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Question

I live in Ohio and have a concealed carry license and was convicted of impersonating a peace officer, the charge was a misdemeanor of the 4th degree which allowed me to keep my ccw in Ohio as the charge was not a felony. I pleaded guilty to the charge and recieved no jail time just probation. I was allowed to keep my ccw in Ohio even after the conviction because it was a m4. I also have a out of state ccw in Pennsylvania and was just looking at their rules. It lists a number of disqualifiers in pennsylvania code 6105 and impersonating a police officer is one of them but if you look at all the rest they require it to be a felony but it does not say for impersonation of a peace officer if it has to be a felony. I am looking for an answer on that subject. Can I still have my ccw in Pennsylvania?

Submitted: 127 days and 21 hours ago.
Category: Criminal Law
Value: $48
Status: CLOSED
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Optional Information

State/Country relating to Question: Pennsylvania

Posted by PaulMJD 127 days and 21 hours ago.

Answer

Where they list specific charges, just because it may have been a misdemeanor in another state, that charge in Pennsylvania would still exclude you from your CCW there because it is on the prohibited list, whether yours was a felony or not it was impersonating a peace officer and that is what they look at not whether it was a felony or a misdemeanor because each state classifies many of the same crimes differently for sentencing. What you need to do is work to get the impersonating charge plea vacated and expunged upon your completion of your sentence.


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127 days and 20 hours ago.

Reply

I don't understand I am still valid in Ohio with my ccw I have no other criminal history. What are the specifics that Pennsylvania wise of the impersonation of a peace officer because it reads that is equal to in other states. What is pennsylvanias law an does the charge I was given truly equal their definition?

Posted by PaulMJD 127 days and 20 hours ago.

Answer

Here is the PA Statute, it falls under impersonation of a public servant, but you can try your argument with the State of PA, it is not going to work, because the impersonation of a public servant, which covers law enforcement officer, is a misdemeanor in PA as well.

18 Pa.C.S.A. § 4912 Impersonating a public servant Article E. Offenses Against Public Administration CHAPTER 49. FALSIFICATION AND INTIMIDATION

SUBCHAPTER A. PERJURY AND FALSIFICATION IN OFFICIAL MATTERS

A person commits a misdemeanor of the second degree if he falsely pretends to hold a position in the public service with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense to his prejudice.


127 days and 20 hours ago.

Reply

The reason I was given a misdemenor in Ohio is because I did not try to objectify myself as a police officer to make anyone to make them do anything that would fall under the scope of what a law enforcements capacity is. What I did was extremly stupid I have gone through the police academy in Ohio but at 22 a congenital issue in my back popped up I never knew was there and put me in excruciating pain and no medical fix. So I never tried to get a job from any PD because I became disabled and therefore never got a job and had no commission held anywhere. I had many friends in law enforcement and one had given me a badge which I had for quite sometime and one night my son was spending the night at a friends house and later that night the mother of the child he was spending the night at came over crying because "she could not hit him becuase he was underage", she had come to get my wife not me, as some one was beating up someone at her house she never specified which none of this really matters I am just giving you the story. I thought since she came to get my wife that my son was the one who was in danger from another child in our neighborhood so I grabbed the badge to scare the kid and have everything return to normal well someone called the police and I walked over to her house and did not see the police until it was to late and when the officer saw me I had badge in hand and freaked out and told him I was a ex police officer with a certain city and they later found out that was false and charged me with impersonating a peace officer. I am not trying to argue with you I am just giving you all the facts and in your opinion what I should do from here.

Accepted Answer

The problem is that PA is not going to look at the circumstances of why you were charged, they are going to look at the charge itself. The only chance you have is to get the Ohio court to vacate the guilty plea and get the charge expunged and you would need to get an attorney to pursue the expungement process for you.


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Expert: PaulMJD
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Answered: 11/14/2009

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