Tag Archives: UNIFORM FIREARMS ACT

How do I go about handling a fleeing and eluding charge?

Q: I was joyriding with some of a few old friends and state troopers had flashed their lights, but I didn’t see them until they were behind me completely. Once I had announced to everyone in the car that they were behind us, the friend in the passenger passed back a black hat which unbeknown to me, had a gun in there. So eventually I see an exit ramp and try to come off, but I was going too fast and lost control of the car and crashed. Now I’m and being charged with fleeing or eluding an officer, firearm not to be carried w/o license (no crim-violence) and reckless endangering another person. (Butler County, PA)

A: Lawyer up, immediately! Gun cases (Uniform Firearms Act) are taken seriously by the DA and not often bargained down. There is always reasonable doubt for an attorney to work with when there is a gun or drugs found in a car with multiple occupants. You need a good attorney to develop that “black hat” defense. It will be easier for everyone in the car if someone admits to possessing the gun. A good attorney may be able to spin the fleeing and eluding into a summary traffic offense like reckless driving or careless, but it will be a challenge. You need to hire a private attorney or sign up with the PD, now.

Can I possess and buy a gun in PA after two DUI’s?

Q: I got my first DUI on 8/12/15 section 3802c dui bac .16+ with no ARD. Then I got another DUI 5 months later 2/6/16 which was a tier 2 but it was dropped to a tier 1 It is listed as a section 3802a1, DUI general impairment. I asked my probation officer if I was permitted to own or buy a gun. He said that I could because they were just minor misdemeanors. Some say you can’t but he said I could. I just want to make sure I cross my t’s and dot my i’s. I’m still on probation for 3 months. I’d love to hunt again if I can.

A: If this second DUI pleaded to was a misdemeanor 2 or above, you cannot possess a firearm in PA. You may want to consider bow hunting.

Can I possess and buy a gun in PA after two DUI’s?

Q: I got my first DUI on 8/12/15 section 3802c dui bac .16+ with no ARD. Then I got another DUI 5 months later 2/6/16 which was a tier 2 but it was dropped to a tier 1 It is listed as a section 3802a1, DUI general impairment. I asked my probation officer if I was permitted to own or buy a gun. He said that I could because they were just minor misdemeanors. Some say you can’t but he said I could. I just want to make sure I cross my t’s and dot my i’s. I’m still on probation for 3 months. I’d love to hunt again if I can.

A: If this second DUI pleaded to was a misdemeanor 2 or above, you cannot possess a firearm in PA. You may want to consider bow hunting?

Can I obtain a gun permit with a Simple Assault on my record?

Q: I have a domestic simple assault from Arnold, PA. I live in Oil City, PA now. Can get a handgun if this happened in 1995? I have not had any arrest or anything sense and never been in any other trouble in my life all but that one time. I want to get a hand gun for hunting but need to get past the background check and this simple assault is kind of holding me up. (Oil City, PA)

A:  If you were convicted, unless your simple assault was a mutual combat M3, you cannot get a license to carry nor can you own or possess guns. I would check to see if you were actually convicted by obtaining your criminal history from the PA State Police. If you were not convicted, the arrest record will be on file and may prevent a permit being issued to you or a gun being sold to you. If you were not convicted, you can expunge the arrest record and should have no problem obtaining a carry permit.