Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Oct 2018
    Location
    Thompsontown, Pennsylvania
    (Juniata County)
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    Question Can I be gifted a firearm if?

    Last month I regrettably listened to my lawyer and took ARD for a simple assault (a)(3) (M-2). I still have my concealed weapons permit and my P.O. said I can keep it. My lawyer also stated that I can be gifted a weapon while on ARD with this pending charge because ARD is not pleading guilty nor is it pleading not guilty. Now my mother had planned to buy me another pistol for Christmas long before this came up. I am uncertain of my lawyer stating this can happen and I do not want my mother or me being charged with some infraction I do not know of. Does anyone have any insight on this? I have been trying to research it myself but I am not the smartest at the internet.I live in Juniata county P.A. Thank you for any insight I have read many posts in here but I decided to actually join today. The first BLOG or forum in my internet history. Also my mother lives in P.A. as well.

  2. #2
    Join Date
    Jun 2010
    Location
    In the can, Pennsylvania
    (Montgomery County)
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    Default Re: Can I be gifted a firearm if?

    Talk to Phil.
    He's a good man, you can trust his advice.
    Send him a message or email.
    Bern-

    Attorney Phil Kline, gunlawyer001@gmail.com
    http://forum.pafoa.org/private.php?do=newpm&u=1125
    How can you have any cookies if you don't drink your milk?

  3. #3
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
    Age
    46
    Posts
    18,485
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    21474866

    Default Re: Can I be gifted a firearm if?

    The M2 Simple Assault isn't a prohibiter with conviction, however while on probation/parole you aren't allow to possess weapons. DO NOT, and I mean DO NOT, possess a weapon even if your PO says you can. It is against state and county guidelines for probation/parole, and it can(will) negate your ARD sentencing.

    The ARD is just a plea agreement that withholds conviction so long as you satisfy your sentencing guidelines(probation/parole, fees, fines, community service, etc, etc).
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack.

  4. #4
    Join Date
    Oct 2006
    Location
    Cherry Tree, Pennsylvania
    (Indiana County)
    Age
    70
    Posts
    5,187
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    21474853

    Default Re: Can I be gifted a firearm if?

    Don't commit simple assault, or complex assault. Doing stupid things have consequences.

  5. #5
    Join Date
    Aug 2010
    Location
    South East of disorder
    Posts
    2,452
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    21474847

    Default Re: Can I be gifted a firearm if?

    Did any of this stem from domestic violence? Did any part of this involve a PFA? Lots of pitfalls to lookout for after being arrested. You are no kid being born in 83, you are old enough to know better. Contact Phil Kline as was suggested. You will need all the help you can get. Have your Mother hold off on that gift for now.
    “Proclaim Liberty throughout all the Land unto all the Inhabitants thereof.

  6. #6
    Join Date
    Jan 2013
    Location
    Berks County, Pennsylvania
    (Berks County)
    Posts
    1,656
    Rep Power
    12592056

    Default Re: Can I be gifted a firearm if?

    Are you implying that someone in law enforcement may have lied to the OP? Wait for my surprised look...

    But I agree. Let me put on my tin foil hat and mention that maybe the PO would look good if he told you you could possess a firearm, and then nailed you for that violation.

    Put in your ARD time. Then get back on track.


    Quote Originally Posted by knight0334 View Post
    The M2 Simple Assault isn't a prohibiter with conviction, however while on probation/parole you aren't allow to possess weapons. DO NOT, and I mean DO NOT, possess a weapon even if your PO says you can. It is against state and county guidelines for probation/parole, and it can(will) negate your ARD sentencing.

    The ARD is just a plea agreement that withholds conviction so long as you satisfy your sentencing guidelines(probation/parole, fees, fines, community service, etc, etc).

  7. #7
    Join Date
    Jan 2012
    Location
    Glen Mills, Pennsylvania
    Posts
    6,139
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    21474849

    Default Re: Can I be gifted a firearm if?

    Quote Originally Posted by knight0334 View Post
    The M2 Simple Assault isn't a prohibiter with conviction, however while on probation/parole you aren't allow to possess weapons. DO NOT, and I mean DO NOT, possess a weapon even if your PO says you can. It is against state and county guidelines for probation/parole, and it can(will) negate your ARD sentencing.

    The ARD is just a plea agreement that withholds conviction so long as you satisfy your sentencing guidelines(probation/parole, fees, fines, community service, etc, etc).
    And this is why I stay out of giving advice in threads like this anymore. I would have thought he was fine.
    Proof Armed citizens make a difference. http://forum.pafoa.org/showthread.php?t=316012

  8. #8
    Join Date
    Oct 2018
    Location
    Thompsontown, Pennsylvania
    (Juniata County)
    Posts
    3
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    0

    Default Re: Can I be gifted a firearm if?

    Nope I drew my firearm in fear of being ran off the road and I thought I was about to be robbed, When I got my weapon from the glove box the driver behind me seen it.

  9. #9
    Join Date
    Feb 2007
    Location
    Patterson Twp, Pennsylvania
    (Beaver County)
    Posts
    1,175
    Rep Power
    21474849

    Default Re: Can I be gifted a firearm if?

    Quote Originally Posted by Nathan R Henry View Post
    Nope I drew my firearm in fear of being ran off the road and I thought I was about to be robbed, When I got my weapon from the glove box the driver behind me seen it.
    Too late my friend, you have been tried and found guilty in the poofa court of public opinion.



    Welcome, stick around.
    Go sell crazy some where else, we're all stocked up here.


    Political power grows from the muzzle of a gun.

  10. #10
    Join Date
    Oct 2018
    Location
    Thompsontown, Pennsylvania
    (Juniata County)
    Posts
    3
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    0

    Default Re: Can I be gifted a firearm if?

    Really???? I am a veteran also.....ssooo this response is dumb without knowing the case. Self defense is never dumb.

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