This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Second Amendment Rights For Felons In Philadelphia
Category:
State:
Multi-State
County:
Philadelphia
Control #:
US-000298
Format:
Word;
Rich Text
Instant download
This website is not affiliated with any governmental entity
Public form
Description
Form popularity
FAQ
The Second Amendment Permits The Disarming of “Dangerous” Felons. Each year, more than 8,000 people are convicted for unlawful possession of a firearm under 18 U.S.C. § 922(g). About 90% of those cases arose from gun possession by a felon.
The 1968 Gun Control Act and subsequent amendments codified at 18 U.S.C. § 921 et seq. prohibit anyone convicted of a felony and anyone subject to a domestic violence protective order from possessing a firearm.
For those with more than one conviction, the court may restore firearms rights two years after completion of sentence for most felonies, or after 10 years for a serious felony (such as murder or sexual assault). For a person convicted of a “dangerous felony” firearms rights may only be restored by pardon.
The Second Amendment does not protect any right, it prohibits government from infringing on a right. The idea is that a felon has lost his rights, thus government is not infringing on any right by denying felons lawful ownership of guns.
A Certificate of Relief from Civil Disabilities is a Certificate issued by a Court or the New York State Department of Corrections and Community Supervision which restores a person's civil right following a conviction. It can also be used to restore a person's firearms rights.
Under Pennsylvania law, an individual convicted of a disqualifying offense “may make application to the court of common pleas of the county where the principal residence of the applicant is situated for relief from the disability.” But the court is only empowered to restore gun rights when (1) the conviction has been ...
Felony Convictions: In Pennsylvania, any conviction for a felony, whether violent or non-violent, generally results in a lifetime ban on possessing firearms. This includes both state and federal felonies. Violent felonies such as murder, rape, robbery, and aggravated assault are particularly scrutinized.
In Pennsylvania, inclusive of Bucks County and all counties, a convicted felon cannot own, be in the same place with, or use a firearm, even if the firearm is legal or legally owned by another individual in the household. There is no exception to the rule.
Under Pennsylvania law, the only way to regain your gun rights following a felony conviction is to receive a pardon for your conviction from the Governor. As you can imagine, this isn't common. Most convicted felons do not regain their right to own, possess, or control a firearm.
More info
Curious about how to restore gun rights in Pennsylvania? Learn the process of restoring firearm rights, from eligibility to legal steps.If you lost your gun rights after a criminal conviction in Pennsylvania, you could have them restored through a pardon or expungement. Under most circumstances, a convicted felon cannot legally buy or own a gun in Pennsylvania. Convicted felons face an enhancement to a first-degree felony. Under Pennsylvania law, convicted felons are prohibited from possessing a firearm. All convictions for a misdemeanor of the first degree (M1) will strip your firearms rights under federal law, because an M1 can get you up to 5 years in jail. The right to bear arms is granted to every person in the United States of America. If you're in the market for a great attorney who specializes in firearms law and carry permits, call the Law Office of Steven F O'Meara today at . Getting Your 2nd Amendment Rights Back.