chesire17201 wrote:Hello all, newb here, found the site and have a question, now i;ll be honest through out so please, take it easy, let me just say i learned from my mistakes......
O.k. I would like a CCW permit, but am on probation(theft, recv. stolen property, harassment bycommunication <-----fighting with ex about custody) all misdemeanors,and it was denied, due to convitction COULD have resulted in more than 1 yr. in jail, now from what i have read about all this i should be ABLE to get my permit, see here http://members.aol.com/StatutesP7/18PA6109.html as well as http://members.aol.com/StatutesP7/18PA6105.html
according to what i see i would have to been convicted of a FELONY, not the misdemeanors. am i missing something? anyone have any insight on this? thanks
Disclaimer: IANAL (I am not a laywer, for the newbie)
Hello and welcome,
I think there are two reasons:
1. Nobody on probation is going to get a LTC.
2. As you stated, you were convicted of crimes that each have a maximum sentence of more than a year imprisonment. Probation is orderedin lieu of of jail time. That does not alter the potential maximum sentence though. Two seperate crimes, eachwith a maximum sentenceof 8 months is much different than one crime with a maximum sentence of 16 months. You may want to talk to a lawyer about your options after you complete your probation, but I think your options are limited. Open carry may be your only choice after your probation. Which may be why you came to OCDO?
§ 6109(e)(1)(viii). does not mention misdemeanor or felony. Only the maximumsentence, and is very different than:
§ 6105. Which relates to: Persons not to possess, use, manufacture, control, sell or transfer firearms.
§ 6109. Licenses.
(e) Issuance of license.--
(1) A license to carry a firearm........ 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).
Basically, as I read it,
§ 6109(e)(1)(viii), means no permit.
§ 6105, for the reasons listed in the statute,means no guns, and then by default, no permit.
Just my 1/50 of a dollar.Not much help for you, but I hope it clears things up a little bit.