Does my prior criminal history prevent me from obtaining a LTCF or owning firearms?

[gnbrotz]

Since the above questions get asked fairly frequently, I thought the information contained here may help some answer those questions for themselves. Below is a chart showing the minimum and maximum sentences for various grades of crimes in Pa. I've also attached it as a .pdf if you'd like to download it for future reference.

Just about everyone knows that "felons can't have guns", but don't realize that many non-felons are disqualified from licensing or ownership too. The points below are not all-inclusive, but rather reflect what seems to be the most common disqualifying offenses.

Disqualifying offenses for Pa. LTCF
*Any conviction under The Controlled Substance, Drug, Device and Cosmetic Act, regardless of sentence (per 18 PACS §6109(e)(1)(ii).
*Any conviction on a Misdemeanor 1 or higher (per §6109(e)(1)(viii), unless such disability has been waived or pardoned (per 18 PACS §6123). The noted statute prohibits licensing of anyone convicted of a charge that is "punishable by imprisonment for a term exceeding one year." §61O2 further clarifies that this does not include "State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years."

Disqualifying offenses for firearm ownership
*Any conviction on a Misdemeanor 1 or higher (per US Title 18, §922(g)(1)). The noted statute prohibits possession by anyone convicted of "a crime punishable by imprisonment for a term exceeding one year", but §921 clarifies that this does not include "any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices" or "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Potential avenues of relief from this disability are contained in US Title 18, §925.
*Any conviction in any court of a misdemeanor crime of domestic violence (per US Title 18, §922(g)(9)).

For more complete information on disqualifications, you can find the relative statutes at the links below.

1) License to Carry Firearms (LTCF)
18Pa.C.S.§6109(e) lists the prohibiting criteria for LTCF issuance. Notice that as part of the list it refers to and uses the same enumerated offenses as possession, 18Pa.C.S.§6105(b)&(c), as well as some other more narrowly defined and open to sheriff interpretation items (such as habitual drunkard).

2) Possession
18Pa.C.S.§6105(b) and (c) is a list of enumerated offenses (b) and other disqualifying criteria (c) that would prohibit you from ownership/possession in Pa.

If you have a legal disablity
Details below are for PA. Process may vary in other states.

It may be possible to have your rights restored if you can successfully obtain a pardon and have your record expunged.

Pardons require several stages. First you have to apply and produce documents, and you have to persuade the Board of Pardons to grant you a hearing. It takes up to a year to get a response to the petition, before you know whether you'll get a hearing. If they don't grant the hearing, then you stop there.

If you're granted a pardon, then you need an expungement from Common Pleas court. This will be a non-contested hearing.

Your chances are better with a lawyer, as in all legal proceedings.

I am not a lawyer. The above information is presented based on my personal interpretation of the cited statutes and Pa.'s Sentencing Framework. If you are an attorney and note any errors, please let me know so I can make a correction ASAP.

[chesire17201]

well.....there are exceptions to the one year law, state crimes have to be more than 2 years possible. but all in all a good guide.....


http://www4.law.cornell.edu/uscode/u...1----000-.html

§ 921. Definitions

(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

[Pennywise]

Great idea! Maybe this should be a sticky?

[gnbrotz]

well.....there are exceptions to the one year law, state crimes have to be more than 2 years possible. but all in all a good guide.....


http://www4.law.cornell.edu/uscode/u...1----000-.html

§ 921. Definitions

(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

THANK YOU!

I had the 'two-year' thing stuck in my head, and was surprised to find contrary info. Your cite clears that up, and I'll modify the OP accordingly.

[Pa. Patriot]

IMO, this post is not complete without the links (or text) of the Pa. law...

1) Possession
18Pa.C.S.§6105(b) and (c)
is a list of enumerated offenses (b) and other disqualifying criteria (c) that would prohibit you from ownership/possession in Pa.

2) License to Carry Firearms (LTCF)
18Pa.C.S.§6109(e)
lists the prohibiting criteria for LTCF issuance. Notice that as part of the list it refers to and uses the same enumerated offenses as possession, 18Pa.C.S.5105(b)&(c), as well as some other more narrowly defined and open to sheriff interpretation items (such as habitual drunkard).

[gnbrotz]

Excellent additions. I'll add them into the OP.

[knight0334]

You need to add any misdemeanor conviction for domestic abuse too under federal law.

[Boom Master]

further clarifies that this does not include "State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years."

What does tis mean? it sounds like it contridicts it self is it one year or two years, I am confused obviously.

[gnbrotz]

Your government at work.

I agree that it seems like a contradiction. I have no idea why they would define "more than one year" to mean "more than two years if it's a state offense", but that is indeed exactly what they've done.

[Sentient09]

Thank you, gnbrotz. This clears up a lot of "facts" I thought I knew!