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Thread: Class A misdemeanor
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October 8th, 2013, 02:50 PM #1Junior Member
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Class A misdemeanor
In 2012 I was arrested and convicted of NYC penal code 165.71 class A Misdemeanor of Trademark Counterfeit working as a street vendor, I served two days of community service.
I am planning on moving to Phili, Pa. in the near future, and as a 2a proponent, I am curious to know how this will effect any gun purchase or receiving a carriers license.
Thanks for help.
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October 8th, 2013, 03:06 PM #2Senior Member
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Re: Class A misdemeanor
It doesn't matter so much how much you paid or the time you served but what you could have been given.
A quick search gets:
S 165.71 Trademark counterfeiting in the third degree.
A person is guilty of trademark counterfeiting in the third degree
when, with the intent to deceive or defraud some other person or with
the intent to evade a lawful restriction on the sale, resale, offering
for sale, or distribution of goods, he or she manufactures, distributes,
sells, or offers for sale goods which bear a counterfeit trademark, or
possesses a trademark knowing it to be counterfeit for the purpose of
affixing it to any goods.
Trademark counterfeiting in the third degree is a class A misdemeanor.class A misdemeanor punishable by a fine of up
to one thousand dollars or by a sentence to a term of imprisonment for a
period of up to one year or by both such fine and imprisonment.
Your best bet is to talk to a lawyer.Kind Regards,
ChuckS
“The will to win is important. But the will to prepare is vital.” — Joe Paterno
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October 8th, 2013, 03:59 PM #3
Re: Class A misdemeanor
Chuck did the big legwork. Here's what you have to keep in mind: you have a Class A misdemeanor. Not something major. The problem lies in the fact that you're hoping to get an LTCF in a city that refuses to issue them to people who have parking tickets. The only 2 options I see at this junction are 1) move to a different county (which I would assume isn't an option as you're moving there for a reason); or 2) talk to a good attorney and see if an expungement isn't somehow an option. Where it stands now, you shouldn't have a problem BUYING a gun, but you'll have issue getting your LTCF to be able to carry it concealed and/or in a car.
Obligatory IANAL!
Vi veri veniversum vivus vici
(By the power of truth, I while living have conquered the universe)
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October 8th, 2013, 05:48 PM #4Banned
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Re: Class A misdemeanor
got any good chinese bootleg DVD's?
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October 8th, 2013, 10:17 PM #5
Re: Class A misdemeanor
You may also have an issue with the way the statue on sentencing is worded. Usually, misdemeanor sentences are in months not years. As such, the fact it says up to one year usually flags it as a felony, regardless of how the state of conviction wrote it up. Most states have months...ie up to 12 months incarceration.
Best of luck,
CL
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