Pennsylvania Firearm Owners Association
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  1. #1
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    Default Does my prior criminal history prevent me from obtaining a LTCF or owning firearms?

    Since the above questions get asked fairly frequently, I thought the information contained here may help some answer those questions for themselves. Below is a chart showing the minimum and maximum sentences for various grades of crimes in Pa. I've also attached it as a .pdf if you'd like to download it for future reference.


    Just about everyone knows that "felons can't have guns", but don't realize that many non-felons are disqualified from licensing or ownership too. The points below are not all-inclusive, but rather reflect what seems to be the most common disqualifying offenses.

    Disqualifying offenses for Pa. LTCF
    *Any conviction under The Controlled Substance, Drug, Device and Cosmetic Act, regardless of sentence (per 18 PACS §6109(e)(1)(ii).
    *Any conviction on a Misdemeanor 1 or higher (per §6109(e)(1)(viii), unless such disability has been waived or pardoned (per 18 PACS §6123). The noted statute prohibits licensing of anyone convicted of a charge that is "punishable by imprisonment for a term exceeding one year." §61O2 further clarifies that this does not include "State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years."

    Disqualifying offenses for firearm ownership
    *Any conviction on a Misdemeanor 1 or higher (per US Title 18, §922(g)(1)). The noted statute prohibits possession by anyone convicted of "a crime punishable by imprisonment for a term exceeding one year", but §921 clarifies that this does not include "any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices" or "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Potential avenues of relief from this disability are contained in US Title 18, §925.
    *Any conviction in any court of a misdemeanor crime of domestic violence (per US Title 18, §922(g)(9)).

    For more complete information on disqualifications, you can find the relative statutes at the links below.

    1) License to Carry Firearms (LTCF)
    18Pa.C.S.§6109(e) lists the prohibiting criteria for LTCF issuance. Notice that as part of the list it refers to and uses the same enumerated offenses as possession, 18Pa.C.S.§6105(b)&(c), as well as some other more narrowly defined and open to sheriff interpretation items (such as habitual drunkard).

    2) Possession
    18Pa.C.S.§6105(b) and (c) is a list of enumerated offenses (b) and other disqualifying criteria (c) that would prohibit you from ownership/possession in Pa.

    If you have a legal disablity
    Details below are for PA. Process may vary in other states.

    It may be possible to have your rights restored if you can successfully obtain a pardon and have your record expunged.

    Pardons require several stages. First you have to apply and produce documents, and you have to persuade the Board of Pardons to grant you a hearing. It takes up to a year to get a response to the petition, before you know whether you'll get a hearing. If they don't grant the hearing, then you stop there.

    If you're granted a pardon, then you need an expungement from Common Pleas court. This will be a non-contested hearing.

    Your chances are better with a lawyer, as in all legal proceedings.

    I am not a lawyer. The above information is presented based on my personal interpretation of the cited statutes and Pa.'s Sentencing Framework. If you are an attorney and note any errors, please let me know so I can make a correction ASAP.
    Attached Files Attached Files
    Last edited by gnbrotz; November 17th, 2010 at 05:37 PM.

  2. #2
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    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    well.....there are exceptions to the one year law, state crimes have to be more than 2 years possible. but all in all a good guide.....


    http://www4.law.cornell.edu/uscode/u...1----000-.html

    § 921. Definitions

    (20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
    (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
    (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

  3. #3
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    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    Great idea! Maybe this should be a sticky?

    "you have no power; here is the power; feel the power, brat, and then speak again of how you come to kill the Eternal."
    Pennywise The Clown

  4. #4
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    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    Quote Originally Posted by chesire17201 View Post
    well.....there are exceptions to the one year law, state crimes have to be more than 2 years possible. but all in all a good guide.....


    http://www4.law.cornell.edu/uscode/u...1----000-.html

    § 921. Definitions

    (20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
    (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
    (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.
    THANK YOU!

    I had the 'two-year' thing stuck in my head, and was surprised to find contrary info. Your cite clears that up, and I'll modify the OP accordingly.
    Last edited by gnbrotz; November 9th, 2008 at 11:41 AM.

  5. #5
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    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    IMO, this post is not complete without the links (or text) of the Pa. law...

    1) Possession
    18Pa.C.S.§6105(b) and (c)
    is a list of enumerated offenses (b) and other disqualifying criteria (c) that would prohibit you from ownership/possession in Pa.

    2) License to Carry Firearms (LTCF)
    18Pa.C.S.§6109(e)
    lists the prohibiting criteria for LTCF issuance. Notice that as part of the list it refers to and uses the same enumerated offenses as possession, 18Pa.C.S.5105(b)&(c), as well as some other more narrowly defined and open to sheriff interpretation items (such as habitual drunkard).
    _________________________________________

    danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
    you won't, I will not sit with my thumb up my bum and complain, because you will.
    Remember Meleanie

  6. #6
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    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    Excellent additions. I'll add them into the OP.

  7. #7
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    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    You need to add any misdemeanor conviction for domestic abuse too under federal law.

  8. #8
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    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    Quote Originally Posted by knight0334 View Post
    You need to add any misdemeanor conviction for domestic abuse too under federal law.
    Do you have a citation? Like I said in the OP, I'm not necessarily trying to be absolutely complete, but will add things that can be verified.

    I'm not trying to eliminate these questions completely, but can hopefully reduce the number for those who know the grading of past convictions and can figure it out on their own without posting publicly or sharing their own specifics if they don't wish to.

  9. #9
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    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    Quote Originally Posted by gnbrotz View Post
    Do you have a citation? Like I said in the OP, I'm not necessarily trying to be absolutely complete, but will add things that can be verified.

    I'm not trying to eliminate these questions completely, but can hopefully reduce the number for those who know the grading of past convictions and can figure it out on their own without posting publicly or sharing their own specifics if they don't wish to.
    yup,

    http://www.law.cornell.edu/uscode/18/922(g)(9).html

    (g) It shall be unlawful for any person—
    (9) who has been convicted in any court of a misdemeanor crime of domestic violence,

  10. #10
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    Default Re: Does my prior criminal history prevent me from obtaining a LTCF or owning firearm

    Here is a link (and attachment) from the PSP to a 2 page flyer layout that answers many of the basic questions about ownership and disqualifying offenses.

    http://www.psp.state.pa.us/psp/cwp/v...p?a=4&q=169711

    "Q. What would prohibit me from lawfully possessing or purchasing a firearm?
    A. There are 37 crimes for which a conviction would prohibit a person from lawfully purchasing or possessing a firearm under the UFA. There are nine conditions which would prohibit this also."
    Attached Files Attached Files

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