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April 14th, 2008, 09:52 PM #1Junior Member
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Pennsylvania
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Purchashing a firearm for the home
I was wanted to purchase a firearm for my house I have a criminal bakground(2misdemeanors) Will this stop me from purchasing a gun for my house? I spoke to a employee at an infamous gun store and he said the person must have a clean criminal record, which menas nothing on it but I spoke to a lawyer who says otherwise(no crimes exceeding a year)
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April 14th, 2008, 10:07 PM #2
Re: Purchashing a firearm for the home
If you were convicted of something that COULD have resulted in over a year.
Not what your actual sentence was, but the potential sentence for that specific offense.
Meaning if the offense in question could have resulted in 12-18 months, you will still be prohibited even if your actual sentence was only 6 months.Last edited by skyjerk; April 14th, 2008 at 10:10 PM.
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April 14th, 2008, 10:08 PM #3
Re: Purchashing a firearm for the home
You can not meet any of the enumerated offenses listed in subsection (b) of SS6105 of the Uniform Firearms Act
OR
If you meet the criteria of subsection (c) of SS6105
I paste the relevant portion of 6105 here for your convenience.
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
(a) Offense defined.--
(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 or whose
conduct meets the criteria in subsection (c) shall not
possess, use, control, sell, transfer or manufacture or
obtain a license to possess, use, control, sell, transfer or
manufacture a firearm in this Commonwealth.
... snip ...
(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).
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 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 or
victim).
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.
...snip...
(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):
(1) A person who is a fugitive from justice. This
paragraph does not apply to an individual whose fugitive
status is based upon a nonmoving or moving summary offense
under Title 75 (relating to vehicles).
(2) A person who has been convicted of an offense under
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or any
equivalent Federal statute or equivalent statute of any other
state, that may be punishable by a term of imprisonment
exceeding two years.
(3) A person who has been convicted of driving under the
influence of alcohol or controlled substance as provided in
75 Pa.C.S. § 3802 (relating to driving under influence of
alcohol or controlled substance) or the former 75 Pa.C.S. §
3731, on three or more separate occasions within a five-year
period. For the purposes of this paragraph only, the
prohibition of subsection (a) shall only apply to transfers
or purchases of firearms after the third conviction.
(4) A person who has been adjudicated as an incompetent
or who has been involuntarily committed to a mental
institution for inpatient care and treatment under section
302, 303 or 304 of the provisions of the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures Act.
This paragraph shall not apply to any proceeding under
section 302 of the Mental Health Procedures Act unless the
examining physician has issued a certification that inpatient
care was necessary or that the person was committable.
(5) A person who, being an alien, is illegally or
unlawfully in the United States.
(6) A person who is the subject of an active protection
from abuse order issued pursuant to 23 Pa.C.S. § 6108, which
order provided for the relinquishment of firearms during the
period of time the order is in effect. This prohibition shall
terminate upon the expiration or vacation of an active
protection from abuse order or portion thereof relating to
the relinquishment of firearms.
(7) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) 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 under sections 2502, 2503, 2702,
2703 (relating to assault by prisoner), 2704, 2901, 3121,
3123, 3301, 3502, 3701 and 3923.
(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.
(9) A person who is prohibited from possessing or
acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to
unlawful acts). If the offense which resulted in the
prohibition under 18 U.S.C. § 922(g)(9) was committed, as
provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to
definitions), by a person in any of the following
relationships:
(i) the current or former spouse, parent or guardian
of the victim;
(ii) a person with whom the victim shares a child in
common;
(iii) a person who cohabits with or has cohabited
with the victim as a spouse, parent or guardian; or
(iv) a person similarly situated to a spouse, parent
or guardian of the victim;
then the relationship need not be an element of the offense
to meet the requirements of this paragraph.
... snip ...Last edited by Pa. Patriot; April 14th, 2008 at 10:11 PM.
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December 24th, 2009, 04:36 AM #4Junior Member
- Join Date
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Philadelphia,
Pennsylvania
(Philadelphia County) - Posts
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Re: Purchashing a firearm for the home
I havent been back to this forum for a long time. Thanks for the reminder of this post. As for the other insinuations of drug use and alcohol usage from some of other members, then I have no involvement with that and I would prefer a decent answer to my question.
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December 24th, 2009, 06:50 AM #5
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December 24th, 2009, 06:57 AM #6
Re: Purchashing a firearm for the home
Please Note: The poster was issued an infraction for this post.
go to the gun shop...purchase/try a long gun ...shot gun 22 rifle etc.
have them make the call....youll get the answer soon.
we can all spectulate, but this will be the proof.
the worst that will happen is youll get a denial.
good luck.
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December 24th, 2009, 11:02 AM #7Junior Member
- Join Date
- Jan 2008
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Philadelphia,
Pennsylvania
(Philadelphia County) - Posts
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Re: Purchashing a firearm for the home
A decent answer means not stupid sarcasm from people like you chrisjames_1 and others. I hadnt saw the answer when it was posted. THANK YOU TOMGUN_1 for your response.
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December 24th, 2009, 11:09 AM #8
Re: Purchashing a firearm for the home
double-oh-7,
If you want, you can private message me with what you were charged and convicted of and I'll give you a straight answer. All info will be confidential, and left between you and I.
I dont lay judgment against folks, I will only give you info that corresponds to what the law says.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!
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December 24th, 2009, 12:05 PM #9
Re: Purchashing a firearm for the home
From your Jan 20,2008 posting:
I had a misdemeanor drug charge and a DUI in 1995. Would I be eligible for a license to carry a firearm in the state of pennsylvania( montgomery county)?
Take knight0334's offer and PM him with the EXACT charge(s) and conviction(s) - he'll give you the straight dope.IANAL
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December 24th, 2009, 12:13 PM #10
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