Pennsylvania Gun And Firearm Rights Restoration FAQFrequently Asked Questions

The attorneys at RecordGone.com have answered all of the most commonly asked Pennsylvania firearm rights restoration questions. We can help you to get your firearm rights back. We offer a firearm rights restoration service as well as a free online eligibility test to check if you are eligible to regain your firearm rights.

Simply click on a question to view its answer:

• Firearm Rights Restoration Eligibility

  • Does my disposition of guilty or no contest matter?
    

    No, the process of petitioning the court to restore your gun rights is the same whether you pled guilty or pled no contest to the crime that resulted in your gun rights being taken away. You just need to satisfy the other requirements for restoring your gun rights.

  • Can I restore my gun rights and expunge the conviction at the same time?

    Yes, you may file for them at the same time, but if an offense has resulted in a loss of firearm rights, it is most likely not eligible to be expunged in Pennsylvania. Your other option would be a pardon, which, if granted, restores your firearm rights and makes you eligible for an expungement through the court.

  • What is the main reason that a case to restore firearm rights is denied?

    PA restorations can be denied for various reasons, which can depend on the reason you need the restoration/what is on your record. Some of the reasons include: (1) the court feels you would be a danger to society if your gun rights are restored, (2) the serious or dangerous nature of the offense, or (3) it may be discovered that you are otherwise not eligible to restore your gun rights.

  • Can I restore my firearm rights if I was convicted of a federal crime?

    This process will not fully restore your firearm rights if you were convicted in a federal court. If you have a federal conviction that prevents you from possessing/purchasing a firearm, you must restore you gun rights through some other avenue, such as getting a pardon from the President, a service we do not provide at this time.

  • Does it matter if my conviction was for domestic violence?

    There is a federal ban (Lautenberg Amendment) on firearm ownership that applies to those convicted of misdemeanor crimes of domestic violence. The federal definition may be different from Pennsylvania’s definition. Furthermore, you may be exempt if you satisfy certain requirements. If you would like us to evaluate your case and determine if the federal ban will apply against you, we would be happy to do so for a small researching fee, which will be applied to the cost of the restoration service if you decide to move forward with that following the evaluation.

  • What if I have multiple felony convictions?

    If you have a felony conviction, then the federal firearm ban applies to you; and unfortunately, the PA restoration does not lift the federal ban. This means that while you may be eligible to have Pennsylvania restore your firearm rights that are lost under State law, the federal ban would still apply to you. The only way currently to lift the federal ban for a

  • What if I have multiple felony convictions in multiple states?

    Pennsylvania state law does not care where you received the conviction. The state law only cares whether you satisfy the other requirements for restoring your gun rights. However, the PA restoration does not relieve the federal ban, which applies to those convicted of a felony. In order for the restoration

  • What if I now live in a state other than Pennsylvania, but I was convicted of a felony offense in Pennsylvania?

    In order to determine whether the Pennsylvania conviction prohibits firearm purchases or possession in your current state and whether a PA restoration would be honored by that state, we must evaluate the laws of both states. The Pennsylvania state restoration does not lift the ban that applies under federal law to those with a felony conviction.

  • What if my civil rights are not restored?

    In Pennsylvania you must have your civil rights in order to have the federal law lifted that prohibits felons from possessing a firearm. Your voting rights are restored immediately upon release from incarceration so you do not have to restore your right to vote. The right to serve on a jury is taken away if you have ever been convicted of a crime punishable by more than one year in prison. This right is only restored with a pardon. Additionally, you lose the right to hold public office if you have been convicted of embezzlement of public money, bribery, perjury, other infamous crimes (any felony basically). That right also can only be restored through a governor's pardon. Therefore, if you lost the right to serve on a jury or hold public office and you have not received a pardon, then the federal law will prohibit you from owning or possessing a firearm even if the court granted the state restoration.

• Working with RecordGone.com

  • Do you have a money-back guarantee on Pennsylvania gun rights restorations?

    No, we do not offer a guarantee on the PA firearm rights restoration service, because of the amount of work it involves. We are unable to offer such a low flat fee and a money-back guarantee on this service.

• The Restoration Process

  • How long does the process take?

    Typically, the PA firearm rights restoration process takes eight to nine months, depending on your particular circumstances, the court’s workload at the time of your petition, and whether there are any objections from the District Attorney's Office or other interested parties. Pennsylvania law requires that the court hold a hearing on your application before it can restore your gun rights.

