Need a little help.

coathanger · August 24, 2012, 05:58 PM

OK,Got in some trouble 35 years ago.Nothing bad they found some weed on me back in THE HAY DAYS. I know i cant own a hand gun. What i would like to know can i own a shoot gun? THANKS, COATHANGER,N.E.P.A.

Davey · August 24, 2012, 06:20 PM

You need a lawyer. Period.

pnac · August 24, 2012, 06:28 PM

It depends. Were you arrested and convicted? An arrest without conviction means nothing in some states/counties.

maestro pistolero · August 24, 2012, 07:33 PM

Do you know that it was a felony?

**Tom Servo** · August 24, 2012, 08:46 PM

If you were convicted of a felony, you're barred from owning or being in possession of firearms of any type.

Who told you that you couldn't own a handgun? Was it a court order?

a7mmnut · August 24, 2012, 09:15 PM

It depends on the state you're in which you were charged. A friend of mine just got his expungement from Texas--very similar circumstances. North Carolina is advertising the same legal offerings with dates back to 1994. It is a rather exhausting process and involves legal fee costs, but it seems worth it just to rid an infectious concious. Contact a lawyer for details and an expungement details list. Good luck. -7-

hermannr · August 24, 2012, 09:24 PM

A lot of states have methods to remove those kinds of convictions...in some states teh removal of some is automatic after specified time periods. Some states you will need a lawyer, in WA it is set up so you can do the appeal yourself.

Check your state law. You will probably have to obtain a certified copy of the conviction to know exactly what needs to be done. Different courses for different convictions. Something like weed is probably very simple. (at least it is here)

wally626 · August 25, 2012, 10:09 AM

If you are banned from owning a handgun you are also, on the federal level, banned from owning a shotgun. Some states have slightly different rules for buying handguns versus long guns as well as for getting carry permits. Hard for Internet advise without knowing your location and specifics of the conviction.

Stressfire · August 25, 2012, 10:21 AM

Well, just how much is some? Currently, AFAIK, different states have different guidelines. In Ohio, you mush have over 100 grams to be considered a felony possession or smaller amounts packaged individually to be considered intent to distribute. Anything under 100 grams is still a misdemeanor.

It really depends on the state - some states have revised drug laws to be a little more lenient, while others still have laws on the books that make possession of any amount a felony

Having a drug conviction doesn't discount you from owing or possessing firearms, but a felony drug conviction does

coathanger · August 25, 2012, 10:43 PM

Sorry to say back in THE HAY DAYS it was a FELONY. So yes i got a felony. They made me a deal. I was young and didnt know what to do. Plus my lawyer back then just got of school. Took the deal. And that was just like a convicted. THANKS EVERYONE FOR THE INFO. SORRY FOR THE TYPO.

Jim March · August 26, 2012, 01:14 PM

Under FEDERAL rules, muzzle-loading guns don't qualify as "firearms" - even modern replicas. You can therefore own the kind of stuff Wild Bill Hickock carried, including front-stuffer double-barrel shotguns and six-shooter percussion revolvers.

Now, some states have rules more strict than the feds, some don't. So ownership of this class of old-school stuff is legal for you only in some states. I would seriously consider researching this, and whether or not this matters for street carry or home defense only.

If you are in this boat, I would score a replica of an 1858 Remington revolver in .44 caliber cap and ball. It has certain advantages over the equivalent Colt clones - topstrap is solid so the Remmie is tougher, and you can safely lower the hammer between two chambers so you can carry it six-up.

Failing that, your best home defense setup is probably a crossbow...repeating crossbows do exist

.

TXsnake · August 26, 2012, 08:30 PM

In Texas, a convicted felon cannot possess a firearm until 10 years after his case concludes. Then, he may have one in his home. So if you were on probation for 10 years and you did not terminate it early, it would be 20 year until you could possess one in your residence from sentencing. If found to be in possession of a firearm in the interim, you would be looking at another felony charge.

Don H · August 26, 2012, 09:40 PM

The State of Texas may allow firearm possession by a felon after a certain amount of time but the federal government does not and federal law would override Texas law in this case.

