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legalgems
legalgems, Lawyer
Category: Criminal Law
Satisfied Customers: 15523
Experience:  Just Answer consultant at Self employed
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Am I allowed to purchase a firearm in PA with an arrest from

Customer Question

Am I allowed to purchase a firearm in PA with an arrest from 2003 ? I was arrested for Possession of marijuana when I was 16 in New York.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: I currently live in PA and I was arrested back in NY of 2003.
JA: Has anything been filed or reported?
Customer: I had to do community service , I didn't do any jail time or have any probabtion
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 8 months ago.
Category: Criminal Law
Expert:  legalgems replied 8 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 8 months ago.

Parties convicted of violations of the Controlled Substance, Drug, Device and Cosmetic Act are precluded from gun ownership pursuant to 35 Pa. Stat. Ann. § 780-101 et seq.

However it is possible to file a motion with the court requesting permission to own a gun. Please see 18 Pa. Cons. Stat. Ann. § 6105(d).

Customer: replied 8 months ago.
I purchased a firearm 5 years ago with no issues. Why is it an issue now?
Expert:  legalgems replied 8 months ago.

Perhaps the conviction did not appear during the background check conducted before.

Customer: replied 8 months ago.
am I not allowed to own my firearm then?
Customer: replied 8 months ago.
How can something not appear on record one year then appears another? Is the system not that thorough enough on purchasing firearms ?
Expert:  legalgems replied 8 months ago.

Pursuant to 35 PA Stat Ann 780-101 et seq it would require court approval.

There have been instances where the required background check misses past convictions. Please see for example:

https://www.washingtonpost.com/national/fbi-database-for-gun-buyers-missing-millions-of-records/2017/11/10/dd87ff8c-c4c4-11e7-aae0-cb18a8c29c65_story.html

Expert:  legalgems replied 8 months ago.

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.