Pennsylvania Firearm Owners Association
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  1. #1
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    Default 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.

  2. #2
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    Default Re: Class A misdemeanor

    Quote Originally Posted by semper fi View Post
    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.
    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.
    I believe you may be within the limit but may fail on character grounds, especially in Philly. A 2012 conviction is fairly recent...that may matter too.

    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

  3. #3
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    Default Re: Class A misdemeanor

    Quote Originally Posted by semper fi View Post
    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.
    Quote Originally Posted by ChuckS View Post
    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:



    I believe you may be within the limit but may fail on character grounds, especially in Philly. A 2012 conviction is fairly recent...that may matter too.

    Your best bet is to talk to a lawyer.
    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)

  4. #4
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    Default Re: Class A misdemeanor

    got any good chinese bootleg DVD's?

  5. #5
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    Default 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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