  • Can the process be done faster?

    Unfortunately there is not a way to expedite the process through the courts. They decide on these applications in the order in which they are received. The sooner you get the process started, the sooner we can file the petition and have a judge rule on the matter.

  • What are my chances of success?

    It is nearly impossible to say what your chances of success are without knowing more about your case. Whether or not you are eligible can depends on your individual circumstances. To evaluate your case and determine what we believe the chances of success are, we charge a researching fee that we apply to the cost of any service that you hire us to perform.

  • Do I have to go to court?

    No. We are licensed attorneys, and we go to court for you.

  • What happens after my gun rights are restored?

    After the judge signs the restoration order, the court will update its records and send a copy of the order to the Pennsylvania State Police, Firearms Division, so that you will not be denied when you go to purchase a firearm and have the PICS background check run on you.

  • How long do records take to be updated?

    The court is the first to update its records. The Pennsylvania State Police updates its records once receiving a copy of the court order (which is usually within ten days after the order is entered). Keeping a copy of the order for your own records in case you need to provide the order in the future when you apply for a gun permit is advisable.

  • What if my case is denied?

    If your PA firearm rights restoration petition is denied, we will determine the reason for the denial and then evaluate the best way to proceed. We may recommend refiling with additional supporting information or we may recommend that you wait longer before you refile.

Didn't find the answer you were looking for? Ask your question in the comments below so we can answer it for you!

Comments (54)

Topic: Pennsylvania Gun and Firearm Rights Restoration FAQ

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Dan Markland

6th September 2017 1:52pm

I've gotten two DUI's, one in 2009 and the second in 2010.  My first one my bac was 0.16 and the second one my bac was 0.27 not sure if that matters or not but I know there both in a higher tier.  I was just wondering if I was able to buy a firearm or not. I had ARD with the first one.

Admin:

In Pennsylvania, there is only a firearm ban for 3 DUI convictions within a 5-year period.  Even ignoring the possible effect of an ARD, because you only have 2 DUIs within a five year period, this ban would not apply to you.  Of course, there is a ban for any Misdemeanor 1 or Felony level conviction.  Sometimes DUIs that are higher tier can be Felony or Misdemeanor 1 level.  Luckily, even if your offenses are problematic, there are processes that can be completed in Pennsylvania to restore your gun rights.  Please contact us and we can provide you some personalized guidance and reccomendations.

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john

22nd May 2017 7:53am

I have a felony 2 criminal tresspass and misdemeanor M1 prohibited offensive weapon 1983. Was there a law change in November of 2014 that gives me the right to obtain a carry permit?

Admin:

No.  Because you have a felony on your record, you should not be allowed to obtain a carry permit or purchase, own, or possess a firearm. When someone has a felony conviction in Pennsylvania, we generally reccomend a pardon as the best option to restore your gun rights. Once you have restored your underlying firearm rights, then you can consider the ability to obtain a concealed carry permit.

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William

16th January 2016 5:23pm

I applied for a LTCF and was denied for "undisclosed reasons" by P.I.C.S. I have a DUI 5 yrs ago, and a possession of paraphernalia. The paraphernalia charge, I was arrested in 2005, and because I could not afford to pay the fines, I had to stay on probation until 2008. It says on the application that this charge, with a max sentence of MORE than two years is prohibitive. I have read on your forum that this charge is completely prohibitive. Why would the form stipulate a conviction of more than two years if it was prohibiting no matter what? Is it because I was on probation longer than two years? Will I win a PICS challenge?

Admin:

The application for and issuance of a LTCF is distinct from whether or not you are legally able to possess or purchase a firearm.  We are generally discussing the possession or purchase and not the license to carry a concealed weapon. For a concealed carry permit, the application will be denied on the basis of a conviction under the Controlled Substances Act.  The same is not the case for the purchase of a gun.  However, a felony conviction under the Controlled Substances Act is prohibitive, as is any felony under Federal law.  Under Federal law a misdemeanor punishable by more than 2 years imprisonment (a Misdemeanor 1) prohibits you from purchasing or possessing a gun. Therefore it is possible that your possession charge may not prohibit you from possessing a firearm but does preclude you from having a license to carry a concealed weapon.  If you would like us to review your record and determine your current status, please contact our office.

