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Thread: Question about Pennsylvania LTCF
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May 5th, 2019, 10:54 AM #1Junior Member
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Question about Pennsylvania LTCF
I explained this in the general forum, but didn't get a clear answer. I'm running out of time to submit my challenge form.
After being denied my LTCF for an "undetermined reason" I requested my criminal record through PATCH. What came back was Simple Assault, a M2. This is where it's going to get tricky. This charge was the result of a fight I got into with my father. Now, as far as I can tell, it only falls under domestic violance if it was against a spouse, parent, or guardian of the victim. I don't think my case falls into any of those, but still wanted to ask before I sent the challenge form back in.
Also, to clear up any confusion, yes my dad is MY parent. He was the victim, NOT ME. I can't find anything that states I cannot carry or own a firearm if your parent or sibling was the victim. I perceive the law as I'd be denied if I hit my child, wife, or someone I was a guardian of.
Please help me out. I just want to know if contacting a lawyer would even be worth my time. Thank you!
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May 5th, 2019, 11:07 AM #2Senior Member
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Re: Question about Pennsylvania LTCF
Not enough information, however looking up simple assault in pa law shows it graded as M1. But you should definitely consult a lawyer. Message Gunlawyer on here. He should be able to assist
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May 5th, 2019, 11:26 AM #3
Re: Question about Pennsylvania LTCF
Welcome to the PAFOA.
Phil Kline is a highly recommended attorney that specializes in gun law.
I strongly suggest that you contact Phil and listen to what he has to say about your situation.
Phil will usually let you know your options before money gets involved.
Attorney Phil Kline email here: gunlawyer001@gmail.com
Attorney Phil Kline private message here: http://forum.pafoa.org/private.php?do=newpm&u=1125
Best of luck to you.
Bern-How can you have any cookies if you don't drink your milk?
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May 5th, 2019, 11:33 AM #4
Re: Question about Pennsylvania LTCF
I am having trouble taking this one at face value. This quote right here is senseless.
This charge was the result of a fight I got into with my father. Now, as far as I can tell, it only falls under domestic violance if it was against a spouse, parent, or guardian of the victim.Gender confusion is a mental illness
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May 5th, 2019, 11:36 AM #5
Re: Question about Pennsylvania LTCF
Unfortunately, unlike buying a handgun, when you apply for your LTCF the sheriff has a little wiggle room known as the character clause. Regardless of whether it’s a M1 or M2, or over/under 2 year max sentence, he can still deny based on his opinion of your character (read ‘record’).
There have been a few people in the past who have cleared a background check to purchase but still couldn’t get their LTCF. You may be one of them. As noted above, you might consult a good lawyer to determine whether or not the challenge is worth it.Resistance to tyrants is obedience to God.
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May 5th, 2019, 11:36 AM #6Grand Member
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Re: Question about Pennsylvania LTCF
Only a lawyer can sort this out.
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May 5th, 2019, 11:40 AM #7
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May 5th, 2019, 11:33 PM #8Junior Member
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Re: Question about Pennsylvania LTCF
I made that particular part bold because some people confuse the parent part.
This is a direct quote from a website I will add after :
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.*
https://www.justice.gov/jm/criminal-...uals-convicted
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May 5th, 2019, 11:34 PM #9Junior Member
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Re: Question about Pennsylvania LTCF
Thank you very much. I will be sure to contact him!
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May 6th, 2019, 05:00 PM #10
Re: Question about Pennsylvania LTCF
The way the particulars are worded, a parent attacking a child triggers the prohibition, but a child attacking a parent (as reported in this case) does NOT.
I agree it seems illogical, and possibly stupid, but it ain't the first time we've seen that in statutory construction! I agree that as the law is written, and assuming OPs details are accurate, he should not be prohibited.
If he's getting "undermined reason", it's NOT the sheriff invoking the (e)(1)(i) regarding character.Get your "Guns Save Lives" stickers today! PM for more info.
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