Pennsylvania Firearm Owners Association
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  1. #1
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    Jun 2018
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    Philadelphia, Pennsylvania
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    Default Should I give up trying to get my gun rights restored?

    This happened when I was 20 years old in Philadelphia, I am 30 years old now so 10 years ago, neighbor was harassing me for about a month, messing with my car and what not, we would talk trash to eachother(yes I had a hand in it) and this lasted for a few weeks, he didnt like me and I didnt like him, finally one day I was watering the front lawn and he came up and said he was going to beat the **** out of me for looking at him, I flicked out a swiss army knife and told him if he came closer I would stab him, he freaked out and ran away saying I was crazy and that he was just joking(even though the day before he said he was going to shoot me when my back is turned haha), now mind you this was on MY property, he called the cops, he even TOLD the cop he started the problem and he admitted he was on my property but I am a tattoo artist and have a lot of tattoos, he took one look at him and one look at me and took me to jail. I got hit with charged with attempted murder( yes honestly) and a ton of other felonies, I plead down to Simple assault(no idea how, never touched him), terroristic threats(for telling him I would stab him if he came closer) and possession of a weapon with intent(for taking my knife out of my pocket), all misdemeanors.

    Apparently self defense laws in Philly are weird because my lawyer said it wouldn't work if I pleaded self defense. I got 6 months probation for it and 3k in fines, here I am 10 years later living all the way across the country in the Southwest and would like to go rabbit hunting with a .22, went to buy a rifle and was denied, contacted NICS said I was denied for something in Philadelphia. I have no past record before that, no record after that, only got convicted of 3 misdemeanors but apparently since they would have added up to over a year in jail for the MAXIMUM I lost my federal gun rights forever.

    Is there any use in finding a lawyer and fighting this/ writing the governor or someone for a pardon or is it useless and just wasting my time? Honestly.

    Thank you very much This is my biggest regret in my life and I know its my fault and I am trying to take responsibility and fix it. I should not has escalated the situation and if I lost my gun rights forever without any chance of fighting to get them back then so be it but I would like to exhaust all avenues before I give up.
    Last edited by Everymanalion; June 6th, 2018 at 05:20 PM.

  2. #2
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
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    Default Re: Should I give up trying to get my gun rights restored?

    Check with member Gunlawyer001 here, he can answer that for you.
    Gender confusion is a mental illness

  3. #3
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: Should I give up trying to get my gun rights restored?

    Any state misdemeanor with a max POSSIBLE punishment that exceeds 2 years is just as prohibitive as a felony that exceeds 1 year.

    PA's 1st Degree Misdemeanors have a max possible punishment of 5 years.


    § 2706. Terroristic threats

    (d) Grading.--An offense under subsection (a) constitutes a misdemeanor of the first degree unless the threat causes the occupants of the building, place of assembly or facility of public transportation to be diverted from their normal or customary operations, in which case the offense constitutes a felony of the third degree.

    -----
    § 907. Possessing instruments of crime

    (b) Possession of weapon.--A person commits a misdemeanor of the first degree if he possesses a firearm or other weapon concealed upon his person with intent to employ it criminally.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  4. #4
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    Jun 2018
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    Philadelphia, Pennsylvania
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    Default Re: Should I give up trying to get my gun rights restored?

    That's crazy, i wish I would have known this before and I wouldn't have pleaded, my lawyer made it seem like I was getting a good deal then was shaking hands with the other guys attorney and laughing afterwords.

  5. #5
    Join Date
    Aug 2010
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    South East of disorder
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    Default Re: Should I give up trying to get my gun rights restored?

    Gunlawyer001 is the way to go. Every man are you still living in Pa or in the South West? If so what state are you in?
    Aggies Coach Really ??? Take off the tin foil bro.

  6. #6
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    Philadelphia, Pennsylvania
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    Default Re: Should I give up trying to get my gun rights restored?

    I am in New Mexico currently.

  7. #7
    Join Date
    Feb 2007
    Location
    next to my neighbor, Pennsylvania
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    Default Re: Should I give up trying to get my gun rights restored?

    So, you get arrested because someone threatened you on your property,
    and you wanted to defend yourself?

  8. #8
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    Jun 2018
    Location
    Philadelphia, Pennsylvania
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    Default Re: Should I give up trying to get my gun rights restored?

    Bogey1, I am not kidding, I even asked the arresting officer about self defense and he said verbatim it doesn't apply to my situation when I was in the back of the squad car, the strange thing is the other guy admitted, twice, even in court that he was the instigator.

  9. #9
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
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    51
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    Default Re: Should I give up trying to get my gun rights restored?

    Quote Originally Posted by Everymanalion View Post
    I am in New Mexico currently.
    Your only recourse is a pardon from the governor of Pennsylvania. Then you will need an expungement.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  10. #10
    Join Date
    Jan 2017
    Location
    Monrovia, Maryland
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    Default Re: Should I give up trying to get my gun rights restored?

    Every,

    I too made a mistake as a young man. When I was 19 I was convicted of a drug felony. The Governor of Pennsylvania signed my pardon in November of 2016 (15 years after my conviction) and I have been enjoying shooting again ever since. Its not impossible, but its tricky.

    I'm not a lawyer, but I can tell you what worked for me. I applied for my pardon in 2012. The whole process took 4-5 years. I did not use a lawyer, so the whole process cost me about $100. I know that a lot of folks do use lawyers, and I am sure it is helpful because the application is a huge PITA, but that will add significant costs to the process. After the Pardon you will need an expungement (which is relatively easy to get after a pardon). I did that myself also and it cost me about $1,000 in application fees. Again, a lawyer can help with the paperwork, but that adds more cost.

    If you do end up hiring a lawyer, is sounds like Gunlawyer001 is the man to talk with. I have read almost every thread on this forum that relates to pardons and he knows his stuff.

    Pardons are not easy to get, especially if you were convicted of what some might consider to be a "violent" crime (even though it sounds like there was no violence). I would go ahead and apply, what do you have to lose?

    Hang in there and don't give up. Feel free to shoot me a PM if you want more specific information.

    Best of luck.

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