Purchasing Firearm or LTCF as a Felon

**Montanya** · November 9th, 2007, 05:28 PM

If you have a non-violent felony on your record can you still purchase a firearm or get a LTCF? I know someone who said they have legally purchased firearms and got a LTCF. The person is a "number runner" and has gotten arrested for that several times. Just wanna know if I can call bullshit on them or not.

**The Drew** · November 9th, 2007, 05:37 PM

If they have been CONVICTED of a felony then NO they cannot legally purchase or get a LTCF, however someone who's been arrested a lot doesn't necessarily mean that they're a felon. may have been misdemeanors or plead down to misdemeanors...

**NineseveN** · November 9th, 2007, 05:39 PM

Prohibitions under federal law (as it applies in Pennsylvania) include: Under indictment for, or conviction of a misdemeanor offense for which the maximum prison term may exceed two years, or a felony, if the maximum prison term exceeds one year.

So any felony (since all felonies are punishable by more than 1 year in PA) and any First Degree Misdemeanor (since the maximum is 5 years, which is greater than 2 years). Also remember, it doesn't matter if you're only sentenced to 1 year for a First Degree Misdemeanor, the disqualifying rule is whether or not you COULD have received more than 2 years for a misdemeanor.

§ 1103. Sentence of imprisonment for felony.
Except as provided in 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses), a person who has been convicted of a felony may be sentenced to imprisonment as follows:
(1) In the case of a felony of the first degree, for a term which shall be fixed by the court at not more than 20 years.
(2) In the case of a felony of the second degree, for a term which shall be fixed by the court at not more than ten years.
(3) In the case of a felony of the third degree, for a term which shall be fixed by the court at not more than seven years.

§ 1104. Sentence of imprisonment for misdemeanors.
A person who has been convicted of a misdemeanor may be sentenced to imprisonment for a definite term which shall be fixed by the court and shall be not more than:
(1) Five years in the case of a misdemeanor of the first degree.
(2) Two years in the case of a misdemeanor of the second degree.
(3) One year in the case of a misdemeanor of the thirddegree.

§ 1105. Sentence of imprisonment for summary offenses.
A person who has been convicted of a summary offense may be sentenced to imprisonment for a term which shall be fixed by the court at not more than 90 days. (Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff. 60 days)

**DaveM55** · November 10th, 2007, 05:10 AM

Maybe this person purchased it "legally" by giving false information. Or he doesn't want you to turn him in the the police.

**Montanya** · November 10th, 2007, 05:22 AM

Originally Posted by DaveM55

Maybe this person purchased it "legally" by giving false information. Or he doesn't want you to turn him in the the police.

Well the way it was presented he said he spoke to the sheriff and that the sheriff let him get a LTCF since the felonies were not "violent" or "gun related" I wanted to really call bullshit on the spot but figured I would do some research first. I figured that a felony is a felony in the eyes of firearms laws and that there was no distinction between one felony over another, as long as you were found guilty and the POSSIBLE penalty was over a year term that you could not purchase a firearm or get a LCTF even if the actual penalty you got was less than a year.

My thing is this..is there any felony that WOULDN'T prevent you from getting a LTCF or purchasing a handgun? Like if he got busted for running an illegal gambling operation (which is what his arrests would be for) I would think at the VERY MINIMUM that would fall under the "likely to act in an unsafe or illegal manner" that they have on the LTCF app/laws.

**DaveM55** · November 10th, 2007, 05:45 AM

There is no felony that would still allow him to legally be issued a LTCF in Pa. If he tries to purchase a handgun the PICS check will deny him.

**vic2367** · November 10th, 2007, 05:56 AM

simple,,,ask too see his ltcf,,,

**mikepro8** · November 12th, 2007, 10:49 AM

PA Law and Federal Law differ on this a bit... Under the federal law, even if convicted of some misdemeanors in PA, they are federally precluded from carrying firearms. Misdemeanors of the first degree, for example. Under federal law, anyone convicted of a crime that is punishable of more than a year in jail, is federally prohibited. SO, some misdemeanors in PA count as felonies in the Fed's eyes. Also, If convicted of domestic violence, the fed also says no firearms. Simple Assault is only a misdemeanor 2, which is NOT punishable by more than a year in jail, under ferdal law precludes the person from owning a firearm.