Firearms Possession: Are you a prohibited person?
Anyone convicted of a felony is prohibited from firearms possession but did you know…
In Pennsylvania, you can be prohibited from firearms possession if you have been convicted of any of the enumerated offenses found under Title 18, section 6105(b). Additionally, section 6105(c) outlines offenses that prohibit an individual from possessing a firearm, including driving under the influence of alcohol on three or more separate occasions within a five-year period. Federal Law also prohibits individuals from possessing a firearm. Under 18 U.S.C. 922(g), anyone convicted of a crime that has a maximum prison sentence of 2 or more years in state court is prohibited from possessing a firearm, regardless of the actual sentence received. That means under Federal Law, anyone convicted of a misdemeanor of the first degree or higher in Pennsylvania would not be allowed to possess, manufacture, control, sell or transfer firearms.
We have seen quite a few scenarios in which an individual was not aware their conviction would prohibit them from possessing a firearm until they completed a background check for the purchase of a firearm and were denied. In these situations it is very important to understand the questions you are answering because Pennsylvania State Police investigate the background checks. If you provide false information you can be charged and prosecuted for a felony offense. Do not guess on these questions, if you are unsure of how to respond, please consult with an attorney.
IS THERE ANYTHING YOU CAN DO TO RESTORE YOUR FIREARMS POSSESSION RIGHTS?
The short answer is YES but it depends on how long ago the conviction was. If it has been longer than 10 years you may be eligible to apply for relief. Individuals who qualify may make application to the court of common pleas of the county where they live for relief from the disability upon the possession, transfer or control of a firearm. Please contact our office to discuss the available remedies. When you call our office, if you mention this blog we will provide a free 30-minute consultation with one of our experienced criminal defense attorneys.
Firearms Possession: Are you a prohibited person? was last modified: December 28th, 2017 by Steven Trialonas