Restoration of right to own firearms

[dtmfm1228]

What is the name of your state?
Pennsylvania

5 years ago, When I was 18, I was charged with theft by unlawful taking.
I am an avid hunter and did not realize that my right to own a firearm was revoked for this crime untill I tried to buy a new rifle last fall. I know it is possible to have my rights restored but I dont know how, and I cant afford to hire A lawyer. If anyone has any help on this subject it would be greatly appreciated.

***Theft by unlawful taking is a first degree misdemeanor, What is the maximum penalty for this and does this fall under the Brady Bill's persons prohibited from possesing firearms rule.

 

[Bravo8]

You must have had two felony convictions for this to restrict your right to own a firearm. Even then, the purchase and owning of a long gun is not subject to this prohibition. "Firearm" has a very specific meaning under PA law, and does not apply to your typical rifle or shotgun.

My advice would be to buy the gun from a different dealer. Preferably one who actually knows the law.

But to answer your question, and to restore your right to own a pistol or other "firearm", you need to petition the Court of Common Pleas (the county court) in the county you live in. The court will grant your request if:

The conviction has been vacated under circumstances where all appeals have been exhausted or the eligibility period for appeal has expired, or

The conviction has been pardoned by the Governor, or

The Feds have removed the restriction imposed under applicable federal law AND the conviction was more than 10 years ago (not including time spent in jail).

 

[itsacatsworld]

By federal law this ctizen has lost all ownership rights and carryinng, only a pardon fully conditional will restore his rights.

 

[airesflora]

Don't listen to these people. Look up expunging records.

You can have your record expunged by filing to have it removed. Not sure about your locale, but our attorney says in California, the cities don't wish to expend the money to fight these cases so they usually go through. Once your record is expunged, all your rights are reinstalled and in place. Also, unless your record is in some other database (which is likely) most people can't trace your arrest record. Beyond that, juvenile records age out eventually anyway.

What is the name of your state?
Pennsylvania

5 years ago, When I was 18, I was charged with theft by unlawful taking.
I am an avid hunter and did not realize that my right to own a firearm was revoked for this crime untill I tried to buy a new rifle last fall. I know it is possible to have my rights restored but I dont know how, and I cant afford to hire A lawyer. If anyone has any help on this subject it would be greatly appreciated.

 

[airesflora]

Please stop giving advice if you don't know...

I know you aren't the brightest lightbulb in the pack, but if you are as clueless as your answers indicate, why not have a little dignity and pride and stop revealing this for the world to see, eh? To make it simple for you, either learn something or keep your advice for your own pitiful life. Because it's useless when it's incorrect.

By federal law this ctizen has lost all ownership rights and carryinng, only a pardon fully conditional will restore his rights.

 

[rmet4nzkx]

You can have your record expunged by filing to have it removed. Not sure about your locale, but our attorney says in California, the cities don't wish to expend the money to fight these cases so they usually go through. Once your record is expunged, all your rights are reinstalled and in place. Also, unless your record is in some other database (which is likely) most people can't trace your arrest record. Beyond that, juvenile records age out eventually anyway.

Please note that OP is in PA NOT CA, CA laws don't apply in PA. Expungement does not automatically restore the right to bear arms. Expungement is very limited in scope. Also note that OP was 18, an adult at the time of the offense, thus any reference to records of minors aging out is of no relevance, essentially everything you have stated here is either false or not relevant and you went out of your way to accuse the other posters of being wrong when it was you that was wrong. Bravo8 is very knowledgable of PA laws related to gun ownership.

 

[dtmfm1228]

You must have had two felony convictions for this to restrict your right to own a firearm. Even then, the purchase and owning of a long gun is not subject to this prohibition. "Firearm" has a very specific meaning under PA law, and does not apply to your typical rifle or shotgun.

My advice would be to buy the gun from a different dealer. Preferably one who actually knows the law.

But to answer your question, and to restore your right to own a pistol or other "firearm", you need to petition the Court of Common Pleas (the county court) in the county you live in. The court will grant your request if:

The conviction has been vacated under circumstances where all appeals have been exhausted or the eligibility period for appeal has expired, or

The conviction has been pardoned by the Governor, or

The Feds have removed the restriction imposed under applicable federal law AND the conviction was more than 10 years ago (not including time spent in jail).

The Dealer was Federally licensed and used the NCIS system. The background check came back as denied. After filling out several forms and waiting a month the state police responded to me stating the theft charge as the reason for denial. Is this their mistake? Could it be I was never officialy relesed from probation even though it was over 3 years ago? And does that type of thing actually happen?

 

[dtmfm1228]

By federal law this ctizen has lost all ownership rights and carryinng, only a pardon fully conditional will restore his rights.

You obviously know nothing of federal firearms laws.

 

[rmet4nzkx]

Go back to your PO and see if all paperwork in complete, sometimes systems take a long time to update. This was not a felony I take it? Update us when you ifnd out if it is a paperwork error.

 

[Bravo8]

Like I said, the only time a theft should prohibit you from possessing a firearm (a firearm is a pistol basically) is when you have TWO FELONY theft convictions. If that is not the case, then yes, there is a mistake.

Second, the system doesn't ask what type of gun you are purchasing. The law only prohibits the possession of a firearm, not a long gun.