Prohibited persons

[normanvin]

I was talking with a guy today. the question of prohibited persons had come up this brought up a few questions.

1. If you are found guilty of a crime how long do you have to remove firearms from your life?

2. Does the court come and retrieve what you own?

3. does the court contact the sheriff to revoke you carry license?

[JCWohlschlag]

1. If you are found guilty of a crime how long do you have to remove firearms from your life?

I believe the official answer to this is in 18 Pa.C.S. § 6105 (a)(2).

18 Pa.C.S. § 6105: Persons not to possess, use, manufacture, control, sell or transfer firearms

(a) Offense defined.--

…

(2)

(i) A person who is prohibited from possessing, using, controlling, selling, transferring or manufacturing a firearm under paragraph (1) or subsection (b) or (c) shall have a reasonable period of time, not to exceed 60 days from the date of the imposition of the disability under this subsection, in which to sell or transfer that person’s firearms to another eligible person who is not a member of the prohibited person’s household.

(ii) This paragraph shall not apply to any person whose disability is imposed pursuant to subsection (c)(6).

…

(c) Other persons.--In addition to any person who has been convicted of any offense listed under subsection (b), the following persons shall be subject to the prohibition of subsection (a):

…

(6) A person who is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. § 6108, which order provided for the relinquishment of firearms during the period of time the order is in effect. This prohibition shall terminate upon the expiration or vacation of an active protection from abuse order or portion thereof relating to the relinquishment of firearms.

…

…

2. Does the court come and retrieve what you own?

3. does the court contact the sheriff to revoke you carry license?

I will defer answering these to those with more experience or expertise in the subject, as I believe the answers depend upon specific circumstances and all that.

[gnbrotz]

I doubt the courts do anything, because they have no idea who is and isn't licensed (in most cases, at least). I also don't know if Sheriff's keep up with local convictions and check to see if revocation is called for.

However, the LTCF application, that every applicant/recipient signs contains the following statement:

I have never been convicted of a crime that prohibits me from possessing or acquiring a firearm under Federal or State law. I am of sound mind and have never been committed to a mental institution. I hereby certify that the statements contained herein are true and correct to the best of my knowledge and belief. I understand that, if I knowingly make any false statements herein, I am subject to penalties prescribed by law. I authorize the sheriff, or his designee, or, in the case of first class cities, the chief or head of the police department, or his designee, to inspect only those records or documents relevant to information required for this application. If I am issued a license and knowingly become ineligible to legally possess or acquire firearms, I will promptly notify the sheriff of the county in which I reside or, if I reside in a city of the first class, the chief of police of that city.

[tl_3237]

JCW is correct that Pa gives you 60 days to dispossess yourself of firearms HOWEVER many of the crimes listed in 6105 are also Federally prohibiting under 18 USC 922(g). Unfortunately I cannot find where Federal law affords ANY provision for delay - the dispossession must be immediate.

ETA here is what the ATF recommends for a domestic violence disqualifier 922(g)(9). I would think it would be the same for the other disqualifiers:

(Q12) What should an individual do
if he or she has been convicted of
a misdemeanor crime of domestic
violence?

Individuals subject to this disability
should immediately dispose of their
firearms and ammunition. ATF recommends
that such persons transfer
their firearms and ammunition to a
third party who may lawfully receive
and possess them, such as their attorney,
a local police agency, or a
Federal firearms dealer. The continued
possession of firearms and ammunition
by persons under this
disability is a violation of law and may
subject the possessor to criminal penalties.
In addition, such firearms and
ammunition are subject to seizure and
forfeiture.
[18 U.S.C. 922(g)(9) and 924(d)(1), 27
CFR 478.152]