Pennsylvania Firearm Owners Association
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  1. #1
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    Default Ex-Felon wants to have gun rights back...

    Hello... I am an ex-felon. I pled guilty to a non violent white colar type crime. I served 13.5 months in a federal correctional institution from 2-1996 until 4-1997. I already have my voting rights back, because in PA you can get them back after 5 years. I have improved my life by a bagillion times over, and besides 1 speeding ticket a year ago, I have never been in trouble again.

    My main question is can i get my gun ownership rights back?

    thanks for your help.

  2. #2
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    Mar 2007
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    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Ex-Felon wants to have gun rights back...

    Unfortunately, the laws on the book are very much against your favor. The anti-gunners argue that felons shouldn't be able to have guns, but they ignore the fact that their gun-control laws would only affect law-abiding ex-felons, because unreformed felons would just buy guns on the black market. :-(

    Probably your best bet would be to try to get your conviction expunged from your record. You'll need a lawyer for this. Even if you manage this, it's still not certain that the gov't would stop infringing your right to bear arms.

  3. #3
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    Nov 2007
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    Lancaster, Pennsylvania
    (Lancaster County)
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    Default Re: Ex-Felon wants to have gun rights back...

    Maybe look into getting a pardon from the governor. I wouldn't mention guns being the cause for the pardon though. Good luck w/ fast eddie.

  4. #4
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    nepa, Pennsylvania
    (Luzerne County)
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    Default Re: Ex-Felon wants to have gun rights back...

    Can't help you on the topic, but really I like your user name.

    Microbiologist?

    Biology teacher?

    Fan of the 5 kingdoms/divisions...or Monera in particular?

  5. #5
    Join Date
    May 2008
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    butler, Pennsylvania
    (Butler County)
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    Default Re: Ex-Felon wants to have gun rights back...

    Here this should help with the info you need. But as for the process, i cannot say your chances are very good, and it certainly wont be cheap.

    6105.1. Restoration of firearm rights for offenses under prior laws of this Common*wealth.



    (a) Restoration.-A person convicted of a disabling offense may make application to the court of common pleas in the county where the principal residence of the applicant is situated for restoration of firearms rights The court shall grant restoration of firearms rights after a hear*ing in open court to determine whether the requirements of this section have been met unless

    (1) The applicant has been convicted of any other offense specified in section 6105(a) or (b)(relatrng to persons not to possess, use, manufacture, control, sell or transfer firearms) or the applicant's conduct meets the criteria in section 6105(c)(1), (2), (3), (4), (5), (6) or (7);

    (2) The applicant has been convicted of any other crime punishable by imprisonment exceeding one year as defined in section 6102 (relating to definitions); or

    (3) The applicant's character and reputation is such that the applicant would be likely to act in a manner dangerous to public safety

    (b) Notice and standing.*

    (1) Notice of an application for restoration of firearms rights shall be provided to the Pennsylvania State Police, the district attorney of the county where the disabling offense occurred and the district attorney of the county where the application is filed. The district attorney of the county where the application is filed, the district attorney of the county where the disabling offense occurred and the Pennsylvania State Police may, at their option, be parties to the proceeding.

    (2) Notwithstanding paragraph (1), the standing of the Pennsylvania State Police as a party to a proceeding under this section shall be limited to determinations of whether the offense meets the definition of the phrase "disabling offense" or whether the provisions of subsection (a)(l) and (2) have been satisfied.

    (c) Copy of order to Pennsylvania State Police. If the court grants restoration of firearms rights to an applicant, a copy of the order shall be sent by the prothonotary within ten days of the entry of the order to the district attorneys and the Pennsylvania State Police, firearms divi*sion, and shall include the name, date of birth and social security number of the applicant.

