Q's about my firearms eligability

wasnt mine but took the rap for my best friend
Click to expand...

Now that's a friend!

Either way, I'm guessing you aren't allowed to own a firearm as it stands right now. I believe I'd rid myself of the AK until I got this straightened out.
 
Maybe I'm missing something, but all I see are a misdemeanor possession and a misdemeanor DUI conviction. Why wouldn't he be allowed to own a firearm?
 
KLRANGL,

A misdemeanor may make one a prohibited person if the possible punishment exceeds one year imprisonment. I believe I've read of misdemeaners in some states that carry a punishment of imprisonment of up to 18 months. This of course varies from state to state.

18 USC 922
or has been convicted in any court
of, a crime punishable by imprisonment for a term exceeding one
year;
Click to expand...
 
Don, yes you are correct. Thanks for reminding me about that...

But I don't beleive either crime has a punishment for more than a year in PA.

Pennsylvania Criminal Status: BAC Per Se: Ungraded Misdemeanor; High BAC: Ungraded Misdemeanor; Highest BAC: Ungraded Misdemeanor.

Jail: BAC Per Se: 6-month maximum sentence;
High BAC: 48 consecutive hours jail time, 6-month maximum sentence;
Highest BAC: 72 consecutive hours jail time, 6-month maximum sentence.
Click to expand...
from http://criminal-law.freeadvice.com/drunk_driving/pennsylvania-dui.htm

Possession of Marijuana (pot) Penalties in PA are as follows:

* For 30 grams or less, you are facing misdemeanor charges of up to 30 days in jail, and a fine of $500.
* For possession of more than 30 grams, the penalties go up to 1 year in jail and $5000 in fines.
* Automatic six month loss of license.
Click to expand...
from http://www.pennsylvania-criminal-defense.com/drugpossession.htm

I still think there is no reason for him to not own a firearm, unless I am missing something...

Edit:
Im starting to think you failed the background check because the recent possession charge might have made you fail question 12e on the form 4473
Just a thought anyway...
 
Last edited:
Don H, the meaning of a crime punishable by imprisonment exceeding one year actually means the follow in PA and Federal laws.



PA: 18.61.6102 Definitions
"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.

Fed: 18.I.44.921 Definitions
(a)(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.
Click to expand...
 
Last edited:
"I don't keep them at my place anyway..."

Constructive possession may make you just as liable for them, assuming you are prohibited, than if they were slung over your shoulder, tucked in your waistband, under your bed, etc.

The advice to place them in someone else's exclusive care (as in you have no control over them) and to consult with a lawyer is sound.
 
You have a drug conviction based on association with drug users, poor judgement, get drunk in public, and have a DUI. You need to divest yourself of all firearms immediately, get a new attorney, and a new set of friends and social skills, cause even if your new attorney gets your record cleaned up, it's just going to get you in even bigger predicaments later on.
 
man, you are either a very loyal and standup friend for taking the rap for someone else's dope or just trying to snow everyone here, either way, I would exercise great care and caution, get rid of the guns, any and all immediately, and if you have cleaned up your act and want to move forward, spend that money you have saved and seek legal counsel soon, get it all taken care of so that you will not have any worry whatsoever of legal possession of a firearm, long gun or pistol and then proceed with starting that collection.
 
You must log in or register to reply here.
Back
Top