Results 11 to 20 of 21
-
May 27th, 2018, 07:57 AM #11Junior Member
- Join Date
- May 2018
- Location
-
Wilkes barre,
Pennsylvania
(Luzerne County) - Posts
- 4
- Rep Power
- 0
Re: Own a handgun with an m3 disorderly conduct?
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).
-
May 27th, 2018, 08:23 AM #12
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.Get your "Guns Save Lives" stickers today! PM for more info.
-
May 27th, 2018, 10:38 AM #13
Re: Own a handgun with an m3 disorderly conduct?
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?
-
June 11th, 2018, 08:59 AM #14Super Member
- Join Date
- May 2018
- Location
-
Philadelphia,
Pennsylvania
(Delaware County) - Posts
- 553
- Rep Power
- 11657996
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.
-
June 11th, 2018, 09:49 AM #15
Re: Own a handgun with an m3 disorderly conduct?
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?
-
June 17th, 2018, 09:04 PM #16Super Member
- Join Date
- May 2018
- Location
-
Philadelphia,
Pennsylvania
(Delaware County) - Posts
- 553
- Rep Power
- 11657996
-
June 18th, 2018, 03:42 AM #17
Re: Own a handgun with an m3 disorderly conduct?
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?
-
June 18th, 2018, 04:24 AM #18
-
June 18th, 2018, 09:44 AM #19Super Member
- Join Date
- May 2018
- Location
-
Philadelphia,
Pennsylvania
(Delaware County) - Posts
- 553
- Rep Power
- 11657996
Re: Own a handgun with an m3 disorderly conduct?
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!
-
June 24th, 2018, 09:39 PM #20
Re: Own a handgun with an m3 disorderly conduct?
Make sure you aren't on paper anymore, check the UJS portal to be sure it's updated, then apply for a LTCF. The rules for a LTCF are somewhat stricter than those for buying a firearm. If you get approved, head over to the gun shop. 99% of M3 convictions won't make you a prohibited person.
-ChazI like guns... And boobs...
Similar Threads
-
LTCF and disorderly conduct charge?
By freddy g in forum PennsylvaniaReplies: 5Last Post: October 22nd, 2010, 01:01 AM -
disorderly conduct, can my fire arm be confiscated?
By Leldai73 in forum GeneralReplies: 56Last Post: October 30th, 2009, 05:55 PM -
Argument with neighbors now a Disorderly Conduct...
By Skuggi in forum GeneralReplies: 31Last Post: April 17th, 2009, 06:07 AM -
M3 disorderly conduct/can i own a Firearm
By Karma8541 in forum GeneralReplies: 11Last Post: April 16th, 2009, 02:16 PM -
re: disorderly conduct definition?
By shefearsnothing in forum GeneralReplies: 6Last Post: September 16th, 2008, 08:47 PM
Bookmarks