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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  10+ years defending Misdemeanor and Felony cases.
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I was charged two years ago with sec 4912 in Pa a

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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

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

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.
Customer: replied 8 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
Customer: replied 8 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.

Customer: replied 8 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.

Customer: replied 8 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.

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