Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Oct 2008
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    Fisher, Pennsylvania
    (Clarion County)
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    Default Legal question ?

    I was in Bass Pro shop the other day and was speaking to a gentleman about firearms in general.It turns out that when he was younger,he'd done some stupid thing and asked me a legal question.
    He said he was quite drunk at the time . He had a 12-gage pump shot gun and in his stupor,decided to fire a few rnds. into a vacant building across the street.(INDEED,STUPID)!!
    He was taken away and charged with ,(discharge of a fire arm within city limits and reckless endangerment ?). He'd said it was a felony charge.He also said there was never a threat of violence to anybody one by him,but it did turn"understandibly",ugly by the involved police officers.
    The question,will he ever be able to legally own a weapon again?
    I would think not but I did say I would post it and see what happens.
    Thank you again and I look forward to your responces as always.

  2. #2
    Join Date
    May 2011
    Location
    Frederick, Maryland
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    Default Re: Legal question ?

    Was he convicted of the charge??

    just having charges placed against you means little....IMO.

  3. #3
    Join Date
    Oct 2008
    Location
    Fisher, Pennsylvania
    (Clarion County)
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    Default Re: Legal question ?

    Quote Originally Posted by backnblack View Post
    Was he convicted of the charge??

    just having charges placed against you means little....IMO.
    Yes,he was charged,convicted and did some jail. Thanks !
    Last edited by dman; June 28th, 2011 at 01:50 PM.

  4. #4
    Join Date
    Nov 2007
    Location
    Unityville, Pennsylvania
    (Lycoming County)
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    Default Re: Legal question ?

    Perhaps there is more. With the provided information, he should be able to posess, it is an M2.

    § 2705. Recklessly endangering another person

    A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury.


    Be safe (and not so bad).

    Scott

  5. #5
    Join Date
    Oct 2008
    Location
    Fisher, Pennsylvania
    (Clarion County)
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    Default Re: Legal question ?

    I really don't know more than he had told me in our breif conversation and the only reason it caught my attention is because we met in Fort Meyers
    Fl. ,"Bass Pro". I have a home in Fisher and he said he was moving to Clarion
    which is only 15 minutes from my home.
    Ain't life strange ?!

  6. #6
    Join Date
    Feb 2010
    Location
    New Britain Township, Pennsylvania
    (Bucks County)
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    36
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    Default Re: Legal question ?

    Quote Originally Posted by dman View Post
    I really don't know more than he had told me in our breif conversation and the only reason it caught my attention is because we met in Fort Meyers
    Fl. ,"Bass Pro". I have a home in Fisher and he said he was moving to Clarion
    which is only 15 minutes from my home.
    Ain't life strange ?!
    At least he doesn't live across the street!

  7. #7
    Join Date
    Oct 2008
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    Fisher, Pennsylvania
    (Clarion County)
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    Default Re: Legal question ?

    Quote Originally Posted by bac0nfat View Post
    At least he doesn't live across the street!
    That's creepy but funny.

  8. #8
    Join Date
    Mar 2011
    Location
    Fombell, Pennsylvania
    (Beaver County)
    Posts
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    Default Re: Legal question ?

    How does one recklessly endanger another person in an empty building? He needed a better lawyer. And probably to talk to the police less**, and that lawyer more.

    ** by less I mean not at all

  9. #9
    Join Date
    Mar 2009
    Location
    ?, Pennsylvania
    (Berks County)
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    Default Re: Legal question ?

    § 2707.1. Discharge of a firearm into an occupied structure

    (a) Offense defined.--A person commits an offense if he knowingly, intentionally or recklessly discharges a firearm from any location into an occupied structure.

    (b) Grading.--An offense under this section shall be a felony of the third degree.

    (c) Defense.--It is a defense to prosecution under this section that:

    (1) the person discharging the firearm was a law enforcement officer engaged in the performance of his official law enforcement duties; or
    (2) the person discharging the firearm was engaged in a hunting activity; and
    (i) the discharge of the firearm took place from a location where the hunting activity is lawful; and
    (ii) the passage of the projectile from the firearm into the occupied structure was not intentional, knowing or reckless.

    (d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:


    "Firearm." Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosion or the frame or receiver of any such weapon.


    "Occupied structure." Any structure, vehicle or place adapted for overnight accommodation of persons or for carrying on business therein, whether or not a person is actually present.
    Does this apply?

  10. #10
    Join Date
    Jan 2007
    Location
    State College, Pennsylvania
    (Centre County)
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    Default Re: Legal question ?

    Not enough info. What statutes was he charged and convicted under. How much jail time COULD he have received? Was he charged/convicted with a felony or a misdemeanor? If he doesn't still have all the paperwork that came with the charge/conviction/imprisonment, he can go back using some of the sites (they escape me right now) to get the info. That will be the basis to determine if he is a prohibited person or not. He could also go back to his lawyer, the law firm should still have all the pertinent records.

    IANAL, just my thoughts
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

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