    (d) Expungement and pardon -A restoration of firearms rights under this section shall not result in the expungement of any criminal history record information nor will it constitute a gubernatorial pardon

    (e) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

    "Disabling offense." A conviction for any offense which:

    (1) resulted in a federal firearms disability and is substantially similar to either an offense currently graded as a crime punishable by a term of imprisonment for not more than two years or conduct which no longer constitutes a violation of law; and

    (2) was a violation of either of the following

    (i) the former Act of May 1, 1929 (P.L. 905, No. 403), known as the Vehicle Code, or the former Act of April 29, 1959 (P.L. 58, No. 32), known as the Vehicle Code; or

    (ii) the former Act of June 24, 1939 (P.L 872, No. 375), known as the Penal Code

    The definition shall not include any offense which, if committed under contemporary standards, would constitute a misdemeanor of the second degree or greater under section 2701 (relating to simple assault) and was 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 cohabitating with or has cohabitated with the victim as a spouse, parent or guardian or by a person similarly situated to a spouse, parent or guardian of the victim.

    “Restoration of firearms rights.” Relieving any and all disabilities with respect to a person’s right to own, possess, use, control, sell, purchase, transfer, manufacture, receive, ship or transport firearm, including any disabilities imposed pursuant to this subchapter. The phrase shall also mean the restoration of the right to vote, to hold public office and to serve on a jury.

    (added by L.2002, Act 172(2), eff. 12/9/2002.)

    http://www.acslpa.org/pa_uniform_firearms_act.htm

  6. #6
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    Default Re: Ex-Felon wants to have gun rights back...

    wow... okay. I understand some of this legal information, but not all of it. Are there special attorneys that deal with my issue / situation that might be able to help me?

    Also, I was recently now told that my only option may be to fill out and apply for a presidential pardon because i was convited by the federal government.... I was under the impression that presidential pardons are only given to a couple people each year.. so does that mean I am screwed for the rest of my life even though my crime was so meaningless?

    thanks

  7. #7
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    Harrisubrg, Pennsylvania
    (Dauphin County)
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    Question Re: Ex-Felon wants to have gun rights back...

    I say go for it and ask Obama to give you your gun rights back........ but hey BRB, i gotta attend this snowball fight in hell...Good Luck

    Quote Originally Posted by prokaryote View Post
    I am screwed for the rest of my life even though my crime was so meaningless?
    Sounds like 13.5 months meaningless.....come on get real

  8. #8
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    Private, Pennsylvania
    (Montgomery County)
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    Default Re: Ex-Felon wants to have gun rights back...

    to correct a thread title issue here, you are an ex-con, not an ex-felon, you are still a convicted felon under the law, which is why you still have a firearms disability.

    your only solution here is to hope a lawyer can assist in getting you a pardon.
    "Oderint Dum Metuant" - BMFH

    "Tact is for people not witty enough to use sarcasm"

    Note: any whingeing crazy that hits my PM inbox will be deleted without reply

  9. #9
    Join Date
    Apr 2007
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    Pittston, Pennsylvania
    (Luzerne County)
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    Default Re: Ex-Felon wants to have gun rights back...

    Well off to the rodeo

  10. #10
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    Sep 2008
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    Northeast, Pennsylvania
    (Luzerne County)
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    Default Re: Ex-Felon wants to have gun rights back...

    I am screwed for the rest of my life even though my crime was so meaningless?
    Let me ask this; did you know, prior to committing a Federal felony offense, that what you were about to do was a crime? I'd have to guess you probably knew. That means, you knowing violated a serious law. You'll have a hard time convincing me anything worthy of 1yr + of confinement is meaningless. So you have proven, by previous actions that you deem some of the laws shouldn't apply to you. This is the basis of you losing, or surrendering, your RKBA. You had that right, but gave it when when you chose to commit a crime.

    White-collar crime is crime, someone suffered from your actions. Be it a financial burden, or emotional distress or something else. Now you have to pay the price.

    I do feel for you not be able to arm yourself in the looming years, but some time back in the '90's you gave that option up.

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