Philadelphia, PA asked in Criminal Law for Pennsylvania

Q: If a person has a misdemeanor 2 for indecent assault can they purchase a hand gun?

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2 Lawyer Answers
Ryan L Hyde
Ryan L Hyde
Answered
  • Criminal Law Lawyer
  • Exton , PA
  • Licensed in Pennsylvania

A: According to the federal rules the answer is no. Any conviction with a potential of more than one year of punishment runs afoul of the federal rules. Consult with a local attorney to do a more advanced analysis. The applications requires that you volunteer that information, if you do not you can be subject to very serious penalties in the Commonwealth.

Zak Taylor Goldstein
Zak Taylor Goldstein
Answered
  • Criminal Law Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: No, it is a crime under Pennsylvania and United States law for anyone with a conviction that could be punished by more than a year in jail to possess a firearm. An M2 can be punished by up to two years, so regardless of what sentence you actually got, you are not eligible to possess a firearm.

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