PURCHASE QUESTIONS

[BUMHAWK]

I'm confused. I read a guidelines pamplet for Pennsylvania gun purchases at a sporting/gun store. The pamplet states that a felony-3 conviction with the sentence 1 year or less, such as retail theft, is allowed for a purchase. Does this still pertain if a second f-3 retail theft - same sentence- occurs [1 f-3 = 1 yr., and another 1 f-3 + another 1 yr.]? Or would that add up two 2 years combining sentences as a felony count? They are well past seven years ago. I never owned or purchased a firearm, so "restoration of rights" probably wouldn't apply, or would it?

[knight0334]

I'm confused. I read a guidelines pamplet for Pennsylvania gun purchases at a sporting/gun store. The pamplet states that a felony-3 conviction with the sentence 1 year or less, such as retail theft, is allowed for a purchase. Does this still pertain if a second f-3 retail theft - same sentence- occurs [1 f-3 = 1 yr., and another 1 f-3 + another 1 yr.]? Or would that add up two 2 years combining sentences as a felony count? They are well past seven years ago. I never owned or purchased a firearm, so "restoration of rights" probably wouldn't apply, or would it?

Any felony conviction is prohibiting - it doesn't matter whether it is F1, F2, F3, F4, F5(grades depending on states). And they dont expire. A felony is for life.

Also, state M1's and M2's with a possible prison/jail sentence of more than 2 years is prohibiting. Also if I remember correctly what Gunlawyer said, any misdemeanor conviction of domestic violence will gank ya too.

(3) DUI convictions within 5 years will probably get you flagged by PICS.

If you have a prohibiting conviction, your only recourse is a pardon by either the President or Governor - then a followup expungement to clear the record.

[BUMHAWK]

See how misleading and confusing this is. Let me quote this -INFORMATION FOR PENNSYLVANIA FIREARM PURCHASERS- prepared by the Pa. state police bureau of records and id. firearms division. [2006] pamplet: There are 37 crimes for which a conviction would prohibit a person from lawfully purchasing or possessing a firearm under the UFA. All are listed. Theft by unlawful taking or dispoosition upon 2nd felony conviction is listed , but retail theft is not one of them. And, under FEDERAL PROHIBITIONS it states: Prohibitions under fed. law [as it applies in Pa.] include:Under indictment for, or conviction of a misdemeanor offence for which the max prison term may *exceed 2 years, or a felony, if the maximum prison term *exceeds one year. I guess I'll find out when I get checked for one.

[knight0334]

Yeah.. I can see how it is. But the PA State Police isn't known for their accurate report of gun laws.


F3's in PA are punishable by a penalty of "not more than 7 years". Since 7 years is what could have been levied - its prohibiting.

http://members.aol.com/StatutesP8/18PA106.html

[jud4420]

all of the above is unfortunately true. Its not about what your sentence actually was, they consider what it could have been, and thats where your problem will be.

[BUMHAWK]

Yeah, I tried to read between the lines. A couple of shopliftings really screwed me over. Some told me to apply anyways, that I would have nothing to lose. Hell, these days, one can purchase a firearm in the streets. It's really the impact on the brain that one might not really need a firearm , but that one can't really have a firearm.

[knight0334]

Yeah, I tried to read between the lines. A couple of shopliftings really screwed me over. Some told me to apply anyways, that I would have nothing to lose. Hell, these days, one can purchase a firearm in the streets. It's really the impact on the brain that one might not really need a firearm , but that one can't really have a firearm.

If you've lived a good life since, working a good job, good standing in the community, etc, etc - you could apply for a pardon with the Governor. Which if granted, you'd then need to have the record expunged then in court.

But until then, you're not allowed to touch, hold, own, or possess any firearm of any sort(handgun, rifle, shotgun, muzzleloader) or ammo.

[BUMHAWK]

I could go to Walmart and get one of those bow and arrow rifles for protection. I don't really want to kill anybody, and in self defense. It's just that crime is getting more violent [home invasions] here in little Scranton, Pa., that many are appling for firearm security. Most punks and cowards hide behind a gun. If I hear some bastard entering my house, i'll stick him with an arrow , then call the cops.

[Pierce8468]

Any felony conviction is prohibiting - it doesn't matter whether it is F1, F2, F3, F4, F5(grades depending on states). And they dont expire. A felony is for life.

Also, state M1's and M2's with a possible prison/jail sentence of more than 2 years is prohibiting. Also if I remember correctly what Gunlawyer said, any misdemeanor conviction of domestic violence will gank ya too.

(3) DUI convictions within 5 years will probably get you flagged by PICS.

If you have a prohibiting conviction, your only recourse is a pardon by either the President or Governor - then a followup expungement to clear the record.

I have to respetfully mention that some of this responce is not accurate. For example not all felonys gaurantee that your disqualified. For example Dumping is a felony. You will not recieve a 2 yr sentence for dumping. Hence not a disqualifing conviction.

Also a dui in the past 5 yrs will not disqualify you. I forget the number of them, but it is a certain amount within a 5 yr period. I do know however that it is definitley more than 1.

Also even as a convicted felon of any charge. You don't need a governor pardon, in order to have your right to purchase returned to you. Even if you spent 10 yrs in prison for a drug charge or whatever. Ten yrs after your release from prison. you can go infront of a judge, and ask for your rights back. You don't have to go as high up as the govenor for that!

[knight0334]

I have to respetfully mention that some of this responce is not accurate. For example not all felonys gaurantee that your disqualified. For example Dumping is a felony. You will not recieve a 2 yr sentence for dumping. Hence not a disqualifing conviction.

Also a dui in the past 5 yrs will not disqualify you. I forget the number of them, but it is a certain amount within a 5 yr period. I do know however that it is definitley more than 1.

Also even as a convicted felon of any charge. You don't need a governor pardon, in order to have your right to purchase returned to you. Even if you spent 10 yrs in prison for a drug charge or whatever. Ten yrs after your release from prison. you can go infront of a judge, and ask for your rights back. You don't have to go as high up as the govenor for that!

Whats the possible max for "dumping"?

I said "(3)" DUI convictions, which will get you a denial in a PICS. In fact, with the new law, (1) DUI can prohibit you if there are certain factors.

The for the relief from disabilities appeal to work, you must have one of the following, if you dont have one of them - your odds of winning the PowerBall are greater at obtaining the relief from disabilities.

http://members.aol.com/StatutesP7/18PA6105.html

(d) Exemption.--A person who has been convicted of a crime specified in subsection (a) or (b) or a person whose conduct meets the criteria in subsection (c)(1), (2), (5) or (7) may make application to the court of common pleas of the county where the principal residence of the applicant is situated for relief from the disability imposed by this section upon the possession, transfer or control of a firearm. The court shall grant such relief if it determines that any of the following apply:

1. The conviction has been vacated under circumstances where all appeals have been exhausted or where the right to appeal has expired.
2. The conviction has been the subject of a full pardon by the Governor.
3. Each of the following conditions is met:
1. The Secretary of the Treasury of the United States has relieved the applicant of an applicable disability imposed by Federal law upon the possession, ownership or control of a firearm as a result of the applicant's prior conviction, except that the court may waive this condition if the court determines that the Congress of the United States has not appropriated sufficient funds to enable the Secretary of the Treasury to grant relief to applicants eligible for the relief.
2. A period of ten years, not including any time spent in incarceration, has elapsed since the most recent conviction of the applicant of a crime enumerated in subsection (b) or a felony violation of The Controlled Substance, Drug, Device and Cosmetic Act.