Answer: Maybe
We are often asked at our law office whether a misdemeanor conviction prohibits the purchase of a firearm in Pennsylvania. There is no easy answer. A felony conviction clearly disallows the purchase or ownership of a firearm but a conviction of a misdemeanor crime may or may not depending on the length of the sentence that could be imposed and whether or not it is a domestic-violence misdemeanor.
The Gun Control Act of 1968, a Federal Law, prohibits anyone who has been convicted of a felony, a misdemeanor punishable by more than two years in prison, or a domestic-violence misdemeanor from purchasing or possessing a firearm. The Act does not include any convictions that have been expunged or for which a pardon has been granted or for which the person has had his civil rights restored. In that context, civil rights means the right to vote, run for office, and serve on a
jury. In addition to the Federal 1968 Act, Pennsylvania State Law, in certain instances, also prohibits anyone who has been convicted of certain crimes from purchasing or possessing a firearm.
In 2016, Pennsylvania passed laws allowing minor convictions of certain misdemeanors to be sealed. A sealed record would only be available to law enforcement it would not be available to employers or to the public.
If you have questions about your civil rights or your right to legally possess or purchase a firearm, do not hesitate to contact our office and schedule a consultation. We will be happy to discuss the particular facts of your case. After all we’ve been doing this since 1976!