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Jim M.

15th January 2016 12:46pm

I live in PA and I had 3 dui's between the years of 1992-96. All are m2's and the first one I completed the ARD program. Is there anything I can do so I can purchase a handgun for personal protection? It's been 20 years since I've done anything wrong and I don't feel I should still be punished for being a stupid kid. Wishful thinking! Thank you!

Admin:

If you would like for us to review your record and determine you current status regarding your firearm rights and what can be done to restore them, if necessary, please contact our office. Your ARD case would be eligible to be expunged. It is possible you currently have your firearm rights, if you only have 2 DUI convictions and neither of them are M1s. Again, we would need to review your court documents to determine your eligibility for our services or your eligibility to purchase a firearm.

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Todd

13th January 2016 1:54am

I was arrested for domestic Violence but was not convicted. Charges was dropped and case dismissed. Can I still obtain my gun license?

Admin:

If charges were dropped, then the criminal aspect of that case would not affect your ability to get your gun license.  However, if you are subject to a restraining order, that could also affect your ability to obtain a gun license.

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Rich D

10th January 2016 8:44am

I was convicted of a 2nd DUI in 2005 in PA. It is listed as a M1. The docket says the MAX was 23 months. Am I eligible to have firearms rights restored without a pardon?

Admin:

What affects your firearm rights is the level of the offense and the statutory maximum that is allowable under law for that level of offense.  While the judge may have sentenced you to a maximum of 23 months, the statutory maximum for M1 convictions in PA is 5 year and therefore M1 convictions trigger the federal ban on firearm possession.  Your only option for an M1 conviction is a pardon in Pennsylvania at this time.

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Bill

5th January 2016 11:34pm

In 1988 I was convicted of felony armed robbery 18 years old. I never did any jail time, I pleaded guilty for 5 year probation. In 2007, I got into a fight and got a misdemeanor. Do I still need that pardon?

Admin:

Yes, because you have a felony conviction on your record, to fully restore your firearm rights in PA you will need to apply for a pardon.  A pardon is currently the only way to fully restore (under Federal and PA laws) firearm rights that were lost due a felony or PA M1 conviction.

Reply

Alan C.

22nd December 2015 1:06pm

I was brought in to York Hospital by the PSP on a 302. It was unjust and proper procedures were not followed (proof backed by hospital and police records). I was kept for less than 72 hours but now shows a 302 commitment. How can I get this in court to get my RIGHTS restored? If need be I am willing to file a major law suite with the proceeds going to whoever gets this straight.

Admin:

There are procedures under PA law to allow you to expunge the 302 that is on your record currently. Alternatively, there is an option under PA firearm law to restore your firearm rights if you can show that you are not currently a threat to yourself or anyone else. We do not currently handle mental health expungements or firearm restorations relating to an involuntary commitment. I would suggest contacting a licensed attorney in Pennsylvania who specializes in these types of cases to ensure the best chance of relief.

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Michael H.

21st December 2015 7:28am

I have more than one felony but none are violent crimes how can I get my weapons to carry permit in Philadelphia.

Admin:

Felony convictions prohibit you from possessing or purchasing a firearm under Federal law.  The only way to restore your firearm rights fully in PA with a felony conviction is to receive a pardon for those convictions.

Reply

Robert

15th December 2015 8:31am

I was convicted of felony forgery in PA but moved to Alaska. What can I do to get my firearms rights back?

Admin:

We are not licensed in Alaska and therefore cannot speak to if there is anything under Alaska law. However, you can apply for a pardon in Pennsylvania even though you reside in Alaska.  A PA Pardon will restore your firearm rights that were lost due to your felony conviction under both Federal and PA law.  If you are interested in getting started, you can sign up online at the end of the eligibility test or call our office to get started.

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Stephen P.

13th December 2015 3:40pm

I am currently in the process of having my firearms rights restored in the state of Va. I was connected of a non violent felony in 1992, if my rights are restored will this restoration carry over to Pa as well or do I have to go through the same process here.

Admin:

Pennsylvania will most likely honor the restoration if granted by VA. If you are denied in Pennsylvania after the restoration has been granted, you can appeal the decision and provide documentation of the restoration granted by the Virginia court. Often this will resolve the matter. If you do run into issues in PA, please contact our office once your restoration has been resolved and we can look into your options at that time.

