Conceal carry application question

[4B11TX]

Hi, can someone help me with question 30.G on the permit application? The question says

ARE YOU NOW CHARGED WITH, OR HAVE YOU EVER BEEN CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR A
TERM EXCEEDING ONE YEAR? THIS IS THE MAXIMUM SENTENCE YOU COULD HAVE RECEIVED, NOT THE ACTUAL SENTENCE YOU DID RECEIVE. (IT DOES NOT INCLUDE FEDERAL OR STATE OFFENSES
PERTAINING TO ANTITRUST, UNFAIR TRADE PRACTICES, RESTRAINTS OF TRADE, OR REGULATION OF BUSINESS; OR STATE OFFENSES CLASSIFIED AS MISDEMEANORS AND PUNISHABLE BY A TERM OF
IMPRISONMENT NOT EXCEEDING TWO YEARS.)

I was convicted of resisting arrest with a max of 18 months. If I am reading the question right it looks like I should answer no to the question. I just don't want to check the wrong answer and get in trouble. Thanks for your help.

[MARINE DIVISION TWO]

Max applicable sentence 18 months thats more than a year ! YES Is the correct answer.To further evaluate expungements I recommend GUNLAWYER on this site !

[gghbi]

Without knowing which specific statute you were convicted under, it is hard to tell. Was this a misdemeanor? Perhaps you can find the info and relay the specific statute and we can dig deeper? As noted gunlaywer is one of the house pros on these matters. The rest of us are worth what you pay us.

[Walleye Hunter]

While I would have a chat with gunlawyer001 it looks to me like he is right on his 'no' answer. It refers to state misdemeanors with a maximum penalty not exceeding 2 years. It does muddy the waters with the first reference to 1 year.

[gnbrotz]

Generally speaking for PA charged offenses,

Summary Offense
Misdemeanor 3
Misdemeanor 2

are NOT an instant disqualifier, unless the specific charge is characterized as 'domestic violence', though they may factor into the Sheriff's determination of your 'character'. If your conviction was a:

Misdemeanor 1
Felony 3
Felony 2
Felony 1

you are almost certainly prohibited from purchasing/possessing and must seek a pardon and expungement in order to regain your rights.

More in-depth info:
http://forum.pafoa.org/showthread.php?t=38315

[knight0334]

If it has been since 1972, here is the law:

18 Pa.C.S.A. § 5104
§ 5104. Resisting arrest or other law enforcement
Currentness
A person commits a misdemeanor of the second degree if, with the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the person creates a substantial risk of bodily injury to the public servant or anyone else, or employs means justifying or requiring substantial force to overcome the resistance.


From '72 to present it is a M2, punishable by 2 years in prison. You shouldn't be prohibited on that alone.

[Delkal]

From '72 to present it is a M2, punishable by 2 years in prison. You shouldn't be prohibited on that alone.

Except for the LTCF character clause.........

[4B11TX]

Yes, it was a misdemeanor 2.

[McSull]

Short answer, get a lawyer