Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

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
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 minutes by:
2/3/2017
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 29,443
Experience: 10+ years defending Misdemeanor and Felony cases.
Verified

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

Ask Your Own Criminal Law Question

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.
Ask Your Own Criminal Law Question
Customer reply replied 11 months 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
Ask Your Own Criminal Law Question
Customer reply replied 11 months 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.

Ask Your Own Criminal Law Question
Customer reply replied 11 months 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.

Ask Your Own Criminal Law Question
Customer reply replied 11 months 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: 29,443
Experience: 10+ years defending Misdemeanor and Felony cases.
Verified
CrimDefense and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask CrimDefense Your Own Question
CrimDefense
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 29,443
29,443 Satisfied Customers
Experience: 10+ years defending Misdemeanor and Felony cases.

CrimDefense is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
If my husband who was arrested for domestic violence, also
if my husband who was arrested for domestic violence , also has a record with the D.C.Y.F , plus a past domestic violence.. do any have a statue of limitations ? does the dcyf record of abuse towards … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband is in jail for domestic violence. What is the
My husband is in jail for domestic violence. What is the usual punishment in the state of California? … read more
CrimDefense
CrimDefense
CriminalDefenseAtty
29,443 satisfied customers
In a domestic violence case, can a DA prove beyond a
In a domestic violence case, can a DA prove beyond a reasonable doubt I, defendant, is guilty if there are no witnesses (none of our 2 kids saw or heard anything), police arrived after it happened, an… read more
CrimDefense
CrimDefense
CriminalDefenseAtty
29,443 satisfied customers
I have a domestic violence charge against me. Jan 3. 9. Not
not really no one was hurt just a slight shove i have no criminal record… read more
CrimDefense
CrimDefense
CriminalDefenseAtty
29,443 satisfied customers
If someone was charged 2 counts of battery domestic violence
if someone was charged 2 counts of battery domestic violence 25 years ago can he purchase a gun in the state of fla and and this was hisfirst time in trouble with the law and he serverd only probation… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
How can I get my misdemeanor expunged without going through
How can I get my misdemeanor expunged without going through a lawyer? Can I file it myself? Also how long is the process?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My partner filed a domestic violence report but did not
My partner filed a domestic violence report but did not press charges , the police told her they would come looking for me, what should I do … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers
Was involved in a Domestic violence case with my wife.
Was involved in a Domestic violence case with my wife.Incident details: Had an argument and accident in the kitchen involving my wife, during which i accidently touched a hot pan her upper chest area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How can a person stay in jail for Domestic violence third
Hi how long can a person stay in jail for Domestic violence third degree? What's the best place to get a criminal background reports? I live in a small town. To small. No secrets. My crack addict cous… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was convicted of domestic violence in WA state in 2010.
I was convicted of domestic violence in WA state in 2010. Since then, I have moved to Virginia, and wish to purchase a muzzleloader/black powder rifle to hunt with. It is my understanding that Virgini… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
What are the steps to drop a criminal (domestic violence)
Good afternoon, what are the steps to drop a criminal (domestic violence) case against my ex-boyfriend … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
How can you expunge a misdemeanor conviction in pennsylvania
how can you expunge a misdemeanor conviction in pennsylvania for a minor domestiv violence incidnet where the father in law and boy friend came to grappling with each other no one was hurt. the old ma… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
My friend has a previous gun charge it was a misdemeanor but
My friend has a previous gun charge it was a misdemeanor but now is being charged with aggravated assault … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
My Son was arrested last night for a domestic violence
Hi, my Son was arrested last night for a domestic violence charge, we go to court tmrw, judge said if he plays guilty he can give him the minimum which is a class, and that would keep it off of his re… read more
CrimDefense
CrimDefense
CriminalDefenseAtty
29,443 satisfied customers
If someone plead guilty to a misdemeanor domestic violence
Hello, if someone plead guilty to a misdemeanor domestic violence and the police report shows he had a false social security number and driver's license (which was not true) and we have requested a ce… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
I reported my ex for domestic violence and rape. I was told
I reported my ex for domestic violence and rape. I was told he would be arrested and bail conditions put in place. He has been arrested but I have now been asked to go to the police station next week … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I am trying to find out if misdemeanor theft can be expunged
I am trying to find out if misdemeanor theft can be expunged in MD … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
What is the sentence for involuntary manslaughter of two
what is the sentence for involuntary manslaughter of two counts? not under the influence … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x