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Shane

3rd December 2015 6:41pm

When I was 19 or 20, I got theft by deception because my ex best friend didn't tell his dad that I was using a gas card. Then I was in a mental health facility when my parents died I was 15.
I am 42, never been in trouble since and I was denied a carrying permit. How can I resolve this matter quick?

Admin:

These are two separate issues that will need to be addressed separately. For the Theft by Deception, if this was a felony conviction, you will need to apply for a pardon from the governor of PA. Please review our page on PA Pardons for more information.  

If a mental health commitment is also appearing and preventing you from posssessing a firearm, you can apply to the court to expunge the commitment or apply for a restoration of your rights lost due to that. At this time, we do not offer firearm restorations relating to mental health issues.

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Steve

2nd December 2015 9:54pm

I had a felony 3 conviction for unlawful use of a vehicle about 15 years ago, would I be able to obtain LTCF in PA?

Admin:

If you have a felony conviction you are prohibited from possessing or purchasing a firearm in PA under PA and Federal law.  Currently the only way to restore your rights lost under Federal law due to a PA felony is to apply for a Pardon.

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Dave

24th November 2015 2:51pm

I have a very unique situation in which I was never convicted of anything, but had to agree to a FRO in the state of NJ for text messages. That's what the state of NJ does to you. My question is, does this affect my ability to purchase firearms in the state of PA (where I live)? In NJ there is no limit on time for FRO's. Again, no convictions of any kind.

Admin:

If you are currently subject to a restraining order, you are most likely prohibited under Federal law.  Please view this document for some additional information on when that prohibition applies: https://www.atf.gov/file/58781/download  Contact our office if you have additional questions.

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Marc

23rd November 2015 3:31am

Plead guilty to felony possession with intent to deliver marj. Can I ever own a shotgun?

Admin:

If you have a felony conviction on your record, to fully restore your rights in PA you will need to apply for a pardon.  Please take our eligibility test or contact our office if you would like to sign up for a PA pardon.

Reply

Robert P.

22nd November 2015 2:10am

I was convicted of a felony in pa in 1997. I was released to Delaware. After 10 years of probation/parole, my voting rights were restored in delaware automatically. I have no criminal history in Delaware. I obtained a certified delaware criminal history background from DE state police and it stated that no expungement was warranted at this time. How do I proceed from this point?

Admin:

Because your conviction occurred in Pennsylvania, it makes sense that your DE State Police report would come back clear and indicating that no expungement was warranted.  However, a PA felony conviction should still trigger the Federal firearm prohibition. Your best option would be to apply for a PA Pardon of the felony conviction, because Pennsylvania does not currently allow felony convictions to be expunged.

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Steve

18th November 2015 11:57pm

I was convicted of possessing an air power BB gun. In NJ it Constitutes as a firearm possession charge with 1 year mandatory minimum. I fought it in court for 1 year and then finally at the "Suppresion Motion Hearing" I was offered a plea to downgrade to a lesser charge and sentence . Right there in Court they crossed out the "Firearm" wording so it read "Posession(Scratched out words) To wit a Black Sir Power BB Gun without permit" I'd have to pull the file from my records but believe that is verbatim.  I would like to legally purchase and own a personal firearm for my protection. What are my options?

Admin:

We would need more information in order to determine your options at this time, such as confirming you currently live in PA.  Additionally, depending on when your conviction occurred, you may be eligible to expunge your NJ conviction and that would restore your firearm rights.  Please contact our office by phone to discuss your case and your options for firearm restoration in more detail.  Thank you.

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Jason

18th November 2015 7:05am

I received an M2 conviction for DUI back in 2003. From everything that I have read it was punishable up to 2 yrs in prison. Does that fall under the "does not include state misdemeanors punishable up to 2 yrs" on the ATF form 4473? If so, then I would answer no to question 11c? I am looking to purchase a firearm but I know there are severe penalties if try to obtain one and are denied.

Admin:

If you are unsure how to answer a question on the application, I would advise you to contact an attorney to review your records to ensure everything is accurately answered. An M2 in PA is typically not prohibitive under the Federal felony firearm prohibition as you are correct in that M2s are not punishable by more than 2 years so fall under that exception stated.  However, without reviewing the records of your case, we cannot give a definitive answer or advise you on how to fill out that application.

