Tag Archives: POSSESSION

Can I obtain a pistol permit with a disorderly conduct on my record?

Q: I had a Disorderly Conduct charge 9 years ago. I know it stays on my record, but can I obtain a pistol permit and own a hand gun?

A: A Disorderly Conduct can either be charged as a misdemeanor or a summary. Currently as a misdemeanor, it is graded as a level 3 (M3). I will assume it was graded as such nine years ago. If you either pled guilty or were found guilty of a M3 nine years ago, you should be eligible to possess a firearm in PA. If it was a summary offense you are likewise not barred from possessing a firearm. You should be eligible for an expungement of both.

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.

Can my friends be issued a subpoena?

Q: My three friends and I were caught in a car with a bookbag that had marijuana and marijuana related paraphernalia in it. The car was not turned on or moving. It was just really cold and windy so we got in the car to smoke. I took full responsibility and my friends weren’t charged. It’s been over a month and I haven’t been charged yet, but I know it’s coming. Is there a chance my friends will get subpoenaed once I get charged?

A: Your friends may likely be arrested with you, assuming the officer took their information. Since you took the blame they may not be. It is up to the officer. If there is evidence of MJ being smoked in the car, there is a greater chance all will be arrested through the summons process. Tell your parents and have them get you a lawyer. There may be a defense here in lack of probable cause and if not there are other options than pleading guilty so you can avoid a criminal conviction.

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?

Can I get a gun permit in PA with a plea bargain to a simple assault charge?

Q: I had four chargers and plead out to a simple assault. I got a 100$ fine and court costs all of which were paid in full and finished probation early.

A: If the Simple Assault was graded as a Misdemeanor 2 or higher (M1, F3, F2, F1, etc.), and you pleaded guilty to it,  then you will be prohibited under Federal Law from possessing a firearm which will preclude you under the PA Uniform Firearms Act.  If you were convicted of a Mutual Combat Simple Assault which is graded as a M3, you will be OK. You need to order your criminal history to be certain of what you were convicted of.

 

With a M1 theft by deception, may I buy a firearm In PA?

Q: I called the sheriff department explain the charge and told him I was denied a license to carry permit. Could I still purchase a firearm, he stated that I could. So, I was just following up on his statement, better safe than sorry.

A: Do not rely on police officers, deputy sheriffs and gun store employees regarding the specifications of the PA Uniform Firearms Act. Very few of them know the nuances of this rather complicated statute. If you have any prior criminal conviction greater than a misdemeanor 3 you are barred from possessing a gun under federal law and therefore barred under the PA Firearms Statute. If you are not sure that you were guilty of an M 1, obtain your criminal history from the PA State Police.

SON CITED FOR UNDERAGE DRINKING. SHOULD WE PLEAD?

Q: My son was caught underage drinking on a college campus. He was not breathalyzed, he admitted he drank. Can he be charged? Public safety supposedly questioned my son and friends. Three of them admitted to drinking, the others did not. They were told possible underage drinking charge or noise violation would be the outcome. We have to wait until the paperwork is mailed to us. Should I get a lawyer?

 

A: Yes, he can be charged with Possession, Consumption or Transportation of Alcohol under section 6308 of the crimes code. Hire a local lawyer. The lawyer will know different ways to ultimately get the case dismissed so your son can leave this event without a criminal record. Otherwise, this offense, although only a summary level crime, will stay on his record for 5 years and he can only expunge it if he has been arrest free in that 5 years. In addition, he will face a driver’s license suspension from PennDOT, if he pleads or is found guilty.

MARIJUANA, XANAX, MDMA IN MY HOUSE-WHAT TO DO?

Q. Can I pursue probation without verdict? The house I was staying at was raided. I am a student who was living in the dorms last semester, had a lease signed for a house beginning June 1st. Between then I was living at my friend’s house, and also my girlfriend’s house. Found in the house that was raided was 7lbs of marijuana, Xanax, and five ounces MDMA. I was charged with everything possession of the three and intent to deliver marijuana and MDMA. The marijuana and Xansa was in a safe and was not mine. I had no contact with it at all. Three ounces of MDMA belonged to me. However, lab tests will confirm that it is not MDMA. I believe it will come up as a synthetic cathinone. A warrant is out for the owner of the marijuana and Xanax. I was told those charges will be dropped from me as soon as he confesses to owning them.

A. You need a lawyer. I would have an attorney evaluate the legality of the search and the law of possession as it applies to these specific facts. You may have viable legal defense issues that even if they may not guarantee a win down the road at trial, may push the DA to offer an acceptable deal. A deal that results in no conviction for you is the goal. As you may know, a drug conviction will stay on your criminal history forever and will result in a driver’s license suspension. It will require good old fashion legal work-fighting the case but simultaneously badgering the DA for a deal for kid with no criminal history. Probation Without Verdict could also be a possibility for you, but it will take a lot of legal work and not merely asking the DA or police for mercy.