How to restore gun rights for misdemeanor 2?
Asking for a friend - he was jammed up a long time ago - at least 12 years. He's under the impression that the only way to get his gun rights restored is a governor pardon. Is that correct? Is gunlawyer still around? (I have not posted here in a while). Any help would be appreciated.
Re: How to restore gun rights for misdemeanor 2?
Quote:
Originally Posted by
soccerdad
Asking for a friend - he was jammed up a long time ago - at least 12 years. He's under the impression that the only way to get his gun rights restored is a governor pardon. Is that correct? Is gunlawyer still around? (I have not posted here in a while). Any help would be appreciated.
What was the misdemeanor for? If it's an M1 or for violence or drugs a pardon is the only way. If it's non-violent M2 or an M3 I do not think he is prohibited but I would defer to a lawyer on it.
Re: How to restore gun rights for misdemeanor 2?
Quote:
Originally Posted by
Walleye Hunter
What was the misdemeanor for? If it's an M1 or for violence or drugs a pardon is the only way. If it's non-violent M2 or an M3 I do not think he is prohibited but I would defer to a lawyer on it.
assuming this is accurate, best of luck getting a pardon from King Wolf
Re: How to restore gun rights for misdemeanor 2?
Quote:
Originally Posted by
pens87pgh
assuming this is accurate, best of luck getting a pardon from King Wolf
As long as pardons take it will probably be his successor.
Re: How to restore gun rights for misdemeanor 2?
Quote:
Originally Posted by
soccerdad
Asking for a friend - he was jammed up a long time ago - at least 12 years. He's under the impression that the only way to get his gun rights restored is a governor pardon. Is that correct? Is gunlawyer still around? (I have not posted here in a while). Any help would be appreciated.
If it's a single Pennsylvania M2 for domestic violence, then yes, he needs a Pardon. Most other M2's are not punishable by more than 2 years, and most are not "enumerated offenses".
Re: How to restore gun rights for misdemeanor 2?
Not a lawyer, but here is my understanding.
State misdemeanors of MORE than 2 years are prohibiting. That is the potential maximum that could be sentenced. 2 years isn't prohibiting in and of itself. 2 years an 1 day is.
If the misdemeanor is classified as domestic violence, it doesn't matter what the maximum could be, it is prohibiting.
Also, it depends on when the offense happened, and what the law was at that time. Drunk driving convictions have a lot of pitfalls due to the changing sentencing options.
Get a lawyer that is a specialist in this field. A generalist may not have the specialized knowledge needed to do this correctly.
Re: How to restore gun rights for misdemeanor 2?
Quote:
Originally Posted by
t1066
Not a lawyer, but here is my understanding.
State misdemeanors of MORE than 2 years are prohibiting. That is the potential maximum that could be sentenced. 2 years isn't prohibiting in and of itself. 2 years an 1 day is.
If the misdemeanor is classified as domestic violence, it doesn't matter what the maximum could be, it is prohibiting.
Also, it depends on when the offense happened, and what the law was at that time. Drunk driving convictions have a lot of pitfalls due to the changing sentencing options.
Get a lawyer that is a specialist in this field. A generalist may not have the specialized knowledge needed to do this correctly.
Thanks all - I got Phil's email and gave it to him. Looked up the charges - FYI - it's a M1 gun possession M2- DUI
Re: How to restore gun rights for misdemeanor 2?
Quote:
Originally Posted by
soccerdad
Thanks all - I got Phil's email and gave it to him. Looked up the charges - FYI - it's a M1 gun possession M2- DUI
That's a bummer of an M1 to have.
Re: How to restore gun rights for misdemeanor 2?
Quote:
Originally Posted by
soccerdad
Thanks all - I got Phil's email and gave it to him. Looked up the charges - FYI - it's a M1 gun possession M2- DUI
Phil posted while I was writing my reply, or I wouldn't have chimed in. If your friend wants to pursue a pardon, Phil is a good choice.
Re: How to restore gun rights for misdemeanor 2?
Why would possession of a gun be a crime for someone with no other crimes?