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who is prohibited to possess?

C

chesire17201

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I posed this question on another forum and figured I'd put it here too.....



Quote:
Originally Posted by GunLawyer001
A first degree misdemeanor means that you have left your firearms-owning days behind you, since it's punishable by up to 5 years in prison.




how so? the way I always understood it was if you were a convicted FELON, and CERTAIN misdemeanors, such as domestic violence, firearms related, substance abuse, etc....well, basically all the ones listed in the UFA.

I understand that any charge/coviction with more than a year POSSIBLE and you will fail pics to purchase/transfer, but I don't think it stops one from possesion of a firearm, does it?
 
N

ne1

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It has been some time since I read the regs, but IIRC the federal government prohibits a firearm purchase by any one convicted of a crime "punishable by imprisonment for a term exceeding 1 year". The definition given somewhere at 18 U.S.C. 921of "a crime punishable by imprisonment for a term exceeding 1 year" includes any misdemeanor punishable by imprisonment for a term exceeding 2 years. Hence, a second degree misdemeanor (punishable by a maximum term of two years) does not fall within federal disqualifying criteria while, as you have already observed, a first degree misdemeanor in Pennsylvania means you will no longer clear a background check. Pennsylvania is one of only a few states that have misdemeanors punishable by more than two years.
 
N

Neobayer

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I hate to bust your bubble however you are on shaky ground

From form 4473......................

11.(c) Have you ever been convicted in any court for a felony, or any crime for which a judge could imprison you for more than one year,even if you received a shorter sentence including probation (See Important Notice 4, Exception 1.)

From page 3

Prohibited Persons: Generally, 18 U.S.C. & 922 prohibits the shipment, transportation, receipt or possession in or affecting interstate commerce of a firearm by one who : has been convicted of a misdemeanor crime of domestic violence; has been convicted of a felony or any other crime, punisable by imprisonment for a term exceeding one year ( this does not include state misdemeanors punishable by imprisonment of less than two years): is a fugitive from justice; is an unlawful user of, or addicted to, marijuana or any depressant,stimulant, or narcotic drug, or any controlled substance: has been adjudicated mentally defective or has been committed to a mental institution;has been discharged from the Armed Forces under dishonorable conditions; has renounced his or her U.S. citizenship; is an alien illegally in the united States or a non immigrant alien; or is subject to certain restraining orders.
Furthermore, section 922 prohibits the shipment, transportation, or receipt in or affecting interstate transportation of a firearm by one who is under indictment or information for a felony or any crime punishable by imprisonment for a term exceeding one year

I think Pennsylvania law is similar.
§ 6105. Persons not to possess, use, manufacture, control, sell or transfer firearms.

(a) Offense defined.--

1. A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.
2. A person who is prohibited from possessing, using, controlling, selling, transferring or manufacturing a firearm under paragraph (1) or subsection (b) or (c) shall have a reasonable period of time, not to exceed 60 days from the date of the imposition of the disability under this subsection, in which to sell or transfer that person's firearms to another eligible person who is not a member of the prohibited person's household.

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


If convicted of a misdemeanor punishable by more than two years you become a prohibited person. At that point it is not your interpretation of the law that matters. Your continued freedom will hinge on how law enforcement interprets your situation. __________________
 
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