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-   -   Class A misdemeanor (http://www.firearmstalk.com/forums/f97/class-misdemeanor-98420/)

Marines 10-10-2013 12:09 AM

Class A misdemeanor
 
In 2012 I was arrested and convicted of NYC penal code 165.71 class A Misdemeanor of Trademark Counterfeit working as a street vendor, I served two days of community service.

I am planning on moving to Phili, Pa. in the near future, and as a 2a proponent, I am curious to know how this will effect any gun purchase or receiving a carriers license.

Thanks for help.

If this is the wrong place for this post, please accept my apology.

Axxe55 10-10-2013 12:16 AM

Quote:

Originally Posted by Marines (Post 1396888)
In 2012 I was arrested and convicted of NYC penal code 165.71 class A Misdemeanor of Trademark Counterfeit working as a street vendor, I served two days of community service.

I am planning on moving to Phili, Pa. in the near future, and as a 2a proponent, I am curious to know how this will effect any gun purchase or receiving a carriers license.

Thanks for help.

If this is the wrong place for this post, please accept my apology.

i am no lawyer and i would suggest talking to one to make sure, but IMO, from the 4473 ATF Form, i would say no, because it was a misdemeanor, not a felony. but please check with a lawyer to be on the safe side of the law.

here's the link to the ATF 4473 Form.

http://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

DrumJunkie 10-10-2013 12:21 AM

There's no way of knowing without being much more proficient in Pa. law how that will pan out. THe form does not ask about misdemeanors that I can remember but my short term memory isn't want it used to be.

I'd talk to a lawyer or jut give it a shot (pardon the pun) and see what happens.

c3shooter 10-10-2013 12:26 AM

Good advice from Axxe. Some general info from a non-attorney-

The 1968 Gun Control Act (Federal law) says you may not possess a gun if you have been convicted of a felony. Felony is defined as a crime for which you COULD have been sentenced to serve 1 year or more in prison. A misdemeanor the max sentence possible is 12 months or less. (like how clear they made that? Good! It is in how the law is worded.)

The Act was later amended to include any crime of domestic violence. A simple assault of a family member- which would be a misdemeanor- $25 and 30 days suspended- will cost you the right to possess a gun.

You should be in the clear, but check w/ an attorney or the PA State Police- and good luck with a carry permit anywhere around Philly.

BTW- see that is your first post- Welcome! Glad you found your way to us. Drop by the intro section and say hello when you get a minute. Keep a good sense of humor, play nice with the other folks, if you MUST run with the scissors, leave us your organ donor card or blood type. Poker starts at 10, beer in the washtub.

Axxe55 10-10-2013 12:37 AM

thanks C3! you are much better at stating it than i am!

and BTW to the OP, welcome to our forum!:D

vincent 10-10-2013 12:59 AM

C3 always bogarts the best answers...:mad: :p

OP...Welcome from NC! :cool:

TDS92A 10-11-2013 01:42 AM

Hey Marines!!

Welcome to the Asylum, where the inmates run the show (with the Mods permission, that is. :D)

P.S. Holler out to a Lawyer. ;)

AIKIJUTSU 10-11-2013 01:18 PM

The 4473 says "felony or other crime..."
So check with a lawyer.
Welcome to the forum, enjoy it.

Axxe55 10-11-2013 08:17 PM

Quote:

Originally Posted by AIKIJUTSU (Post 1398387)
The 4473 says "felony or other crime..."
So check with a lawyer.
Welcome to the forum, enjoy it.

...other crime, for which you could have been sentenced to a year or more is the key. even if you gor a misdemeanor that carried a sentence of a year or more, then i think you would have to list it. just my opinion.

checking with a lawyer is still the best advice though.


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