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Tyler

24th October 2015 3:45pm

I was charged with a misdemeanor 3 which the term is up to one year imprisonment. I just paid court cost and fines. I tried to purchase a handgun and was denied. I read that you cannot buy a handgun if your sentence exceeds one year. So can you purchase a handgun if your maximum sentence is up to one year or does that fall into exceeds one year?

Admin:

A fact you have a misdemeanor 3 conviction alone does not trigger any prohibitions. However, the actual offense you were convicted of may be prohibiting. In PA, felonies and Misdemeanor 1 convictions trigger the federal felony ban (M1 convictions are included because they have a maximum penalty of greater tha 2 years imprisonment).  If you were denied, the denial documents should state the reason why you were denied.  If you would like for us to review your case and denial, please call our office.

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Tom U.

23rd October 2015 7:37pm

I am told that you can petition the court to be allowed to possess a firearm while on probation in the state of PA if you can show the need to possess for protection. Is this true and what statute or rule allow this petition to be filed?

Admin:

PA Section 9771 is the section of the Pennsylvania statute that allows the court to terminate probation.  That same section also allows the court to modify (lessen) the conditions/terms of probation.  It is something you could probably first ask your probation officer about, as they may be able to assist you easily get that accomplished. However, if the Probation Office has not been helpful you can petition the court for that relief, though the support of your PO in the matter would be extremely helpful.

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Kate

14th October 2015 2:53am

If I was denied a concealed carry permit can I reapply? If so, how long do I have to wait?

Admin:

You can reapply for a concealed carry license; however, you should review why the application was denied in the first place and ensure that it is no longer an issue.  If nothing has changed since the original denial, the application will most likely be denied a second time.  You can review information on conceal carry licenses in PA by clicking here.

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Brett

18th September 2015 1:04pm

I was convicted of a M1 retail theft 10 years ago and now cannot get a concealed carry license. What would be the best way to get my gun rights restored?

Admin:

For an M1 conviction in Pennsylvania, you will need to receive a pardon to restore your firearm rights. Currently the pardon is the only option that will fully restore your rights (for both PA and federally). For more information, please review our PA Pardon page or to have us look at your case information and do a thorough evaluation of your situation and your options, please contact us and we can get started on that analysis for you.

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Mark

27th August 2015 6:00pm

I was convicted 25 years ago under 18 Pa.C.S.6105, an M1 at the time. I understand the Federal prohibition against ownership of firearms, but I wondered if Pennsylvania law prohibited me from owning a firearm.

Admin:

Without knowing a little more, I cannot say whether PA currently prohibits you from owning a firearm.  It would be helpful to know what circumstances led to a conviction of the firearm prohibition under section 6105 - that is, why you were prohibited in the first place and whether that has been lifted. If you are interested in having us do a thorough firearm rights analysis for you to determine if both the federal and state prohibitions apply and what options you have to lift either or both of them, please contact our office.

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Jason R.

26th August 2015 2:21pm

I was arrested back in 2008 for my third DUI. It was my third DUI within ten years. I went through an intensive DUI program. I was told by my probation officer that I could never own, carry or possess a firearm again. I would like to try to get them back if possible. I have some guns that were given to me by my grandfathers that came from WW2. I would like to own them some day and pass down to my kids. I have a friend that is a state trooper and he ran a background check on me and it showed up with only one DUI on it. But he said that knowing I have three could get me in trouble down the road so I'm trying to take the right steps so I don't get in trouble again. Thanks.

Admin:

The fact that there are three DUIs within 10 years is only a problem under the PA firearm law and you would be able to seek restoration after meeting a waiting period.  The bigger issue is that most likely that 3rd DUI was graded as a Misdemeanor 1 (M1).  And under the Federal law, because an M1 is punishable by up to 5 years in prison, an M1 conviction is treated the same as a felony and the federal firearm prohibition would apply.  Based on what your probation officer stated to you, that sounds like it may be the situation you are in. If you are banned federally, then a PA restoration would not lift that and your only option would be to seek a pardon of at least the M1 conviction (but all your convictions can be included on the application to be pardoned).  If you would like us to review your case documents to see exactly what is on your record and determine what steps are necessary to restore your rights, please contact us.  We charge a small fee, for which we will do a thorough firearm rights evaluation. That fee will then be applied to a restoration or pardon if you choose to move forward with either of those services.

