Pennsylvania Firearm Owners Association
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  1. #1
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    Exclamation 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!

  2. #2
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    Default 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

  3. #3
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    Default Re: Question about Pennsylvania LTCF

    Quote Originally Posted by Jayelle View Post
    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!
    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-
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  4. #4
    Join Date
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    Default 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.
    Bolded language in particular and where are you getting it from? It sounds to me like you have an M2, which includes a violent action, one that is a disqualifier.
    Gender confusion is a mental illness

  5. #5
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    (York County)
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    Default 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.

  6. #6
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    Default Re: Question about Pennsylvania LTCF

    Only a lawyer can sort this out.

  7. #7
    Join Date
    Dec 2014
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    lewistown, Pennsylvania
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    Default Re: Question about Pennsylvania LTCF

    Quote Originally Posted by Walleye Hunter View Post
    I am having trouble taking this one at face value. This quote right here is senseless.

    Bolded language in particular and where are you getting it from? It sounds to me like you have an M2, which includes a violent action, one that is a disqualifier.
    I don't understand it either , anyone ??

  8. #8
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    Default 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

  9. #9
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    Default Re: Question about Pennsylvania LTCF

    Thank you very much. I will be sure to contact him!

  10. #10
    Join Date
    May 2007
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    Default Re: Question about Pennsylvania LTCF

    Quote Originally Posted by 57springer View Post
    I don't understand it either , anyone ??
    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.
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