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I was recently denied a gun purchase because I have an M-1…

I was recently denied a...
I was recently denied a gun purchase because I have an M-1 misdemeanor charge of terroristic threats on my permanent record from 1982. I was drunk at the time and the guy hit my sister so in anger I said I'd get him. I live in Philadelphia, Pa. and I'm now 66 years old. I'm a card carrying member of AA and have been clean and sober for 25 years, I really don't see why this has to haunt me for the rest of my life. I tried to appeal this decision but it was denied. I'd like to know what steps can I take to remedy this situation?
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Answered in 2 minutes by:
12/7/2017
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,491
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am sorry to hear about this situation. According to 18 U.S.C. § 922(g)(1), the conviction makes one ineligible here. This essentially means anyone "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" is barred from possessing a gun. This also includes any family violence case regardless of range of punishment.

So on the face, one is not allowed to own a firearm. However, it is possible to have your right reinstated, but there is no guarantee. A party in your situation may wish to file for what is known as PARDON, also called CLEMENCY.

Essentially, PA may pardon your conviction. See here:

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

Now, there is no right for a pardon - it is at the state's discretion. The good news is that while many are denied, because you were young and it has been some time years, this is a better chance than most. It is important to specifically request a pardon that also reinstates your firearm right.

Once this is done, and if the conviction is pardoned, then the firearm restriction would be lifted. A pardon functions to void the conviction in the eyes of federal law. 18 U.S.C. 921(a)(20) and (a)(33).

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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,491
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer reply replied 4 months ago
Thank you for your help with this matter. It's greatly appreciated.

My pleasure. Good luck.

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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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