Can You own a gun with a misdemeanor in pa?

Can You Own a Gun with a Misdemeanor in PA?

As a resident of Pennsylvania, you may be wondering whether you can still own a gun if you have a misdemeanor on your record. The answer is not a simple yes or no, as it depends on the specific circumstances and the type of misdemeanor. In this article, we will explore the laws surrounding gun ownership in Pennsylvania, the effects of a misdemeanor on your ability to own a gun, and the process of applying for a firearms license.

Background Check Requirements

Before diving into the specifics of owning a gun with a misdemeanor in PA, it’s essential to understand the background check requirements. In Pennsylvania, anyone who wants to purchase a firearm must undergo a background check through the Pennsylvania Instant Check System (PICS). This system checks for any disqualifying convictions or court orders that may prevent you from owning a gun.

Misdemeanors and Gun Ownership

So, what is a misdemeanor, and how does it affect your ability to own a gun? A misdemeanor is a less serious crime than a felony, punishable by up to one year in prison and a fine. In Pennsylvania, certain misdemeanors can disqualify you from owning a gun.

Types of Misdemeanors

The following misdemeanors can disqualify you from owning a gun in Pennsylvania:

• Misdemeanor Convictions: Any misdemeanor conviction, including those related to domestic violence, can disqualify you from owning a gun.
• Misdemeanor Domestic Violence Convictions: Specifically, a conviction for simple assault, harassment, or other misdemeanor domestic violence charges can disqualify you from owning a gun.
• Misdemeanor Firearms Convictions: Convictions related to the use, possession, or sale of firearms, including reckless endangerment, terroristic threats, and intimidation, can also disqualify you from owning a gun.

Exceptions to the Rule

While some misdemeanors can disqualify you from owning a gun, there are some exceptions to the rule. If you have been convicted of a misdemeanor, you may still be able to own a gun if:

• More than 15 years have passed since the conviction: In Pennsylvania, a conviction that is more than 15 years old is not a disqualifying factor.
• You have completed a mental health treatment program: If you have been convicted of a misdemeanor related to domestic violence, you may be able to own a gun if you complete a mental health treatment program.
• You have received a pardon or expungement: If your misdemeanor conviction has been pardoned or expunged, you may be eligible to own a gun again.

The Application Process

So, how do you know if you’re eligible to own a gun with a misdemeanor on your record? The application process for a firearms license in Pennsylvania is as follows:

1. Fill out the application: You must fill out the Pennsylvania State Police Application for a License to Carry Firearms (SP4-121).
2. Provide required documents: You must provide proof of identity, residency, and a background check clearance letter.
3. Pay the fee: You must pay a $10 application fee.
4. Submit the application: You must submit the application to your local sheriff’s office.

Waiting Period

Once you’ve submitted your application, you’ll need to wait for the background check to clear. In Pennsylvania, there is a mandatory 14-day waiting period before your license is issued.

Conclusion

In conclusion, owning a gun with a misdemeanor on your record in PA is not a straightforward process. Certain misdemeanors can disqualify you from owning a gun, but there are exceptions to the rule. If you’re unsure about your eligibility, it’s essential to consult with an attorney or the Pennsylvania State Police to determine your eligibility.

Table: Summary of Misdemeanors and Gun Ownership

Additional Resources

For more information on gun ownership and the application process in Pennsylvania, please visit the Pennsylvania State Police website or consult with an attorney. Remember to always follow the laws and regulations surrounding gun ownership in your state.