How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33100
Experience:  16 yrs. of experience including criminal law.
11181181
Type Your Criminal Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I was turned down in Pa. too buy a hand gun. I have a misdemeanor

This answer was rated:

I was turned down in Pa. too buy a hand gun. I have a misdemeanor M-1. I did 6 months probation for the crime. The charge was pornograph materials. Nothing to do with guns.
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

That is odd...were you denied on the federal check? Did they state a reason (Since an non DV misdemeanor is not a bar to gun ownership)?
Customer: replied 5 years ago.
I'm not sure if it was A State or Federal back ground check. I sent a form in about two weeks ago for a reason I was denied.
Thanks

Just a moment, I am pulling the law....
OK, I have the PA Law...can you tell me what section of the PA law was the M1 Conviction? Was this child porn? Or something else?
Customer: replied 5 years ago.
No it wasn't child porn. It was called obscene pornography
There is something wrong here. Here is the law that applies in PA

18 PaCS 6105

Take a look at para (b)...you can see the offenses that make is illegal for a person to own a firearm. Pornography is not on there (I asked if child porn, since "corruption of minors" is...and thought perhaps that it was related...but it seems not).

BotXXXXX XXXXXne: There is a mistake it seems. The offense you were convicted of is not a bar, under PA law, to firearms ownership.

I would first contact your state Attorney General and get a copy of your criminal record....MAKE SURE ITS ACCURATE. If they have you down for a conviction you did not do, you need to address that.

Then, assuming the record is correct, I go back to the authority that denied your application and request they re-evaluate...do this with a copy of your criminal record and the PA law above in hand.

It seems there is a mistake, either with your record, or with the licensing authority...but it is possible to fix.
P. Simmons and 7 other Criminal Law Specialists are ready to help you