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Justin P.

14th August 2015 10:30pm

I was arrested 6 years ago and charged with possession of marijuana, disorderly conduct, speeding and for not having a registered vehicle. I was working for a company and it was their vehicle. All of the charges where dropped, except for the disorderly conduct, after completing 30 hours of community service and getting a drug evaluation. I am hoping to be able to get my concealed weapons permit, and if not to at least be able to purchase a firearm. Any help would be greatly appreciated. Thank you in advance.

Admin:

Have you attempted either to obtain a concealed carry license or legally purchase a firearm?  Based on what you described, it is very likely that your firearm rights were not affected by that arrest. Lower level, nonviolent  misdemeanors alone do not generally prohibit gun ownership. If you would like for us to complete a thorough firearm rights analysis and review your actual case documents, please contact our office.  Thank you.

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Dustin

14th August 2015 7:35pm

I live in Pennsylvania. I have a valid concealed carry permit and was wondering if being institutionalized for behavior as a minor would prevent me from purchasing a handgun?

Admin:

Being committed involuntarily to a mental institution can affect your firearm rights and prevent you from being able to purchase a handgun.  However, you state that you have a valid concealed carry license.  It is possible you were institutionalized and it was voluntary which does not affect your firearm rights.  If you passed the check for the concealed carry permit, that indicates you should also be able to purchase a gun.  But as always, just read the application carefully to ensure you do not knowingly provide false information.

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Eric

29th July 2015 9:31pm

Hello, I was recently stopped and am having Court in a few months for a DUI. I have a clean record prior to this, so hired a lawyer.  Since they are trying to blame me for 2 minor accidents that I supposedly created and left from earlier that very same day.  Later in the day when we got pulled over I was a Passenger, and had refused the Chemical Test in Lower Moreland, so possibly am facing my first DUI. I reside in Philadelpha, PA, and for now still have my driver's license and have not been sentenced yet, no tickets, no fines. Can I go and apply for a License to Carry Firearms tomorrow, as my original LTCF had expired a year or so ago. My question is can I go and apply for a New LTCF in Philadelphia PA before Court? If I legally can apply, should I or should I not mention anything about the possible upcoming DUI case?  Thank you for your help.

Admin:

You can apply, you must read the application very carefully and ensure you answer everything honestly and accurately.  There is a question on the application regarding current/pending charges.  It may not require you to answer yes, depending on the exact charges in your upcoming case (whether any of the charges are punishable by over a year). Providing false or inaccurate information on the application can result in criminal charges. So you should review your DUI case documents to ensure you answer the application properly.  You could consult your DUI attorney to get information on the current pending charges and advise regarding how to answer the LTCF application questions. Thank you.

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Joe

23rd July 2015 7:49pm

Here's my story. I was convicted of possession of a firearm when I was 17 which is an M1 and a disabling offense. However, from what I've read the prohibition is relieved once I reach the age of 30 which is next year. I also have three ungraded misdemeanors on my adult record. One for possession of marijuana and two for possession of drug paraphernalia. However, since the maximum sentence for those charge does not exceed one year they should not be disabling offenses. Will I be able to own guns once I reach the age of 30? Is there something I need to do to get the prohibition relieved once I turn 30?

Admin:

Based on what you have provided, I am assuming you were adjudicated delinquent of the M1 and not convicted as an adult even though you were 17. If you were adjudicated delinquent, then you are correct that the prohibition should terminate when you turn 30. It should occur automatically, but it is possible you will run into issues. Just ensure you answer everything on the application honestly; the PSP will conduct the background check and determine your eligibility . If you were convicted as an adult, unfortunately an M1 triggers the federal ban and you would need a pardon to get your rights restored.  If you have any other questions or are interested in having us do a thorough firearm rights analysis and research into your cases, please contact our offices.

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omar brooks

24th May 2015 2:30pm

I've been convicted of a Felony 2 and Felony 3 about 6 years ago I was wondering is there any possible way for me to get my license restored? I would like to obtain a job but most require a gun license and I was told with a felony I can't get it.

Admin:

With any felony conviction on your record, the only way to restore your firearm rights in PA is to apply for a pardon.  The restoration process does not lift the federal prohibition that applies to felonies.  Please see our Pardon service page for more information on that process.

