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Thread: Could I be rejected?
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January 22nd, 2011, 01:01 AM #1Senior Member
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Could I be rejected?
I have a summary offense disorderly conduct on my record. It was for playin airsoft in a abondoned building. So I was wondering is a summary disorderly conduct grounds to get me rejected for my LTCF?
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January 22nd, 2011, 01:10 AM #2
Re: Could I be rejected?
As far as I know, a summary offense will not keep you from getting your LTCF. There may be a certain "levels" of offense as there are misdemeanors that may keep you from getting an LTCF. I have a summary offense on my record and I was able to attain my LTCF with no problems.
To know for sure, just apply for an LTCF and find out. The only thing they can do is reject you, nothing else.
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January 22nd, 2011, 02:02 AM #3
Re: Could I be rejected?
Unless they use it to invoke the Character Clause (acting in a manner that endangers the public), the answer is "no."
Junior
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January 22nd, 2011, 03:21 AM #4
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January 22nd, 2011, 06:34 PM #5Banned
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Re: Could I be rejected?
There is no such animal as "a record" for a summary conviction. Ok, Ok, sometimes. Scattering Rubbish and Retail Theft come to mind.
A criminal record is created and/or modified when fingerprints are submitted to the PSP Central Repository in Harrisburg. On a first submission a SID is created with your name on and, now, you have "a record".
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January 22nd, 2011, 08:05 PM #6Banned
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Re: Could I be rejected?
I think it's kind of disgusting that a person can be denied a right to jury trial (as with low misdemeanors and summary offenses) but still lose the right to keep and bear arms from such a conviction.
I'm not sure if any of us should be saying as a blanket matter that summary offense convictions don't impose civil disabilities. See 18 Pa.C.S. 6105:
(a)(1): "A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence . . . shall not possess, use, control, sell, transfer or manufacture . . . a firearm in this Commonwealth."
(b): "Section 3301 (relating to arson and related offenses)."
18 Pa.C.S. 3301: "(d.1) Dangerous burning.--A person commits a summary offense if he intentionally or recklessly starts a fire to endanger any person or property of another whether or not any damage to person or property actually occurs."
I don't see "offense" defined in 18 Pa.C.S. 6102, 18 Pa.C.S. 103, or 1 Pa.C.S. 1991. So what's to prevent 6105 from being applied to a dangerous burner arsonist summary offender?
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January 24th, 2011, 09:12 PM #7
Re: Could I be rejected?
Right unless they use the character and reputation excuse. However you cannot be denied purchasing of a firearm for it. You must be convicted of an Mis of the 1st degree to be denied the purchase of a firearm.
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January 25th, 2011, 12:51 AM #8
Re: Could I be rejected?
I've gotten a summary offense or two over the years. I've got an LTCF. You'll be just fine.
Selling off a a sizeable Spyderco collection here
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January 25th, 2011, 11:36 AM #9
Re: Could I be rejected?
I personally find it hard to believe you were even cited. Did the property owners insist on a citation being issued? Did the property owners come to court and testify that you were "trespassing?" How can an officer of the law enforce a law when no victim made a complaint? Where's the victims statement?
CL
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January 26th, 2011, 02:26 PM #10Senior Member
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Re: Could I be rejected?
Im pretty sure the town owned the building. It was the boiler works in east stroudsburg. They gave me the citation cuz people saw us with real looking guns and got scared so they gave us a citation for disorderly. I know I wasnt breaking the law with having airsoft guns but I was tresspassing and luckily they didnt charge me with that so I just took the ticket instead of fighting it. My teacher whos a retired state trooper told me to because he said if I fought it then they might try and charge me with tresspassing which I actually did do.
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