. He received a DUI and spent time in a mental health facility. This was several years ago now, and he recently sent me a picture of his new Glock he was approved for purchase of in New Jersey! Just remember one thing,,,,,,you answer "YES" to any question except being the actual buyer and it's an instant NO! The dealer is REQUIRED to deny the sale and will not even call PICS.
    David,
    I read your post twice, and it sounds like you are telling someone to say No on the form even if it's a YES, but it happened long enough ago that maybe they will miss it when checked.
    If that's what you're advising then please don't.
    People get arrested in Pennsylvania for answering the firearm forms incorrectly.
    How can you have any cookies if you don't drink your milk?

  6. #16
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    May 2018
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    Philadelphia, Pennsylvania
    (Delaware County)
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    Default Re: Own a handgun with an m3 disorderly conduct?

    Quote Originally Posted by Berncly View Post
    David,
    I read your post twice, and it sounds like you are telling someone to say No on the form even if it's a YES, but it happened long enough ago that maybe they will miss it when checked.
    If that's what you're advising then please don't.
    People get arrested in Pennsylvania for answering the firearm forms incorrectly.
    No, I never told anyone to lie. I don't lie, and would never encourage others to. Simply put, when an applicant answers "YES" to any of the questions other than being the buyer, the FFL is REQUIRED to deny the sale.

  7. #17
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    Jun 2010
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    In the can, Pennsylvania
    (Montgomery County)
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    Default Re: Own a handgun with an m3 disorderly conduct?

    Quote Originally Posted by DavidH View Post
    No, I never told anyone to lie. I don't lie, and would never encourage others to. Simply put, when an applicant answers "YES" to any of the questions other than being the buyer, the FFL is REQUIRED to deny the sale.
    Ok, I didn't think you were advocating a lie.
    Just to be clear for anyone that may read this later, what I'm saying is there is no vague interpretation when filling out the forms for purchasing a firearm.
    PA is very aggressive about prosecuting people who make "mistakes" when filling out the forms, and claiming ignorance is no defense.
    If anyone is unsure of their status they should seek reputable advice before filling out the forms.
    How can you have any cookies if you don't drink your milk?

  8. #18
    Join Date
    Jul 2013
    Location
    Mohnton, Pennsylvania
    (Berks County)
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    Default Re: Own a handgun with an m3 disorderly conduct?

    Quote Originally Posted by gnbrotz View Post
    Just a quick clarification - if you discover that you are unable to buy a gun legally, that means you can't use someone else's either. This includes even touching an unloaded gun or a single round of ammo.
    Correct except for the if you discover part, you break the law regardless of ignorance or intent and the time line of the op seems to indicate.........
    The Gun is the Badge of a Free Man

  9. #19
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    May 2018
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    Philadelphia, Pennsylvania
    (Delaware County)
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    Default Re: Own a handgun with an m3 disorderly conduct?

    Quote Originally Posted by Berncly View Post
    Ok, I didn't think you were advocating a lie.
    Just to be clear for anyone that may read this later, what I'm saying is there is no vague interpretation when filling out the forms for purchasing a firearm.
    PA is very aggressive about prosecuting people who make "mistakes" when filling out the forms, and claiming ignorance is no defense.
    If anyone is unsure of their status they should seek reputable advice before filling out the forms.

    Yes, I'm quite familiar with Pa's "line". When I was an FFL I was involved for questioning, with the ATF about a particular person and straw purchases. I will say, it *could stand to be a bit better as I was shown the stack of papers on this individual's purchases under question. He had been under investigation for over a year and the stack looked like a novel!

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