Question about misdemeanor2

[spoonltz28]

Long story short;

I recently had to draw my firearm (I did have a LTCF) on a guy that was about to kick my ass over a road rage incident.
I was arrested, as he and a witness stated that I was the aggressor and I started it (WRONG)

There are numerous charges against me, including vehicle charges.
We are fighting them in court.
We just filed and lost a petition for Habeas Corpus, but the DA attempted to plea to a Simple Assault M2 and 5 years Probation (we did not accept)

My question is; IF we were to accept this (which we are not), would my wife be able to keep a firearm in the house 'registered' to her ?
From what I read, this could not happen?
This happened in Montgomery County (Rockledge to be precise)

[clarencecoffee]

M2. Is that a misdemeanor? 2?

Not understanding why this would impact ability for you or her to keep a gun. This is not a felony. Does it have a possible penalty of over 2 years?

If you are prohibited then you may not touch a firearm.

[spoonltz28]

from what I've read, it does have a penalty of over 2 years.
I have read differing answers about this.

Some say that a M2 would not prohibit me, where-as others said that it would. The police 'stole' over 15 grand worth of firearms from my safe, I want them back !!

[knight0334]

An M2 "Simple Assault" would not be a prohibitor for buying, possessing, and owning guns. An M2 has a MAX of 2 years, it takes a state misdemeanor that EXCEEDS 2 years to prohibit you(federal law) - or any offense listed under PA 18.6105. However a sheriff may not issue a LTCF to you in the future because of that(character clause).

If you go on probation more than likely your probation officer will not want you to have any weapons in the home regardless as to who owns them or whether or not you have any sort of access to them. YOU are the slave to the rules, which that spills over to others in the house if you want to live with them. ...so by proxy, your wife may have to divorce herself of those guns so that YOU can live there - but she is under no legal burden to do so. You would be the one with the burden.

However, not all PO's are so imposing about things. Some will be ok if she locks them up in a case/safe/cabinet/etc that you have absolutely no access to(no keys or combo).

18 Pa.C.S.A. § 2701
§ 2701. Simple assault

(a) Offense defined.-- Except as provided under section 2702 (relating to aggravated assault), a person is guilty of assault if he:
(1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
(2) negligently causes bodily injury to another with a deadly weapon;
(3) attempts by physical menace to put another in fear of imminent serious bodily injury; or
(4) conceals or attempts to conceal a hypodermic needle on his person and intentionally or knowingly penetrates a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the person.
(b) Grading.--Simple assault is a misdemeanor of the second degree unless committed:
(1) in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or
(2) against a child under 12 years of age by a person 18 years of age or older, in which case it is a misdemeanor of the first degree.

[spoonltz28]

Thanks,

We are hoping that it does not come to this. There is 'supposedly' video of the incident. This should prove that I was with-in my rights, and that I was NOT the aggressor.

[donm]

Take a look at the Montgomery County conditions for probation. The restrictions are less stringent than Chester County (which specifies no firearms in the house):

10. I will not own, use, and/or possess any type of lookalike firearm, lethal weapon, explosives, and/or ammunition. Hunting is prohibited.

For practical purposes, you would be a "prohibited person" during your probation, but your wife could possess firearms if you have no access.

[HiredGoon]

spoonltz28...Weren't you able to safely retreat from the guy before drawing?

[spoonltz28]

no, this happened very quickly.

[FUNDAMENTALS]

I think you should get yourself a dam good attorney. Someone who knows the
lay of the land on firearms. Check with Gunlawyer.

[spoonltz28]

I do have a lawyer, he has done gun crimes before and knows the Mont. county system.

The actual trial is to start on Nov 17th. We did the prelim and the notion for Habaes Corpus.