purchasing a firearm help.

[demizethatlag]

Hi guys I'm new on here and I had a quick question for ya..
About 3 years ago I was convicted of simple assault m2(non-domestic)..my license to carry was taken from me..not for the simple assault but because they tried to charge me with agg assault.which was dropped in court..ok so now I was convicted of the simple assault, placed on two years probation and had 60 days to get rid of my firearms...before I tried to get my license back I had to wait for the probation to be done and over with...as of right now I'm off probation and I appealed the decision on the court to get my license back..I went to court for it already and I won...The court only has two more weeks to re appeal it..my question is right now I'm I able to go purchase a new firearm without any problem..I was thinking I'm able to due the state allowing me to have back my license..would it make sense to have a license but can't go buy a gun? Pls help me out..I don't want to go to the store this Friday and be DENIED or locked up..

[knight0334]

You should be ok.

But that doesn't mean you wont get a delay or a denial. If denied, you'll just have to challenge it with the State Police(the FFL will give you a form to fill out and mail to the PSP).

[dazeeman]

You should be ok.

But that doesn't mean you wont get a delay or a denial. If denied, you'll just have to challenge it with the State Police(the FFL will give you a form to fill out and mail to the PSP).

Knight, did you check the "books" on this as you usually do? You usually post the relevant statute. I was once charged with a Simple Assault (don't remember grade) but I remember being scared because max was like 2 years in PA for that charge.

But just double checking to help and keep the OP out of trouble.

[demizethatlag]

Thought I read somewhere a misdemeanor that carries a jail term exceeding more than two years..but does it makes any sense that them would grant me my license to carry back

[dazeeman]

Thought I read somewhere a misdemeanor that carries a jail term exceeding more than two years..but does it makes any sense that them would grant me my license to carry back

I missed the part where you say that they gave your LTCF back. It's very interesting as it seems that M2 in PA is punishable by a maximum of 2 years.

[tl_3237]

I missed the part where you say that they gave your LTCF back. It's very interesting as it seems that M2 in PA is punishable by a maximum of 2 years.

An M2 simple assault in PA indeed does carry maximum two-year sentence.

Confusing as it is, the plain reading of the "crime punishable by imprisonment exceeding one year" does not actually comport with the statutory definition.

18 PA CS §6102

"Crime punishable by imprisonment exceeding one year." The term does not include any of the following:

(1) Federal or State offenses pertaining to antitrust, unfair trade practices, restraints on trade or regulation of business.

(2) State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years.

BTW the Federal firearm statutes have a comparable definition.

[demizethatlag]

Yea is won the appeal for it back..it was almost two weeks ago so they got another two weeks to try to appeal.pls someone help me out...don't know what to do..

[demizethatlag]

An M2 simple assault in PA indeed does carry maximum two-year sentence.

Confusing as it is, the plain reading of the "crime punishable by imprisonment exceeding one year" does not actually comport with the statutory definition.



BTW the Federal firearm statutes have a comparable definition.

So does that mean I'm good to go? I don't know a lot about the legal system...

[knight0334]

Knight, did you check the "books" on this as you usually do? You usually post the relevant statute. I was once charged with a Simple Assault (don't remember grade) but I remember being scared because max was like 2 years in PA for that charge.

But just double checking to help and keep the OP out of trouble.

No. I just know the law on this matter.

The prohibition starts at 2 years + 1 second(except domestic misdemeanors). A PA M2 has a max possible of 2 years.

[knight0334]

So does that mean I'm good to go? I don't know a lot about the legal system...

You should be good to go. But like I said earlier, it doesn't mean they wont delay or deny you. ..if denied, just challenge the denial.

You are not prohibited.