18 USC 922(g):

Quote:

It shall be unlawful for any person—
(1)who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

It would also be a federal crime to knowingly provide a felon with a firearm.

coathanger · August 27, 2012, 02:45 AM

I forgot to tell ya that i live in a little town in P.A. SORRY.

**Spats McGee** · August 27, 2012, 12:27 PM

If you want to try to regain full firearms rights, you need to speak to a lawyer who is fluent in: (1) criminal law; and (2) firearms law. The two phrases that you'll need on hand for such a conversation are: (a) expungement; and (b) restoration of rights.

Good luck!

hermannr · August 27, 2012, 02:34 PM

You might want to read this and be very familure with it:

http://reference.pafoa.org/statutes/...-commonwealth/

BTW: This sounds similar to WA law. I which case you can probably do it yourself. In our state it is specifically set up to do it yourself without a lawyer, and the lawyers here will not even talk to you about it (unless it was a major felony (like intent to distribute), not just for possession.

Webleymkv · August 27, 2012, 05:54 PM

Quote:

Sorry to say back in THE HAY DAYS it was a FELONY.

This statement gives the impression that the possession charge for which you were convicted was a felony at the time of your conviction, but that the same charge would no longer be a felony today. If this is the case, it may be significant in that it might make the process of getting your rights restored much easier.

Jim March · August 28, 2012, 12:48 AM

The PA definitions of "firearm" and "loaded" don't make any allowance for percussion guns, unfortunately:

http://reference.pafoa.org/statutes/...2/definitions/

So the front-stuffer option is out in PA. I know it's still a thing in some states...anybody know which ones? Maybe this dude could move?

August 24, 2012, 05:58 PM	#1
coathanger Junior Member Join Date: August 24, 2012 Location: N.E.P.A. Posts: 3	Need a little help. OK,Got in some trouble 35 years ago.Nothing bad they found some weed on me back in THE HAY DAYS. I know i cant own a hand gun. What i would like to know can i own a shoot gun? THANKS, COATHANGER,N.E.P.A.

August 24, 2012, 06:28 PM	#3
pnac Senior Member Join Date: September 7, 2008 Posts: 550	It depends. Were you arrested and convicted? An arrest without conviction means nothing in some states/counties. __________________ In my hour of darkness In my time of need Oh Lord grant me vision Oh Lord grant me speed - Gram Parsons

August 24, 2012, 08:46 PM	#5
Tom Servo Staff Join Date: September 27, 2008 Location: Foothills of the Appalachians Posts: 13,059	If you were convicted of a felony, you're barred from owning or being in possession of firearms of any type. Who told you that you couldn't own a handgun? Was it a court order? __________________ Sometimes it’s nice not to destroy the world for a change. --Randall Munroe

August 25, 2012, 10:21 AM	#9
Stressfire Senior Member Join Date: June 16, 2011 Location: Ohio Posts: 1,497	Well, just how much is some? Currently, AFAIK, different states have different guidelines. In Ohio, you mush have over 100 grams to be considered a felony possession or smaller amounts packaged individually to be considered intent to distribute. Anything under 100 grams is still a misdemeanor. It really depends on the state - some states have revised drug laws to be a little more lenient, while others still have laws on the books that make possession of any amount a felony Having a drug conviction doesn't discount you from owing or possessing firearms, but a felony drug conviction does __________________ "The best diplomat I know is a fully charged phaser bank" - Montgomery Scott

August 25, 2012, 10:43 PM	#10
coathanger Junior Member Join Date: August 24, 2012 Location: N.E.P.A. Posts: 3	Thanks for the info Sorry to say back in THE HAY DAYS it was a FELONY. So yes i got a felony. They made me a deal. I was young and didnt know what to do. Plus my lawyer back then just got of school. Took the deal. And that was just like a convicted. THANKS EVERYONE FOR THE INFO. SORRY FOR THE TYPO.

August 24, 2012, 06:20 PM	#2
Davey Senior Member Join Date: August 2, 2010 Location: Not far enough from Chicago Posts: 394	You need a lawyer. Period.

August 24, 2012, 07:33 PM	#4
maestro pistolero Senior Member Join Date: August 16, 2007 Posts: 2,153	Do you know that it was a felony?

