Proposed Pennsylvania Bill Creates Means For Relief For Prohibited Persons

[dc dalton]

Proposed Pennsylvania Bill Changes Means For Relief For Prohibited Persons

PA bill SB102, with 12 sponsors at this time lays out a method for 'Any person subject to the prohibitions under subsection ©(4), or who is prohibited from possessing firearms under 18 U.S.C. § 922(d)(4) or (g)(4) (relating to unlawful acts) as a result of actions taken under the laws of this Commonwealth.' to petition the court to have their status changed.

http://www.amgoa.org/Proposed-Pennsylvania-Gun-Law-SB1052/State-Law/9743

ETA: After looking at this bill closely we have found on the surface it appears to clarify the procedure BUT what it really does is make the process more difficult.

 

[lateapex31]

Intersting, I'd be curious to see the outcome. Here in MA they will offer relief but the BATFE does not recognize that relief (can get a MA LTC but still a federally prohibited person).

 

[brickeyee]

State courts cannot order federal entities to do all that much.

 

[DMF]

http://www.atf.gov/files/forms/download/atf-f-3210-12.pdf

 

[Frank Ettin]

State courts cannot order federal entities to do all that much.

It's not a matter of a State court ordering a federal entity. It's a matter of a State properly and appropriately defining with respect to a state crime the applicable conditions for one class of federal prohibition of possession of a firearm. That is, under federal law, within the province of a State.

Under 18 USC 922(g)(1), a person is prohibited from possessing a gun if he:

...has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; ...

And applicable federal regulations define such conviction as follows (27 CFR 478.11, emphasis added):

Crime punishable by imprisonment for a term exceeding 1 year. Any Federal, State or foreign offense for which the maximum penalty, whether or not imposed, is capital punishment or imprisonment in excess of 1 year. The term shall not include (a) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices or (b) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of 2 years or less. What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for the purposes of the Act or this part, unless such pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, or unless the person is prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing any firearms.

The real question is whether the order described in this proposed Pennsylvania legislation will be considered a restoration of civil rights with respect to the original Pennsylvania conviction.

 

[brickeyee]

Except Congress zeroes out the federal money to restore rights at the federal level (and you need that to pass NICS) every year.

 

[Frank Ettin]

Except Congress zeroes out the federal money to restore rights at the federal level (and you need that to pass NICS) every year.

That would have no effect on this. That only affects the federal program for removing a firearms disability arising from a violation of federal law.

Removal of state law disabilities by States will be reported to NICS by the States.

 

[General Geoff]

It should also be pointed out that in Pennsylvania, you do not have to pass a NICS check at an FFL to purchase a gun, you have to pass a PICS check (Pennsylvania's own version of NICS). So ostensibly, PICS would have record of any sort of state expungement that this bill would provide.

 

[Frank Ettin]

It should also be pointed out that in Pennsylvania, you do not have to pass a NICS check at an FFL to purchase a gun, you have to pass a PICS check (Pennsylvania's own version of NICS). So ostensibly, PICS would have record of any sort of state expungement that this bill would provide.

That's fine if the guy is still a Pennsylvania resident. But people move.