Appeals court sets looser standard for gun ownership by convicts

[mikelets456]

HARRISBURG — A federal appeals court has determined that some people convicted of comparatively minor state crimes should get a chance to legally own guns, issuing a divided decision that reshapes longstanding rules.

The 3rd U.S. Circuit Court of Appeals on Wednesday sided with two Pennsylvania residents, deeming their crimes as minor even though they could have produced jail time of more than two years.

The court restored gun ownership rights to Daniel Binderup of Manheim, Lancaster County, who pleaded guilty in Pennsylvania in 1998 to misdemeanor corruption of minors for a consensual sexual relationship with a 17-year-old girl working at his bakery. He received probation and a fine, but the offense carried a potential sentence of five years.

http://triblive.com/mobile/11112422-...nderup-circuit

[4thdimension]

I just read this in the paper. I guess that means M1s may not be prohibiting any more? I think that's good. A person can get convicted of an M1 for stupid shit.

[Gunsnwater]

I just read this also. So is this a trap now? I'm talking about the form. How are M1 convicts going to know before filling out the form? I doubt even a lawyer at this point in time would have the answer unless it's tied to zero days in jail. That might not be fair as some people can't make bale and then get time served. From the outside it would seem that's an easy way to clean up the jail in lieu of bail. IANAL so I am speculating on this.

[gold cup abuser]

Before anyone with an M1 conviction on them would have to file the appeal in Federal Court first. Then go to PSP to have them clear them in PICS.

It better not be a violent crime or they are done.

The decision was a very interesting read.

Just wonder how it will play out for federal convictions, since everything with them is a felony.

[4thdimension]

I know a lot good people who can not own guns due to stupid stuff on their records and the current system makes no sense as some violent offenses are not prohibiting and non-violent offenses are.

[kimtyson]

I know a lot good people who can not own guns due to stupid stuff on their records and the current system makes no sense as some violent offenses are not prohibiting and non-violent offenses are.

The 2nd Amendment is so easy to read. No fine print. That has been added later. Kind of sucks.

[knight0334]

I know a lot good people who can not own guns due to stupid stuff on their records and the current system makes no sense as some violent offenses are not prohibiting and non-violent offenses are.

Yep. Same here. I have an uncle who married a blood aunt that is prohibited due to stealing a 6 pack of beer decades ago.

I think he can petition to have his conviction lowered since the law changed since to a lessor offense, but until then his conviction on the older higher grading stands. In the 20+ years he's been with my aunt he's been nothing but an upstanding individual.

[GunLawyer001]

Yep. Same here. I have an uncle who married a blood aunt that is prohibited due to stealing a 6 pack of beer decades ago.

I think he can petition to have his conviction lowered since the law changed since to a lessor offense, but until then his conviction on the older higher grading stands. In the 20+ years he's been with my aunt he's been nothing but an upstanding individual.

It can work sometimes:

(a) Restoration.--A person convicted of a disabling offense may make application to the court of common pleas in the county where the principal residence of the applicant is situated for restoration of firearms rights. The court shall grant restoration of firearms rights after a hearing in open court to determine whether the requirements of this section have been met unless:
(1) the applicant has been convicted of any other offense specified in section 6105(a) or (b) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) or the applicant's conduct meets the criteria in section 6105(c)(1), (2), (3), (4), (5), (6) or (7);
(2) the applicant has been convicted of any other crime punishable by imprisonment exceeding one year as defined in section 6102 (relating to definitions); or
(3) the applicant's character and reputation is such that the applicant would be likely to act in a manner dangerous to public safety.
(b) Notice and standing.--
(1) Notice of an application for restoration of firearms rights shall be provided to the Pennsylvania State Police, the district attorney of the county where the disabling offense occurred and the district attorney of the county where the application is filed. The district attorney of the county where the application is filed, the district attorney of the county where the disabling offense occurred and the Pennsylvania State Police may, at their option, be parties to the proceeding.
(2) Notwithstanding paragraph (1), the standing of the Pennsylvania State Police as a party to a proceeding under this section shall be limited to determinations of whether the offense meets the definition of the phrase “disabling offense” or whether the provisions of subsection (a)(1) and (2) have been satisfied.
(c) Copy of order to Pennsylvania State Police.--If the court grants restoration of firearms rights to an applicant, a copy of the order shall be sent by the prothonotary within ten days of the entry of the order to the district attorneys and the Pennsylvania State Police, Firearms Division, and shall include the name, date of birth and Social Security number of the applicant.
(d) Expungement and pardon.--A restoration of firearms rights under this section shall not result in the expungement of any criminal history record information nor will it constitute a gubernatorial pardon.
(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
“Disabling offense.” A conviction for any offense which:
(1) resulted in a Federal firearms disability and is substantially similar to either an offense currently graded as a crime punishable by a term of imprisonment for not more than two years or conduct which no longer constitutes a violation of law; and
(2) was a violation of either of the following:
(i) the former act of May 1, 1929 (P.L.905, No.403), known as The Vehicle Code, or the former act of April 29, 1959 (P.L. 58, No. 32), known as The Vehicle Code; or
(ii) the former act of June 24, 1939 (P.L.872, No.375), known as the Penal Code.
The definition shall not include any offense which, if committed under contemporary standards, would constitute a misdemeanor of the second degree or greater under section 2701 (relating to simple assault) and was committed by a current or former spouse, parent or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent or guardian or by a person similarly situated to a spouse, parent or guardian of the victim.
“Restoration of firearms rights.” Relieving any and all disabilities with respect to a person's right to own, possess, use, control, sell, purchase, transfer, manufacture, receive, ship or transport firearms, including any disabilities imposed pursuant to this subchapter. The phrase shall also mean the restoration of the right to vote, to hold public office and to serve on a jury.

[4thdimension]

I was lucky in that my record only prohibited me for a period of time and only in Pa. I almost got charged with an M1 after getting pulled over in a vehicle that wasn't mine. The registration sticker was forged. That's an M1 under Pa law. The state trooper just gave me a ticket for driving an unregistered vehicle since the truck was not mine and I didn't know about the sticker. That's how easy it can happen though. He could have legally charged me with a prohibiting crime that I did not knowingly commit.