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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27010
Experience:  Handle criminal matters in both state and federal courts.
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i live in NJ, i am charged out of state in PA, with a misdemeanor

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i live in NJ, i am charged out of state in PA, with a misdemeanor 1, carrying concealed w/out a permit while otherwise being able to obtain a permit, no criminal violence. how will this effect my gun rights in NJ?



you need to check and see if the carrying concealed charge is considered one of violence in Pennsylvania - i dont think it is as a misdemeanor - but that is key. under NJ law if one has been convicted of a crime of violence, then they would be precluded from possessing a gun in NJ -


usually, the only misdemeanor that precludes owership or possession is one of domestic violence - but check with the courts in PA and see how the charge is defined - if not a "crime of violence" then you will be good on getting the gun.



Customer: replied 7 years ago.
hello, the charge reads Misdemeanor 1. concealed carry with out a permit, no criminal violation. it carries a maximum 5 year jail term. i don't know if the jail term has anything to do with it. this is my only offense ever, and i don't want to lose my gun rights, or keep from getting a job. a guy that works at my local FFL dealer told me that out of state misdemeanors don't follow you, and that i should answer no to ever having been convicetd of a crime on the paperwork for a weapon, he also said i would pass a background check, but i'm not sure. and the local PA and NJ lawyers i spoke with do not know any better than i do.



well, that is not quite accurate - an out of state misdemeanor will follow you - as i stated, if you have a DV misdemeanor - under federal law and many states will preclude ownership


additionally, what i told you in my original post is based on NJ law - that if you have a misdemeanor conviction that is considered a "crime of violence" then under NJ law you cannot own a gun, possess a gun, etc - it does not specify that it has to be a NJ crime of violence. so the PA conviction can follow you - if it is a crime of violence.


so that is why you need to find out how the charge of carry without a permit is classified in PA. i highly doubt it is crime of violence - but you need to know. so contact the clerk's office or any district attorney or even the public defender's office in PA and see if it is classified in those "crimes of violence" again, i highly doubt it. the PA code is not fully online and so for me to make that determination would not be possible at this time.


Customer: replied 7 years ago.
ok, assuming it isn't an act of violence. when i fill out paperwork to purchase a firearm, do i answer no to , have i ever been convicted of a crime? if i answer yes then they won't even do the background check. and if i do answer no, will i pass the background check? again assuming it isn't an act of violence deal. and does the possible jail term length matter? sorry to keep asking, but... you seem to know more than the local PA, and NJ lawyers do!!



1 - i believe the question should be specific - for instance "convicted of a felony" or "convicted of a domestic violence" if it states simply "crime" then you need to answer honestly


2 - they always do a background check - regardless of your answers


3 - it depends on how the question is stated (see 1 above)


4 - jail term does not matter


no problem at all with the follow ups. that is why i am here



Customer: replied 7 years ago.

okay, the reason i ask about jail term, is because what i have been able to find on the net, says that any crime, that is punshable by more than two yrs jail time will preclude you from owning a weapon.

also the Guy at my FFL dealer told me that if you answer yes to the question of "have you ever been convicted of a crime" then the whole process stops. and that is amost word for word on how the question reads.

can the misdemeanor 1, be Plead down or dropped to anything that won"t hurt my life?



i still say that is only if a crime of violence - and that it is surely worth the effort to find that out and go from there.


the process cannot stop with a yes answer to a simple question of "have you ever been convicted"? - some people are convicted of misdemeanor thefts and that would not preclude gun ownership, you see - so there needs to be a background check, by law, to determine the nature and circumstances of the crime



Customer: replied 7 years ago.

well, i have a preliminary hearing on friday, so i will ask if it is considered a violent crime.


if it isn't and i can't get it reduced to something else or dropped, then hopefully i'll still be okay.


i guess i won't know till i try, it's just that i'm actually embarrassed about the whole thing.


thank you for the small ray of hope that i may not have totally screwed my life up.



i highly doubt it is a crime of violence - most times, crimes of violence are robberies with deadly weapon, burglaries in first, assault 1st, etc


good luck


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