can i pass the pics with an M2

[nicklong06]

i currently have a misdemeanor of the 2nd degree on my record for "attempting to flee and elude a police officer" originally a felony charge, will i have any trouble passing the pics backround check with this information on file?

now another thing is, im going to school for criminal justice administration to become a cop,......this traffic violation will not stop me from becoming a cop, but am i going to have to wait to become a cop till i am able to buy a gun or even carry one?

[Feddog82]

Wow, I have no idea. Hopefully someone around here can help you out with some info. There are plenty of people on this forum in the LE indusrty.

[Pa. Patriot]

What was the charge? Title and section?

Was it 75Pa.C.S.3733 ?

§ 3733. Fleeing or attempting to elude police officer.
(a) Offense defined.--Any driver of a motor vehicle who
willfully fails or refuses to bring his vehicle to a stop, or
who otherwise flees or attempts to elude a pursuing police
officer, when given a visual and audible signal to bring the
vehicle to a stop, commits an offense as graded in subsection
(a.2).
(a.1) Disposition of fines, etc.--The fines imposed and
collected under subsection (a) shall not be subject to 42
Pa.C.S. § 3733 (relating to deposits into account). The fines
imposed and collected under subsection (a) shall be distributed
in the manner provided in 42 Pa.C.S. § 3571(b)(2) and (3)
(relating to Commonwealth portion of fines, etc.).
(a.2) Grading.--
(1) Except as provided in paragraph (2), an offense
under subsection (a) constitutes a misdemeanor of the second
degree. Any driver upon conviction shall pay an additional
fine of $500. This fine shall be in addition to and not in
lieu of all other fines, court expenses, jail sentences or
penalties.
(2) An offense under subsection (a) constitutes a felony
of the third degree if the driver while fleeing or attempting
to elude a police officer does any of the following:
(i) commits a violation of section 3802 (relating to
driving under influence of alcohol or controlled
substance);
(ii) crosses a State line; or
(iii) endangers a law enforcement officer or member
of the general public due to the driver engaging in a
high-speed chase.

[nicklong06]

1 Fleeing or Attempting to Elude Officer, OTN G3339630M2, offense date 02/12/2007


75 § 3733 §§A

[nicklong06]

i paid a fine and had 3 months probation

[Pa. Patriot]

From my understanding you squeaked by right on the line for possession but you are prohibited from obtaining a License to Carry Firearms.



Explanation.

The reason is easiest explained by reading this existing thread:
http://forum.pafoa.org/question-answ...-firearms.html

Your actual sentance is not relevant. The MAX punishment listed by law for the offense or default MAX for the offense grading is what the prohibitions are based on in Pa.

Now, why you can possess and not carry is as follows. Also explained in the above linked thread...
The controlling Pa. statute on possession is 18Pa.C.S.6105
The controlling Pa. statute on licensing (to carry)is 18Pa.C.S.6109

Licensing is more restrictive than possession in a couple regards.

[tl_3237]

IANAL.

the max sentence for § 3733 (an M2) is 2 years.

That said you would not be a prohibited person under 18 Pa C.S.A Chapter 61 for the offense cited nor under 18 USC 922(g) as per the defnition in 921(20)(B) so, IMO, you are not precluded from buying a firearm.

[tl_3237]

From my understanding you squeaked by right on the line for possession but you are prohibited from obtaining a License to Carry Firearms.



Explanation.

The reason is easiest explained by reading this existing thread:
http://forum.pafoa.org/question-answ...-firearms.html

Your actual sentance is not relevant. The MAX punishment listed by law for the offense or default MAX for the offense grading is what the prohibitions are based on in Pa.

Now, why you can possess and not carry is as follows. Also explained in the above linked thread...
The controlling Pa. statute on possession is 18Pa.C.S.6105
The controlling Pa. statute on licensing (to carry)is 18Pa.C.S.6109

Licensing is more restrictive than possession in a couple regards.

Why would he be precluded from LTCF? Is it because of §6109(e)(1)(viii)?

(e) Issuance of license.--

(1) A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle and shall be issued if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license. A license shall not be issued to any of the following:


(viii) An individual who is charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year except as provided for in section 6123 (relating to waiver of disability or pardons).

If so I think he CAN get an LTCF because of the tortured definition...

18 Pa C.S.A. §6102
"Crime punishable by imprisonment exceeding one year."


The term does not include any of the following:

(1) Federal or State offenses pertaining to antitrust, unfair trade practices, restraints on trade or regulation of business.

(2) State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years.

[chrisjames_71]

i currently have a misdemeanor of the 2nd degree on my record for "attempting to flee and elude a police officer" originally a felony charge?

......this traffic violation will not stop me from becoming a cop

.................................................. ....................

Ummm yeah forget all of what I just said. You have been convicted of a M2 offense punishable by more than 1 year. Therefore, you CANNOT become a police officer in PA.

From MPOETC:

Disqualifying criminal offense– A criminal offense for which more than 1 year in prison can be imposed as punishment.

MPOETC Qualifications

[Pa. Patriot]

Why would he be precluded from LTCF? Is it because of §6109(e)(1)(viii)?

Yes

If so I think he CAN get an LTCF because of the tortured definition...

You may be correct.... Nice find. I'll attempt to get clarification on that....