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John

20th May 2015 9:07am

I have a class E felony and it was in Pennsylvania. How can i go about getting my civil rights restored. I'm trying to get my security license and this is what i was told i needed to do.

Admin:

The only way currently to get your civil rights restored in Pennsylvania from a felony conviction is to apply for a pardon through the governor.  Felony convictions are not eligible for expungement, but you can apply for a pardon which if granted restores your rights and also makes you eligible for an expungement.  Please visit our PA Pardon page for more information.

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Bereithany J.

18th May 2015 11:18am

I wanted to know how to restore my license to carry in Philadelphia. Years ago my firearm went missing out my basement without my knowledge, and I was told that my firearm came up in an incident. At that time I didn't even know that it was gone until i got a phone call from a detective. I never heard anything else about it, but was told that I was going loss my license. I want to restore it for employment purposes. Can you help?

Admin:

Under Section 6109 of the Pennsylvania Statutes, you should have been formally notified if your license to carry  was revoked.  You said they told you it would be taken but never heard anything else, so it is possible it was not revoked - though the license has likely expired since you said this occurred years ago. You did not specify if you were convicted of any crimes, whether related to that incident or not, but if you qualify for a permit you can submit an application.  Review the qualifications on the application carefully to see if any apply to you, as lying on the application can result in arrest.  You can find the Philadelphia Permit Application and instructions on how to apply here: http://www.phillypolice.com/assets/docs/PPD-Form.Firearm-License-Application.pdf

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eric

13th May 2015 10:43pm

I had a misdemeanor 1 in PA for DUI, I was told my only option to get my gun rights back was through a pardon. While looking online I came across this article  http://www.nytimes.com/2011/11/14/us/felons-finding-it-easy-to-regain-gun-rights.html

The people in this article were convicted of far worse crimes than I was, but had the state courts restore their gun rights. How were these people not subject to the federal firearms ban, and if they were how were they able to get their gun rights back without a governor's pardon? I have been researching this for years and I can never find a straight answer. The people in this article were convicted of crimes far worse than mine but were able to have a judge reinstate their gun rights? Everyone tells me my only option is to have a governor pardon, but that takes 3 years, a couple thousand dollars, and with a democrat for governor most likely will not succeed. I just want a definitive answer once and for all.

Admin:

As that article states, the federal law "essentially left the matter up to states. The federal gun restrictions would no longer apply if a state had restored a felon’s civil rights — to vote, sit on a jury and hold public office — and the individual faced no other firearms prohibitions."  It goes on to further elaborate that that restoration of civil rights, which "is now central to regaining gun rights, is relatively routine, automatic in many states upon completion of a sentence. In some states, felons must also petition for a judicial order specifically restoring firearms rights. Other potential paths include a pardon from the governor or state clemency board or a “set aside”— essentially, an annulment — of the conviction."  

Each state is different, but for the federal ban to no longer apply, those basic civil rights must have been restored following the conviction.  In states where these rights are easily restored, either automatically or through court order, individuals can much more easily restore their firearm rights. Unfortunately in Pennsylvania, a court case several years back specifically ruled that a firearm restoration does not restore those other specified civil rights and therefore the federal government does not honor a PA rgun estoration.  To fully restore your gun rights you need to get those other civil rights restored as well, which requires a pardon from the governor. For more information on this, please see our article on the Paulshock case in PA or the PA Supreme Court opinion here.

Reply

William

12th May 2015 12:18am

To whom it may concern, I am originally from Omaha Nebraska but currently live in PA. In 2003 at the age of 25 I had an open container charge, first offense of any kind on my record, I paid fines, missed court spent a few weeks in jail because of it but since have had no other convictions on my record. Also in 2003 I did something stupid I was going through a divorce and I tried to overdose. I was in Council Bluffs Iowa at this time, I was transferred from one hospital to another one out in the middle of Iowa for a total hospital stay of 11 days. It was court ordered so obviously it was involuntary. How do I go about getting my federal and state gun rights lifted so I can not only buy but carry concealed? Is this possible for me or did I lose all chances? There was a bill passed into law in iowa on April 19, 2011 called Senate File 456 that stated people in my position had a chance to restore their lost rights due to involuntary commitment. How if at all can I accomplish? Thank you.

