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I was charged two years ago with sec 4912 in Pa a

misdemeanor 2nd degree and just...
i was charged two years ago with sec 4912 in Pa a misdemeanor 2nd degree and just finished my probation and want to know if i can possess firearms that i own and if I can purchase new ones
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Answered in 2 minutes by:
2/3/2017
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,359
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning.

Pennsylvania law provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she has been convicted of:

  • Possessing, using, making, repairing, selling, or otherwise dealing in any “offensive weapon,” including machine guns, sawed-off shotguns, firearms with a silencer, and stun guns1;
  • An offense relating to organized crime;
  • Possessing a weapon on school property;
  • Murder;
  • Voluntary or involuntary manslaughter involving reckless use of a firearm;
  • Aggravated assault;
  • Assault by a prisoner;
  • Stalking;
  • Kidnapping or unlawful restraint;
  • Rape, involuntary intercourse, or aggravated indecent assault;
  • Luring a child into a motor vehicle;
  • Arson;
  • Causing or risking catastrophe;
  • Burglary;
  • Criminal trespass (at the level of second degree felony or higher);
  • Robbery or robbery of a motor vehicle;
  • Felony theft or felony extortion accompanied by threats of violence (if it is the second conviction for said felony);
  • Felony receiving stolen property;
  • Impersonating a law enforcement officer;
  • Intimidation of, or retaliation against, a witness or a victim;
  • Escape from “official detention”;
  • Possession of weapons or implements for escape from a detention facility, correctional institution or mental hospital;
  • Riot;
  • Paramilitary training;
  • Possession of a firearm by a minor or corruption of minors;
  • An offense involving “facsimile weapons of mass destruction”; or
  • Unlawful sale or lease of weapons or explosives.

Pennsylvania law also prohibits the following individuals from possessing a firearm:

  • A fugitive from justice;
  • A person who has been convicted of an offense under The Controlled Substance, Drug, Device and Cosmetic Act;
  • A person who has been adjudicated as incompetent or involuntarily committed to a mental institution;
  • An illegal alien;
  • A person adjudicated delinquent under federal or state law as a result of conduct which, if committed by an adult, would constitute specified offenses under Pennsylvania law for a period of 15 years or until the person is age 30;
  • A person who is the subject of an active protection from abuse order that provides for the relinquishment of firearms; or
  • A person who is prohibited by federal law from possessing or acquiring a firearm because of a conviction for a misdemeanor crime of domestic violence.
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Customer reply replied 1 year ago
are there any exceptions and is there away to get my record expunged

There are limited circumstances in which a criminal charge may be expunged, they are as follows:

  1. You are over 70 years old with no arrests for 10 years;
  2. You have been dead for at least 3 years;
  3. The offense being expunged is a summary offense and you have not been arrested for the previous 5 years;
  4. Successful completion of the ARD program or Section 17 probation; or
  5. If the criminal charges are dismissed, withdrawn, nolle prosequied, or result in a not guilty verdict
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Customer reply replied 1 year ago
i am 53 does that mean i am not eligible

I am sorry but that is correct. PA is limited with expungement, unlike other states, they are a lot stricter.

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Customer reply replied 1 year ago
is there any other way like a pardon

You can try for a pardon and see if you qualify and I have provided a link below with the information you will need.

http://www.bop.pa.gov/application-process/Pages/Process.aspx

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Customer reply replied 1 year ago
can you tell me what my chances are for a pardon

It is on a case by case basis. There is no way of knowing and I wish I could tell you the chances or provide you with a percentage but it is not possible. A party needs to go through the process and worse case, it is denied.

CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,359
Experience: 10+ years defending Misdemeanor and Felony cases.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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