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Getting caught with a gun/lost gun rights but not felon?

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Zigner

Senior Member, Non-Attorney
So I have been trying to find out the answer to this for YEARS and no one, not even a lawyer can tell me for sure as I have gotten a range of answers from "they will give you 5 days to get rid of the weapon and show them proof you sold it" to "you will get 15 years mandatory minimum no matter what". I am not looking for advice or fear mongering, just the truth on what would happen.

So about 9 years ago I got convicted of 3 misdemeanors in Philadelphia that, unknowingly to me, took my gun rights away because the accumulative time that I COULD have done was over 1 year in jail(even though I only got 1 year probation), so I lost my gun rights federally for good even though they were re-instated at the state level in PA.

Fast forward to now, I live on the west coast and want to buy a small caliber rifle from a private party. I KNOW I am unable to own a rifle but lets say I get caught with it, since I am NOT a felon, what would I be charged with federally and since I did not get in trouble before or since my first offense that was 8-9 years ago, how much time would I honestly be looking at? One lawyer told me there is a possibility they would just make me get rid of the weapon or they would confiscate it as long as it was not used in a crime by me but then another lawyer was all doom and gloom and said I would be going to jail for 25 years atleast.

I know its wrong, I don't need a talk on morality which seems to be all I get when I ask this question, I am just curious of the consequences, my initial offense 9 years ago was not domestic violence nor drug/mental health related and I am NOT a felon but I am barred from having a gun due to how much time I could have HYPOTHETICALLY got, not my actual punishment. So if I get caught with the gun in my home and it not being involved in a crime at the time, just purely possessing it, what would realistically happen?

thank you for your help in advance.
You don't do a cost vs. benefit analysis. You cannot legally possess the weapon, so get rid of it. It's not a "moral" matter. It's simply a matter of law.
 

firsttimeevery3

Junior Member
You don't do a cost vs. benefit analysis. You cannot legally possess the weapon, so get rid of it. It's not a "moral" matter. It's simply a matter of law.
I understand, and my question is, if I get caught, what do I get charged with since it would not be felon in possesion?
 

Zigner

Senior Member, Non-Attorney
I understand, and my question is, if I get caught, what do I get charged with since it would not be felon in possesion?
I would suggest you consult with an attorney who deals with firearms matters. You might want to contact the NRA for further guidance.
 

FlyingRon

Senior Member
This isn't the "how do I break the law and get away with it forum." We can not give that kind of advice.

You're deluded and incorrect. First off, it matters not how much the sentences "add up to." For the federal law it matters only that there is a potential penalty of two years on any of them. For Pennsylvania law, the penalty doesn't matter at all, the offenses that bar you from gun ownership are specifically enumerated in the statute.

As far as the federal government is concerned, those first or second degree Pennsylvania misdemeanors are as good as felonies. You will be in violation of 18 USC 922 and it matters not if they were called "felonies" or not. The law lists a dozen disqualifying conditions (not just felons) for possessing firearms and treats them all the same.

As far as Pennsylvania is concerned, they don't even use the term "felony" in describing the people not allowed to have guns. They list a whole long list of violent crimes. If your crime is on that list, possessing a gun is a felony. 18 PaCS 6105.

Pennsylvania gives you 60 days to dispose of those weapons. The feds don't have a grace period.
 
Last edited:

Just Blue

Senior Member
So I have been trying to find out the answer to this for YEARS and no one, not even a lawyer can tell me for sure as I have gotten a range of answers from "they will give you 5 days to get rid of the weapon and show them proof you sold it" to "you will get 15 years mandatory minimum no matter what". I am not looking for advice or fear mongering, just the truth on what would happen.

So about 9 years ago I got convicted of 3 misdemeanors in Philadelphia that, unknowingly to me, took my gun rights away because the accumulative time that I COULD have done was over 1 year in jail(even though I only got 1 year probation), so I lost my gun rights federally for good even though they were re-instated at the state level in PA.

Fast forward to now, I live on the west coast and want to buy a small caliber rifle from a private party. I KNOW I am unable to own a rifle but lets say I get caught with it, since I am NOT a felon, what would I be charged with federally and since I did not get in trouble before or since my first offense that was 8-9 years ago, how much time would I honestly be looking at? One lawyer told me there is a possibility they would just make me get rid of the weapon or they would confiscate it as long as it was not used in a crime by me but then another lawyer was all doom and gloom and said I would be going to jail for 25 years atleast.

I know its wrong, I don't need a talk on morality which seems to be all I get when I ask this question, I am just curious of the consequences, my initial offense 9 years ago was not domestic violence nor drug/mental health related and I am NOT a felon but I am barred from having a gun due to how much time I could have HYPOTHETICALLY got, not my actual punishment. So if I get caught with the gun in my home and it not being involved in a crime at the time, just purely possessing it, what would realistically happen?

thank you for your help in advance.
What are the three crimes you were convicted of?
 

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