Pennsylvania Firearm Owners Association
Page 1 of 2 12 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    Feb 2012
    Location
    West Chester, Pennsylvania
    (Chester County)
    Posts
    201
    Rep Power
    39782

    Default How to restore gun rights for misdemeanor 2?

    Asking for a friend - he was jammed up a long time ago - at least 12 years. He's under the impression that the only way to get his gun rights restored is a governor pardon. Is that correct? Is gunlawyer still around? (I have not posted here in a while). Any help would be appreciated.

  2. #2
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
    Posts
    11,761
    Rep Power
    21474859

    Default Re: How to restore gun rights for misdemeanor 2?

    Quote Originally Posted by soccerdad View Post
    Asking for a friend - he was jammed up a long time ago - at least 12 years. He's under the impression that the only way to get his gun rights restored is a governor pardon. Is that correct? Is gunlawyer still around? (I have not posted here in a while). Any help would be appreciated.
    What was the misdemeanor for? If it's an M1 or for violence or drugs a pardon is the only way. If it's non-violent M2 or an M3 I do not think he is prohibited but I would defer to a lawyer on it.
    Gender confusion is a mental illness

  3. #3
    Join Date
    Jan 2013
    Location
    Cranberry Twp, Pennsylvania
    (Butler County)
    Posts
    978
    Rep Power
    21474848

    Default Re: How to restore gun rights for misdemeanor 2?

    Quote Originally Posted by Walleye Hunter View Post
    What was the misdemeanor for? If it's an M1 or for violence or drugs a pardon is the only way. If it's non-violent M2 or an M3 I do not think he is prohibited but I would defer to a lawyer on it.
    assuming this is accurate, best of luck getting a pardon from King Wolf

  4. #4
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
    Posts
    11,761
    Rep Power
    21474859

    Default Re: How to restore gun rights for misdemeanor 2?

    Quote Originally Posted by pens87pgh View Post
    assuming this is accurate, best of luck getting a pardon from King Wolf
    As long as pardons take it will probably be his successor.
    Gender confusion is a mental illness

  5. #5
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
    13,618
    Rep Power
    21474867

    Default Re: How to restore gun rights for misdemeanor 2?

    Quote Originally Posted by soccerdad View Post
    Asking for a friend - he was jammed up a long time ago - at least 12 years. He's under the impression that the only way to get his gun rights restored is a governor pardon. Is that correct? Is gunlawyer still around? (I have not posted here in a while). Any help would be appreciated.
    If it's a single Pennsylvania M2 for domestic violence, then yes, he needs a Pardon. Most other M2's are not punishable by more than 2 years, and most are not "enumerated offenses".
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  6. #6
    Join Date
    Oct 2011
    Location
    Quakertown, Pennsylvania
    (Bucks County)
    Posts
    1,325
    Rep Power
    21474850

    Default Re: How to restore gun rights for misdemeanor 2?

    Not a lawyer, but here is my understanding.

    State misdemeanors of MORE than 2 years are prohibiting. That is the potential maximum that could be sentenced. 2 years isn't prohibiting in and of itself. 2 years an 1 day is.

    If the misdemeanor is classified as domestic violence, it doesn't matter what the maximum could be, it is prohibiting.

    Also, it depends on when the offense happened, and what the law was at that time. Drunk driving convictions have a lot of pitfalls due to the changing sentencing options.

    Get a lawyer that is a specialist in this field. A generalist may not have the specialized knowledge needed to do this correctly.

  7. #7
    Join Date
    Feb 2012
    Location
    West Chester, Pennsylvania
    (Chester County)
    Posts
    201
    Rep Power
    39782

    Default Re: How to restore gun rights for misdemeanor 2?

    Quote Originally Posted by t1066 View Post
    Not a lawyer, but here is my understanding.

    State misdemeanors of MORE than 2 years are prohibiting. That is the potential maximum that could be sentenced. 2 years isn't prohibiting in and of itself. 2 years an 1 day is.

    If the misdemeanor is classified as domestic violence, it doesn't matter what the maximum could be, it is prohibiting.

    Also, it depends on when the offense happened, and what the law was at that time. Drunk driving convictions have a lot of pitfalls due to the changing sentencing options.

    Get a lawyer that is a specialist in this field. A generalist may not have the specialized knowledge needed to do this correctly.
    Thanks all - I got Phil's email and gave it to him. Looked up the charges - FYI - it's a M1 gun possession M2- DUI

  8. #8
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
    Posts
    11,761
    Rep Power
    21474859

    Default Re: How to restore gun rights for misdemeanor 2?

    Quote Originally Posted by soccerdad View Post
    Thanks all - I got Phil's email and gave it to him. Looked up the charges - FYI - it's a M1 gun possession M2- DUI
    That's a bummer of an M1 to have.
    Gender confusion is a mental illness

  9. #9
    Join Date
    Oct 2011
    Location
    Quakertown, Pennsylvania
    (Bucks County)
    Posts
    1,325
    Rep Power
    21474850

    Default Re: How to restore gun rights for misdemeanor 2?

    Quote Originally Posted by soccerdad View Post
    Thanks all - I got Phil's email and gave it to him. Looked up the charges - FYI - it's a M1 gun possession M2- DUI
    Phil posted while I was writing my reply, or I wouldn't have chimed in. If your friend wants to pursue a pardon, Phil is a good choice.

  10. #10
    Join Date
    Apr 2014
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
    Posts
    4,003
    Rep Power
    21474850

    Default Re: How to restore gun rights for misdemeanor 2?

    Why would possession of a gun be a crime for someone with no other crimes?

Page 1 of 2 12 LastLast

Similar Threads

  1. Replies: 5
    Last Post: September 20th, 2019, 09:45 AM
  2. how do i restore my firearm rights in pennsylvania?
    By donnie7 in forum Pennsylvania
    Replies: 15
    Last Post: May 25th, 2015, 11:52 PM
  3. Restore gun rights
    By JCs in forum Pennsylvania
    Replies: 3
    Last Post: January 20th, 2013, 12:00 AM
  4. U.S. H.R.645 - A Bill To Restore (Some) 2A Rights in DC
    By ImminentDanger in forum National
    Replies: 4
    Last Post: May 19th, 2011, 09:28 PM
  5. How do I restore my gun rights?
    By SilingulusAh in forum General
    Replies: 5
    Last Post: May 21st, 2010, 10:16 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •