Does simply being charged disqualify you?

**WhiteShadow** · August 15th, 2009, 04:45 PM

I have a friend of a friend that was charged with Aggravated Assault. Long story short, the charges were dropped to Simple Assault. The only thing he was convicted of was Simple Assault. Thats also the only thing that he has on his record. I am aware that a Simple Assault conviction doesnt disqualify you from owning or possessing firearms. But what about simply being charged with a felony, but not convicted of a felony?

I only ask because i remember reading a thread on here a long time ago, approx. 4 months ago, that talked about a new law that was passed that disqualified anyone who has been charged (not just convicted) with a felony.

Is this true? Or am i just totally wrong? GunLawyer? Anyone?

I'd prefer factual based responses, not heresay or speculations.

**YllwFvr** · August 15th, 2009, 06:04 PM

Originally Posted by WhiteShadow

Disregard this post.

Which one. This one? Or the thread itself?
Sorry couldn't help it!

I hadn't heard about a new law WS what have you got?

**WhiteShadow** · August 15th, 2009, 06:15 PM

I meant the second post, not the entire thread. The question still stands. I'm trying to find the thread, but its near impossible since i dont know the name of the thread.

If this istrue, it definitely goes against all of the "innocent until proven guilty" stuff.

**Eugene V. Debs** · August 15th, 2009, 07:41 PM

Originally Posted by WhiteShadow

I have a friend of a friend that was charged with Aggravated Assault. Long story short, the charges were dropped to Simple Assault. The only thing he was convicted of was Simple Assault. Thats also the only thing that he has on his record. I am aware that a Simple Assault conviction doesnt disqualify you from owning or possessing firearms. But what about simply being charged with a felony, but not convicted of a felony?

I only ask because i remember reading a thread on here a long time ago, approx. 4 months ago, that talked about a new law that was passed that disqualified anyone who has been charged (not just convicted) with a felony.

Is this true? Or am i just totally wrong? GunLawyer? Anyone?

I'd prefer factual based responses, not heresay or speculations.

No, as long as the charge isn't pending you're good. Next time you purchase from an FFL look at the questions on the form it says "have you ever been convicted" not "charged with", IIRC. I don't think you can purchase if the charge is pending, however. I've been charged with a couple of felonies myself back in the day, but my most serious conviction was a misdemeanor that carried a max of 6 months in jail, so I've never had an issue purchasing from an FFL and passing the check.

Although it is important to note that it doesn't have to actually be a felony conviction-- the nature of the crime and the length of sentence may disqualify you for certain misdemeanors too. For example, a drug conviction, even if a misdemeanor, will DQ you. There's actually a sticky on this stuff in one of the subforums. Lemme find it for you and come back.

Standard disclaimer: I am not a lawyer, and this post does not constitute legal advice of any kind.

**Eugene V. Debs** · August 15th, 2009, 07:46 PM

Here ya go--

http://forum.pafoa.org/general-2/383...-firearms.html

Like I said, if your friend has any doubts he can just go down to his local gun shop and read the form-- the wording is very clear in terms of "convicted" versus "charged"

Standard disclaimer: I am not a lawyer, and this post does not constitute legal advice of any kind.

**JP8** · August 17th, 2009, 12:00 PM

Originally Posted by Eugene V. Debs

Here ya go--

http://forum.pafoa.org/general-2/383...-firearms.html

Like I said, if your friend has any doubts he can just go down to his local gun shop and read the form-- the wording is very clear in terms of "convicted" versus "charged"

Standard disclaimer: I am not a lawyer, and this post does not constitute legal advice of any kind.

They get cute on the PICS challenge form though.
http://www.portal.state.pa.us/portal...ge-10-2008.pdf

"2. Charged with or convicted of a crime punishable by imprisonment for a term exceeding one year,
not including offenses pertaining to antitrust, unfair trade practices, restraints of trade, or
regulation of business; or state offenses classified as misdemeanors and punishable by a term of
imprisonment not to exceed two years."

I believe aggravated assault is a 2nd degree felony in PA.