Can a non-violent felon own a gun in Pennsylvania?
In the United States, the right to bear arms is protected by the Second Amendment to the Constitution. However, this right is not absolute, and certain individuals, including felons, are prohibited from possessing firearms. But what if a person has been convicted of a non-violent felony? Can they own a gun in Pennsylvania? In this article, we will explore the answer to this question and provide guidance on the legal framework surrounding firearms ownership in the Keystone State.
Federal Law:
Before diving into Pennsylvania state law, it is essential to understand the federal framework. The National Firearms Act (NFA) and the Gun Control Act (GCA) impose restrictions on the possession, transfer, and ownership of firearms. Under 18 U.S.C. § 922(g), anyone who has been convicted of a felony, including non-violent felonies, is prohibited from possessing or receiving a firearm.
Pennsylvania State Law:
Pennsylvania has its own set of laws regarding firearms ownership. The Pennsylvania Uniform Firearms Act (PAUFA) outlines the requirements and restrictions for the ownership, possession, and transportation of firearms. Important: While Pennsylvania state law does not specifically prohibit non-violent felons from owning firearms, federal law supersedes state law, and a non-violent felon is still prohibited from possessing a firearm.
Restoration of Gun Rights:
In Pennsylvania, a non-violent felon may be eligible to have their gun rights restored through a process called relief from disabilities. This process involves petitioning the Pennsylvania Superior Court to have the felony conviction expunged or pardoned. If successful, the individual’s gun rights are restored. However, this process is complex and requires legal assistance.
Types of Non-Violent Felonies:
Not all non-violent felonies are created equal. Pennsylvania law distinguishes between felonies and misdemeanors based on the severity of the offense. Misdemeanor offenses, such as disorderly conduct, are typically punishable by less than one year in prison. Felonies, on the other hand, are punishable by more than one year in prison. Felonies of the second degree, which include certain drug offenses and theft crimes, are punishable by at least two years in prison.
Examples of Non-Violent Felonies:
Here are some examples of non-violent felonies that may not necessarily prohibit an individual from owning a gun in Pennsylvania:
• Theft by deception (18 Pa.C.S. § 3921)
• Possession of a controlled substance (35 Pa.C.S. § 780-113(a)(30))
• Forgery (18 Pa.C.S. § 4101)
• Falsifying business records (18 Pa.C.S. § 4120)
Examples of Violent Felonies:
On the other hand, the following examples of felony convictions would likely prohibit an individual from owning a gun in Pennsylvania:
• Murder (18 Pa.C.S. § 2501)
• Manslaughter (18 Pa.C.S. § 2502)
• Aggravated assault (18 Pa.C.S. § 2702)
• Robbery (18 Pa.C.S. § 3701)
Table: Pennsylvania Felony Offenses
| Felony Offense | Punishment |
|---|---|
| Second-degree felony | At least 2 years in prison |
| First-degree felony | At least 5 years in prison |
| Felony of the third degree | Up to 7 years in prison |
| Misdemeanor | Less than 1 year in prison |
Conclusion:
In summary, a non-violent felon in Pennsylvania may be eligible to have their gun rights restored through the relief from disabilities process. However, federal law supersedes state law, and a non-violent felon is still prohibited from possessing a firearm. It is essential to understand the differences between felony and misdemeanor offenses, as well as the specific laws and regulations regarding firearms ownership in Pennsylvania. If you have any questions or concerns about your rights as a non-violent felon, it is recommended that you consult with a legal professional.
Takeaways:
• Non-violent felons in Pennsylvania are prohibited from owning firearms under federal law.
• Pennsylvania state law does not specifically prohibit non-violent felons from owning firearms, but federal law supersedes state law.
• Relief from disabilities is a process that may allow a non-violent felon to have their gun rights restored.
• Felony offenses are classified based on severity, with non-violent felonies punishable by less than 5 years in prison.
• Misdemeanor offenses are punishable by less than 1 year in prison.
By understanding the laws and regulations surrounding firearms ownership in Pennsylvania, individuals can make informed decisions about their rights and responsibilities. If you have any further questions or concerns, please feel free to ask.
