Tag Archives: FIREARMS

What is the punishment for answering wrong on a firearm application in PA?

Q: Record only shows a juvenile misdemeanor. He was not aware that his juvenile record would count against him. He thought that would be fine by now. He went to buy a rifle and he answered a question wrong. Now he is going to court. What is the prognosis on this? (Pittsburgh, PA)

A: To answer your question the best I can with this limited information, I will assume your son’s juvenile conviction was a misdemeanor 2 or greater, it appears on his criminal history and it is not an offense that can be expunged after he reached age 21. Based on these assumptions, he can be charged with 18 PA. C.S. Sec. 6111, Sale or Transfer of Firearms, a Felony 3. He can also be charged with 18 Pa. C.S. Sec 4904, Unsworn Falsification to Authorities, which is a Misdemeanor 3. I have some luck with these cases in my county based on how poorly written and confusing the question on the “Firearm Transaction Record” is. I suggest he hire a lawyer to investigate his prior offense and to represent him on these charges.

Can a felon live in a house with guns?

Q: He has been convicted of burglary, criminal conspiracy, theft by unlawful taking, receiving stolen property felony 2 and felon 3 and lives with his parents who have multiple guns in a safe His mother keeps one in her purse and father keeps one next to his bed. He also regularly smokes weed and recently took up drinking again. Within the last couple months, he has posted three videos to his social media of him shooting a gun. Is it legal for him to live there with the one being accessible to him. He’s about to get some custody back of his kids and have them in this home. (Pittsburgh, PA)

A:  If smoking weed and drinking are prohibited by the terms of his parole or probation, he is in violation of parole or probation. It is illegal to smoke marijuana, at least currently. As for the guns, as a convicted felon, he would be prohibited from possessing a gun by PA and Federal firearms statutes.

If my father with Alzheimer’s hurts someone can my mother or I be sued?

Q: My father has Alzheimer’s Disease. He is belligerent, lost frequently. He has two guns with carry permits. My mother is in denial and I am concerned he will hurt someone. Am I liable because I knew he was not totally competent? He lives in Michigan. I live in PA. (Ross Township, PA)

A: My thought would be generally, you would not be liable. However, my concern would be that if you are aware of his propensities and that can be proven (i.e., you take him to doctors, letters to you by physicians or persons complaining of his behavior, you admitted him to a hospital, etc.) and he hurts someone, that Michigan may have a statute which extends criminal or civil liability on those with such knowledge. I would consult with a Michigan attorney and I would work to get these guns out of the house. Some states have a mechanism whereby the local sheriff upon being notified of mental incompetency, can remove guns. You may want to call the firearms department of the local sheriff or appropriate law enforcement in Michigan to see if they can advise you.

How much jail time for lying on a gun application?

Q: My fiance very stupidly went to buy a shotgun at Walmart and checked the “no” box for having prior felonies. He has prior felonies, including weapons charges. They just called him yesterday and pressing charges for a felony offense of Sale of Transfer of firearms under 18 Pa.C.S.A § 6111(g)(4)(ii) for “knowingly and intentionally” making a background check materially false written statement in connection with the purchase, delivery, or transfer of a firearm. Making a false statement includes completion of the gun application form. The other charge is a misdemeanor offense of Unsworn Falsification to Authorities and he had his arraignment today. His preliminary is going to be on March 15th. What can I expect? I am pretty sure it will go to trial, but will I get lucky and him not get jail time? A:  Sometimes I get these cases withdrawn at the Preliminary Hearing where the person is otherwise a good citizen, has one criminal case in their history and it is believable that that they were unaware that the past crime carried a term of incarceration of more than one year. Other times the police officer and/or the DA are not so generous. The wording of the form that one must sign when purchasing a firearm, in my opinion, contains insufficient notice and is confusing to those untrained in the law. However, your fiance is well-aware of his prior four felonies and his actions are more difficult to explain. Does he have brain damage or is he incompetent? Is he illiterate and couldn’t read the form? I say this seriously as mental health and cognitive problems are the plague of many violators of the law. As for him going to jail, with four felony convictions, the sentencing guidelines will call for incarceration. However, due it being a non-violent offense, and the confusion of the ill-written form, I can usually keep people out of jail. You should have a lawyer review the entire case before you give up on it.

Is there any way for me to have a gun license after my only conviction for drugs 18 years-ago?

Q: In 1999 when through a divorce, did not know how to accept it. I was introduced to drugs got caught. Now, after 18 years this past is haunting me. This was my first offence and only conviction.

A: It depends if you were convicted, and if you were, if it was an ungraded misdemeanor for possession or a felony for possession with intent to deliver or delivery. I would check your record to confirm what happened when you went to court in 1999.

 

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?

Will my ex will get his gun license back?

Q: My ex tried killing my daughter and I by running our van over a cliff. I grabbed the steering wheel and instead we hit a parked car and totaled my van. They wanted my daughter to testify and she had a major panic attack and her blood pressure went sky high. So, they made us drop it to two Simple Assault and Reckless Endangerment and other charges. He also has three Protection from Abuse petitions on him in three weeks of each other. Will he get his gun license back in Pittsburgh, PA?

A: Simple Assault and Reckless Endangerment of Another Person to my knowledge are both misdemeanors 2’s. As such, if convicted, either would bar a person from possession a firearm under PA law and Federal law. I do believe an active Protection from Abuse Order will also preclude one from possessing a firearm in PA.

Will felony keep me from getting my carry permit?

Q: I caught a minor felony like 8 years ago. I did a few months in the county and they let me out early. Do I still have this on my record and can I pay an attorney to take it off?

A: You don’t catch a felony, like a cold or virus. There were probably some events-mainly your behavior-that led up to the charge or charges which were followed by court proceedings. First, get your criminal record from the state police to see what happened in court if you are uncertain that you were convicted of a felony. Many of my clients are unsure of what happened after they went to court. Some think nothing happened to them and they got out of it somehow when in reality they pleaded guilty and received probation. Next, there is no such thing as a minor felony. It is like saying you someone is the tallest midget in town. The person is still a midget. You are still a felon if you were in fact convicted of a felony. As a convicted felon, you are barred from possessing a firearm under PA and Federal law.

 

Son’s Probation Officer Says I Can’t Have Firearms in MY House

Q: My 19yr old step-son who still resides in MY house just got two years of probation. His probation officer is telling him I’m not allowed to have MY firearms in MY house while he’s on probation and living here. MY firearms are locked in a steel safe and I’m the only one who knows the combination. Don’t I have any rights here? What are my options?

A: Obviously, unless you are precluded from possessing firearms under PA or Federal law, you may keep an entire arsenal in your home. However, if it is a condition of your step-son’s probation that he may not live in a home where firearms are kept, he cannot live there while on probation. This law is not directed to you, but to him. Your options are to transfer possession of the guns to another person, transfer your son to another person whose home is acceptable to probation, or, have an attorney file a motion with your son’s judge to lift this condition of his probation.