Pennsylvania Firearm Owners Association
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  1. #1
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    (Mercer County)
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    Default Looking for a little legal advise. or opinions.

    i posted on here a while back to find a way to get relief from firearms disability due to a juvenile record in florida when i was 11. to all those with helpful advise i thank you ahead of time. those with any negative please move on.

    i found a lawyer that can go about doing the "relief from firearms disability" for a good price. the snag i ran into is its been 9 years and 6105 subsection D2 says that 10 years must past from last conviction. is there any way around that? 6105 subsection d1 says

    "The conviction has been vacated under circumstances where all appeals have been exhausted or where the right to
    appeal has expired."

    what that means to me is that if i have exhausted every other possibility (which i have) that i am exempt from the 10 year rule. since i cant expunge it nor get a pardon in the state of florida. thats what i am taking in from reading it. i know whats another year. its a life time for me. if i can get this done and over with i can get into the police academy for my act 120 and become a local police officer. i have my AAS in CJ graduated with a 3.48 gpa. so i am not a hoodlum or criminal. im trying to get somewhere in life. and right now i just need a little help getting there. so please if you have any good advise or suggestions let me know. and please refrain from any negativity. as to i am not here for that. just looking for a little assistance.

    Thank you all,
    Matt

  2. #2
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    Default Re: Looking for a little legal advise. or opinions.

    If your lawyer can't interpret that for you, maybe you need a different lawyer.

  3. #3
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    Default Re: Looking for a little legal advise. or opinions.

    Quote Originally Posted by HiredGoon View Post
    If your lawyer can't interpret that for you, maybe you need a different lawyer.
    Sorry i failed to mention i havent been able to run it past him yet. he closed at 4 today. i was just doing a little research before i go on spending money on it if i do have to wait another year.

  4. #4
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: Looking for a little legal advise. or opinions.

    If you were adjudicated delinquent I think it is 15 years or the age of 30, which ever happens first.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  5. #5
    Join Date
    Oct 2006
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    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: Looking for a little legal advise. or opinions.

    Quote Originally Posted by knight0334 View Post
    If you were adjudicated delinquent I think it is 15 years or the age of 30, which ever happens first.
    hah!

    We would need to know what the crime was and what the adjudication was.

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

    (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):
    (8) A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense enumerated in subsection (b) with the exception of those crimes set forth in paragraph (7). This prohibition shall terminate 15 years after the last applicable delinquent adjudication or upon the person reaching the age of 30, whichever is earlier.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  6. #6
    Join Date
    Dec 2008
    Location
    Windsor Twsp., Pennsylvania
    (York County)
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    Default Re: Looking for a little legal advise. or opinions.

    Arguing with yourself now?

    Well... I guess I won't be asking you for any T3s.
    While many claim to support the right, precious few support the practice.

  7. #7
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: Looking for a little legal advise. or opinions.

    Quote Originally Posted by Curmudgeon View Post
    Arguing with yourself now?

    Well... I guess I won't be asking you for any T3s.

    Sometimes the most intelligent conversation you can have is with yourself.. lol
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  8. #8
    Join Date
    Dec 2006
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    Bucks, Pennsylvania
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    Default Re: Looking for a little legal advise. or opinions.

    Quote Originally Posted by mpasley89 View Post
    i posted on here a while back to find a way to get relief from firearms disability due to a juvenile record in florida when i was 11. to all those with helpful advise i thank you ahead of time. those with any negative please move on.

    i found a lawyer that can go about doing the "relief from firearms disability" for a good price. the snag i ran into is its been 9 years and 6105 subsection D2 says that 10 years must past from last conviction. is there any way around that? 6105 subsection d1 says

    "The conviction has been vacated under circumstances where all appeals have been exhausted or where the right to
    appeal has expired."

    what that means to me is that if i have exhausted every other possibility (which i have) that i am exempt from the 10 year rule. since i cant expunge it nor get a pardon in the state of florida. thats what i am taking in from reading it. i know whats another year. its a life time for me. if i can get this done and over with i can get into the police academy for my act 120 and become a local police officer. i have my AAS in CJ graduated with a 3.48 gpa. so i am not a hoodlum or criminal. im trying to get somewhere in life. and right now i just need a little help getting there. so please if you have any good advise or suggestions let me know. and please refrain from any negativity. as to i am not here for that. just looking for a little assistance.

    Thank you all,
    Matt
    With few exceptions, 11 year old kids don't have convictions, they have "adjudications of delinquency". Maybe it's different in Florida. But it sounds like your prohibition is under 6105 (c)(7) or (8). (It doesn't help that the statute uses the word "conviction" repeatedly to include juvenile adjudications. Poor drafting.)

    The section you quote, d(1), applies only to convictions that have been vacated (the defendant's conviction was reversed by an appellate court) and the time for the DA to appeal has expired, so the reversal is final. It doesn't apply to convictions that are final, or to adjudications of delinquency that have not been reversed.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  9. #9
    Join Date
    Jan 2011
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    grove city, Pennsylvania
    (Mercer County)
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    Default Re: Looking for a little legal advise. or opinions.

    Quote Originally Posted by GunLawyer001 View Post
    With few exceptions, 11 year old kids don't have convictions, they have "adjudications of delinquency". Maybe it's different in Florida. But it sounds like your prohibition is under 6105 (c)(7) or (8). (It doesn't help that the statute uses the word "conviction" repeatedly to include juvenile adjudications. Poor drafting.)

    The section you quote, d(1), applies only to convictions that have been vacated (the defendant's conviction was reversed by an appellate court) and the time for the DA to appeal has expired, so the reversal is final. It doesn't apply to convictions that are final, or to adjudications of delinquency that have not been reversed.
    Florida statute 985.35(6) or 985.045(4) states that it is not a conviction nor can impose civil disabilities nor can anyone use it as such. Im looking for a way around the 10 year wait. Its been 9 years but another year seems forever.

  10. #10
    Join Date
    Apr 2010
    Location
    Seneca, Pennsylvania
    (Venango County)
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    Default Re: Looking for a little legal advise. or opinions.

    Quote Originally Posted by knight0334 View Post
    If you were adjudicated delinquent I think it is 15 years or the age of 30, which ever happens first.

    That is correct!!
    You know why a banana is like a politician?
    When he first comes in he is green, then he turns yellow and then he's rotten.

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