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Thread: wondering if

  1. #1
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    Default wondering if

    Will a class b misdemeanor for attempted assult in N.Y.C bar one from obtaining a LTCF in pa

  2. #2
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    Default Re: wondering if

    Its possible that it may be an issue, but I doubt any "issue" would hold up to an appeal.

    Here is NY's code for the penalty.
    http://ypdcrime.com/penal.law/article70.htm#p70.15
    S 70.15 Sentences of imprisonment for misdemeanors and violation.

    2. Class B misdemeanor. A sentence of imprisonment for a class B
    misdemeanor shall be a definite sentence. When such a sentence is
    imposed the term shall be fixed by the court, and shall not exceed three
    months.
    Here is PA's statute on prohibiting persons: NY's 70.15 is probably closer to PA's 2701, which isn't prohibiting - however it is very possible for the PICS operator or the sheriff to make a connection to 2702. The sheriff may also use the Character Clause to deny as well.

    (b) Enumerated offenses.--The following offenses shall apply to subsection (a):
    Section 908 (relating to prohibited offensive weapons).
    Section 911 (relating to corrupt organizations).
    Section 912 (relating to possession of weapon on school property).
    Section 2502 (relating to murder).
    Section 2503 (relating to voluntary manslaughter).
    Section 2504 (relating to involuntary manslaughter) if the offense is based on the reckless use of a firearm.
    Section 2702 (relating to aggravated assault).
    Section 2703 (relating to assault by prisoner).
    Section 2704 (relating to assault by life prisoner).
    Section 2709.1 (relating to stalking).
    Section 2716 (relating to weapons of mass destruction).
    Section 2901 (relating to kidnapping).
    Section 2902 (relating to unlawful restraint).
    Section 2910 (relating to luring a child into a motor vehicle or structure).
    Section 3121 (relating to rape).
    Section 3123 (relating to involuntary deviate sexual intercourse).
    Section 3125 (relating to aggravated indecent assault).
    Section 3301 (relating to arson and related offenses).
    Section 3302 (relating to causing or risking catastrophe).
    Section 3502 (relating to burglary).
    Section 3503 (relating to criminal trespass) if the offense is graded a felony of the second degree or higher.
    Section 3701 (relating to robbery).
    Section 3702 (relating to robbery of motor vehicle).
    Section 3921 (relating to theft by unlawful taking or disposition) upon conviction of the second felony offense.
    Section 3923 (relating to theft by extortion) when the offense is accompanied by threats of violence.
    Section 3925 (relating to receiving stolen property) upon conviction of the second felony offense.
    Section 4906 (relating to false reports to law enforcement authorities) if the fictitious report involved the theft of a firearm as provided in section 4906(c)(2).
    Section 4912 (relating to impersonating a public servant) if the person is impersonating a law enforcement officer.
    Section 4952 (relating to intimidation of witnesses or victims).
    Section 4953 (relating to retaliation against witness , victim or party).
    Section 5121 (relating to escape).
    Section 5122 (relating to weapons or implements for escape).
    Section 5501(3) (relating to riot).
    Section 5515 (relating to prohibiting of paramilitary training).
    Section 5516 (relating to facsimile weapons of mass destruction).
    Section 6110.1 (relating to possession of firearm by minor).
    Section 6301 (relating to corruption of minors).
    Section 6302 (relating to sale or lease of weapons and explosives).
    Any offense equivalent to any of the above-enumerated offenses under the prior laws of this Commonwealth or any offense equivalent to any of the above-enumerated offenses under the statutes of any other state or of the United States.
    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!

  3. #3
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    Default Re: wondering if

    husky1, you show your location as New Jersey. If this is accurate and current, as a resident of a state other than PA you cannot get a PA LTCF unless you have a license/permit from your state of residence.
    .
    While many claim to support the right, precious few support the practice.

  4. #4
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    Default Re: wondering if

    Moving to pa July 30 and was just lookin into my options

  5. #5
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    Default Re: wondering if

    Quote Originally Posted by husky1 View Post
    Moving to pa July 30 and was just lookin into my options
    I see. Well, give it a go. Seems like you have a pretty decent chance if I read Knight's post correctly. Worst case is it is delayed and goes into research while they sort it all out, or they deny it. If they deny they'll give you the specific reason and you can appeal the decision from there.
    While many claim to support the right, precious few support the practice.

  6. #6
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    Default Re: wondering if

    Thanx guys for the speedy responses and vast wealth of knowledge

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