Charge Vs Conviction

[tsafa]

I was having a discussion this morning over what constitutes a prohibited person in PA. We agreed that it was any Felony or Misdemeanor 1 conviction... The area of uncertainty is of the time period between when the arrest is made and a verdict or dismissal.

My thoughts were that the "charge" did not automatically make the person a prohibited person, since the charge can either be pleaded down or dismissed and a person is entitled to due process. However... logic may not rule the day. Does anyone know how the Federal Instant Check System handle arrest cases that are pending for Felonies and Misdemeanor 1? Does it come up on their radar? Is it a pass or fail? Thanks.

[knight0334]

Charges that you have been indicted on will temporarily prohibit you on the federal level, then you have to deal with any of PA's restriction on top of that:

from the 4473:

b. Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for
more than one year? (An information is a formal accusation of a crime by a prosecutor. See Definition 3.)

3. Under indictment or information or convicted in any court: An indictment, information, or conviction in any Federal, State, local, or foreign court.

To the best of my knowledge, the initial charge by the police isn't prohibiting - but if the DA follows through, you are if the crime is a felony or a crime which a judge could imprison you for more than one year. Which that 1 year thing is defined as the following under Federal law.

18 U.S.C. § 921 : US Code - Section 921: Definitions

(20) The term "crime punishable by imprisonment for a term
exceeding one year" does not include -
(A) any Federal or State offenses pertaining to antitrust
violations, unfair trade practices, restraints of trade, or other
similar offenses relating to the regulation of business
practices, or
(B) any State offense classified by the laws of the State as a
misdemeanor and punishable by a term of imprisonment of two years
or less.
What constitutes a conviction of such a crime shall be determined
in accordance with the law of the jurisdiction in which the
proceedings were held. Any conviction which has been expunged, or
set aside or for which a person has been pardoned or has had civil
rights restored shall not be considered a conviction for purposes
of this chapter, unless such pardon, expungement, or restoration of
civil rights expressly provides that the person may not ship,
transport, possess, or receive firearms.

[donm]

We agreed that it was any Felony or Misdemeanor 1 conviction...

Not exactly true . . . Some non-violent felonies are not prohibiting, and some lesser misdemeanors (e.g., impersonating a public official if you were impersonating law enforcement) are.

[MDJschool]

I don't think there's any PA prohibitors on ownership/possession related to being charged or under information.

However, there are the following limited prohibitions for those under information or indictment under federal law:

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(n) It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

The above are subject to the following definitions in 18 usc 921:

(14) The term “indictment” includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.

(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include— . . .

* * * * *

As far as § 921(a)(14), I would assume that 'information' is what a DA files after a preliminary hearing sees charges bound over, so a person who has been arrested and charged by complaint would not be subject to 922(d) and (n) until that time. However, that's something I'd have to do more research on to be sure.