August 24, 2012, 09:15 PM	#6
a7mmnut Junior member Join Date: February 27, 2009 Location: NC Foothills Posts: 1,150	It depends on the state you're in which you were charged. A friend of mine just got his expungement from Texas--very similar circumstances. North Carolina is advertising the same legal offerings with dates back to 1994. It is a rather exhausting process and involves legal fee costs, but it seems worth it just to rid an infectious concious. Contact a lawyer for details and an expungement details list. Good luck. -7-

August 24, 2012, 09:24 PM	#7
hermannr Senior Member Join Date: March 24, 2011 Posts: 730	A lot of states have methods to remove those kinds of convictions...in some states teh removal of some is automatic after specified time periods. Some states you will need a lawyer, in WA it is set up so you can do the appeal yourself. Check your state law. You will probably have to obtain a certified copy of the conviction to know exactly what needs to be done. Different courses for different convictions. Something like weed is probably very simple. (at least it is here)

August 25, 2012, 10:09 AM	#8
wally626 Senior Member Join Date: July 31, 2009 Posts: 642	If you are banned from owning a handgun you are also, on the federal level, banned from owning a shotgun. Some states have slightly different rules for buying handguns versus long guns as well as for getting carry permits. Hard for Internet advise without knowing your location and specifics of the conviction.

August 26, 2012, 01:14 PM	#11
Jim March Senior Member Join Date: February 14, 1999 Location: Pittsburg, CA, USA Posts: 7,417	Under FEDERAL rules, muzzle-loading guns don't qualify as "firearms" - even modern replicas. You can therefore own the kind of stuff Wild Bill Hickock carried, including front-stuffer double-barrel shotguns and six-shooter percussion revolvers. Now, some states have rules more strict than the feds, some don't. So ownership of this class of old-school stuff is legal for you only in some states. I would seriously consider researching this, and whether or not this matters for street carry or home defense only. If you are in this boat, I would score a replica of an 1858 Remington revolver in .44 caliber cap and ball. It has certain advantages over the equivalent Colt clones - topstrap is solid so the Remmie is tougher, and you can safely lower the hammer between two chambers so you can carry it six-up. Failing that, your best home defense setup is probably a crossbow...repeating crossbows do exist . __________________ Jim March

August 26, 2012, 08:30 PM	#12
TXsnake Junior Member Join Date: October 14, 2005 Posts: 6	In Texas, a convicted felon cannot possess a firearm until 10 years after his case concludes. Then, he may have one in his home. So if you were on probation for 10 years and you did not terminate it early, it would be 20 year until you could possess one in your residence from sentencing. If found to be in possession of a firearm in the interim, you would be looking at another felony charge.

August 27, 2012, 02:45 AM	#14
coathanger Junior Member Join Date: August 24, 2012 Location: N.E.P.A. Posts: 3	Again THANKS EVERYONE FOR THE INFO I forgot to tell ya that i live in a little town in P.A. SORRY.

August 27, 2012, 12:27 PM	#15
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	If you want to try to regain full firearms rights, you need to speak to a lawyer who is fluent in: (1) criminal law; and (2) firearms law. The two phrases that you'll need on hand for such a conversation are: (a) expungement; and (b) restoration of rights. Good luck! __________________ I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.

August 27, 2012, 02:34 PM	#16
hermannr Senior Member Join Date: March 24, 2011 Posts: 730	You might want to read this and be very familure with it: http://reference.pafoa.org/statutes/...-commonwealth/ BTW: This sounds similar to WA law. I which case you can probably do it yourself. In our state it is specifically set up to do it yourself without a lawyer, and the lawyers here will not even talk to you about it (unless it was a major felony (like intent to distribute), not just for possession. Last edited by hermannr; August 27, 2012 at 02:43 PM.

August 28, 2012, 12:48 AM	#18
Jim March Senior Member Join Date: February 14, 1999 Location: Pittsburg, CA, USA Posts: 7,417	The PA definitions of "firearm" and "loaded" don't make any allowance for percussion guns, unfortunately: http://reference.pafoa.org/statutes/...2/definitions/ So the front-stuffer option is out in PA. I know it's still a thing in some states...anybody know which ones? Maybe this dude could move? __________________ Jim March