Does my prior criminal history prevent me from obtaining a LTCF or owning firearms?

[gnbrotz]

47 yr's ago we had a theft charge of a item for copper. It went to court & i rec'd 2 yr. probation at the time. This is the only thing on my record. So whoever i talked to in the license office he said the reason is that the penalty of probation could have been worst. What can i do to get this straightened out. Thanks!

Step #1: Determine exactly what grade of crime you were charged with. You might be able to find your records here, but it could be a long shot because of the time involved.

The person you spoke to is correct in that it matters what the maximum penalty could have been, rather than the penalty that you actually received.

[Woodrow]

I have a rather tricky question, or questions. First, the background:

Over 30 years ago, I got in a fight in a bar (out of state ... and I tried to avoid the fight, but failed), and ended up with a felony conviction. I've had no legal issues since (except a few minor traffic violations). I figure it's pretty much hopeless I can ever legally own or possess a gun, though I would like to go hunting, and am considering bow hunting.

Recently, my father passed away. He was an avid hunter and owned several hunting rifles. These are now at the home of his brother.

I have two sons, 11 and 13, who my father wanted the guns to go to. Needless to say, they live with me.

I also want them to learn to shoot, and my wife agrees it would be good for her and them to learn.

So the obvious questions:

1) How can I pass these guns to my sons? My uncle (my father's brother, who is holding the guns) is up in years, and I'd feel safer without planning to leave them with him until my sons turn 18, or however old they'd need to be to legally own guns.

2) Can my sons, or my wife, own rifles, and keep them in our home, without me being potentially charged with illegal "possession"? What exactly constitutes "possession"?

I want to make clear I'm not looking for some way to skirt around the illegal ownership / possession issue. It's purely that hunting has been a tradition in my family, and I'd like that my legal disability not interfere with my sons' ability to enjoy this tradition, or interfere with their ability to become competent and responsible gun owners and shooters, which I believe would make them better Americans.

I've tried to find answers to this on the internet, but can't find anything.

[gnbrotz]

Whether the uncle lives in PA or not, a FFL (licensed dealer) will be needed to lawfully transfer the guns to your wife.

There should be no problem keeping the firearms in your home, provided they are secured in a manner which prevents you from accessing them in any way. They should be secured with a lock which you do not possess a key to, or in a safe which you do not have the combination to.

While your sons can legally use the firearms, (with or without supervision depending on the circumstances), they cannot maintain full and unlimited custody and control of the rifles until they turn 18.

[Woodrow]

Whether the uncle lives in PA or not, a FFL (licensed dealer) will be needed to lawfully transfer the guns to your wife.

He does live in PA, as did my father. We never did anything to legally transfer them to my uncle after my father's death, just had him pick up the guns at the house. Furthermore, some of those rifles belonged to my grandfather and were similarly passed to my father. I don't believe there is any record of these guns anywhere. Can guns be lawfully transferred to my wife, from someone who is in possession of them, but ... well, the whole question of who legally owns them today is kinda vague. They were my fathers for as long as I remember, and he died.

There should be no problem keeping the firearms in your home, provided they are secured in a manner which prevents you from accessing them in any way. They should be secured with a lock which you do not possess a key to, or in a safe which you do not have the combination to.

This will probably be what she'll need to do, though I worry whether the law would see it as that way (not that I expect it would ever come to the attention of the law, but just in case, I want everything to be legal).

Related question: Can she purchase a rifle from a licensed dealer, for use at ranges with my sons? Would the forms she'd need to fill out inquire whether she was married to or living with someone precluded from gun possession?

Thanks

[customloaded]

He does live in PA, as did my father. We never did anything to legally transfer them to my uncle after my father's death, just had him pick up the guns at the house. Furthermore, some of those rifles belonged to my grandfather and were similarly passed to my father. I don't believe there is any record of these guns anywhere. Can guns be lawfully transferred to my wife, from someone who is in possession of them, but ... well, the whole question of who legally owns them today is kinda vague. They were my fathers for as long as I remember, and he died.



This will probably be what she'll need to do, though I worry whether the law would see it as that way (not that I expect it would ever come to the attention of the law, but just in case, I want everything to be legal).

Related question: Can she purchase a rifle from a licensed dealer, for use at ranges with my sons? Would the forms she'd need to fill out inquire whether she was married to or living with someone precluded from gun possession?

Thanks

As per your wife purchasing or owning. Nope, no questions about who she is married to or lives with. Yes, she could purchase and take the boys but again, the firearms must be locked and you cannot have access, PERIOD.

The firearms within the family can be given to your wife without an FFL as they are long guns. Any handgun must go through an FFL. Again, rifles and shotguns can be given (sold for a buck if that makes you feel better but not necessary) to your wife without an FFL but any pistol, revolver, semi-auto handgun must go through an FFL.

As for your situation. Based on the number of years that have passed, you may apply to have your record expunged and a pardon etc...I highly encourage you to look into do this and become "Whole" again.

CL

[nrodgers]

I went to try to transfer a gun today and the pic system declined me. The only trouble ive ever been in was an assault charge when i was 15 or 16. I did a year of probabtion and the judge said as long as i did probation that when i turned 18 my record would be expunged.

Would this prevent me from owning a firearm since it should have been expunged. and if not is it worth filing the challenge.

my friend suggested i should apply for a concealed carry permit to see if that declines me. what do you guys think

[RHGregory3]

I went to try to transfer a gun today and the pic system declined me. The only trouble ive ever been in was an assault charge when i was 15 or 16. I did a year of probabtion and the judge said as long as i did probation that when i turned 18 my record would be expunged.

Would this prevent me from owning a firearm since it should have been expunged. and if not is it worth filing the challenge.

my friend suggested i should apply for a concealed carry permit to see if that declines me. what do you guys think

Fill out the challenge form you recieved when you were denied. It's your best bet on finding out "why" and possibly getting it reversed.

[nrodgers]

Fill out the challenge form you recieved when you were denied. It's your best bet on finding out "why" and possibly getting it reversed.

thanks. i have it filled out already. was just debating whether to apply for a ltcf and see if that denied and if so why or to just send in challenge form.

[whoshisface]

I went to try to transfer a gun today and the pic system declined me. The only trouble ive ever been in was an assault charge when i was 15 or 16. I did a year of probabtion and the judge said as long as i did probation that when i turned 18 my record would be expunged.

Would this prevent me from owning a firearm since it should have been expunged. and if not is it worth filing the challenge.

my friend suggested i should apply for a concealed carry permit to see if that declines me. what do you guys think

I would say your friend is not too bright.

Pay $15 or whatever it costs and do your own background check on the psp website. Then when you find that your record is not exponged scream your head off and flayel your arms about. Post again how you cannot believe you have to go through this shit. Ask if you need a lawyer, then either do nothing and disappear from this site never owning a gun in your life and having your record pop up when employers check you and pass you over for jobs or get it fixed. As you can see we've all seen this post before.

[whoshisface]

thanks. i have it filled out already. was just debating whether to apply for a ltcf and see if that denied and if so why or to just send in challenge form.

It would be denied for the same freaking reason as the first one, 90% chance your record wasn't exponged 10% chance you have an order of protection,warrants for something, your name matches someone else's or your id has been stolen and some guy is robbing banks and giving out your name and social when he gets arrested.