Admin:

Because your involutary commitment was court ordered, you are currently prohibited under both federal law and PA law from possessing a firearm.  While you can file for a restoration in PA, you would still be federally prohibited. Unfortunately, we are not licensed in Iowa and cannot advise you on the options you have at this time that could assist you in restoring your rights. You would need to first  do something that under Iowa law lifts that federal ban - which may include the restoraion you are talking about or expunction of your involuntary commitment if they offer such a remedy. I would advise contacting an attorney in Iowa who specializes in these types of mental health/fireearm issues to see what your options are. If Iowa restores your rights or expunges your commitment, that may be the only step you need to take; or you may need to file subsequently for restoration in PA depending on what the exact relief you acquired is.

Reply

James D.

9th May 2015 5:20am

I filed for a concealed weapons permit and was denied for "psychiatric-institutionalization." As far as I know, one must be admitted involuntarily, which I never was. Only once, for three days, did I self-admit for depression. I am a disabled Vietnam Vet, a retired Federal RN, and have NO criminal history. What are my options, if any?

Admin:

The standard required to obtain a concealed weapons permit is higher than the standard to be able to purchase and possess a firearm. The statute governing the concealed carry license states that it should not be issued to "an individual who is not of sound mind or who has ever been committed to a mental institution."  It does not specifically state involuntary and that section of the statute leaves some discretion to the local sheriffs who make the decision to grant or deny these applications.  Regarding your options following this denial, you can appeal the denial through the county court.  I would also advise you to first ensure the records from your voluntary admission are clear that it was voluntary and also ensure that you are not currently in violation of any laws by possessing a firearm, which may be the case if they considered that commitment involuntary. Otherwise it is a matter of meeting the higher standard required for a conceal weapons permit and may require appealing the sheriff's decision with the court if you believe he abused his discretion by denying your application. 

Reply

Ivy

21st April 2015 9:35pm

How can I get my right to carry a gun back, after being convicted of an felony twenty years ago?

Admin:

If you've been convicted of a felony, you are prohibited from possessing a firearm under both federal and PA laws.  The only way to restore that right is to apply for a Pennsylvania Pardon.

Reply

Eric

9th April 2015 8:37am

I had 2 DUIs resulting in a M1. PA law says 3 or more within 5 years is disabling for firearms. I only had 2, but under that it says were you ever convicted of a crime of which you could have served more than 2 years in jail. I am pretty sure an M1 is 5 years max.  I didnt get any jail time. So basically under state law I'm not prohibited, but I am under federal law? Can someone please help me!

Admin:

Yes, unfortunately you have correctly summarized the PA and federal law on the subject of DUIs and M1 convictions.  Under the federal law, a Misdemeanor 1, because it is punished by a maximum of 5 years regardless of the actual sentence imposed, it is treated like a felony for the federal firearm law.  Therefore if one or both of your DUIs was graded as an M1 you are banned from possessing a firearm under the federal law.  At this time, a PA restoration does not lift the federal ban if granted.  The only option currently available to lift the federal ban resulting from a PA conviction is to seek a pardon in Pennsylvania for those disabling convictions.

Reply

eric

15th May 2015 9:53pm

I had an M1 for DUI in PA. Being that I am only prohibited under federal law and not state law, if I was to get a pardon would I still have to go to court for a firearms restoration for PA or would the ban automatically be lifted upon grant of the pardon?  And if I was to go through with the pardon process, how long does it take for the case to be heard, I've heard as long as 4 years? Is it possible to expedite it or is it going to take years regardless?

Admin:

Unfortunately, the pardon process does take approximately four years currently and there is no way to expedite it.  If you do receive a pardon for your M1 DUI conviction, your firearm rights would be automatically restored; you would not need to separately file for a firearm restoration.  Your gun rights would be restored with the pardon, and your case would also be eligible to be completed expunged, but that extra step would require filing a petition with the court following the pardon.

Reply

Omar B.

6th April 2015 8:21pm

Hello, I was convicted of possession of a firearm without a permit I got a f2 and f3 I was wondering do I have a chance of ever getting a gun? I did 5 years on probation and haven't been in trouble since. What should I do?

Admin:

Given the level of your offenses, you are prohibited from purchasing or possessing a firearm under both federel and state law.  The only option for you to restore your firearm rights at this time is to apply for a pardon from the Governor of Pennsylvania.  You can read more about that process here.

Reply

Lisa B.

29th March 2015 6:34am

I overdosed on pills 10 years ago, and they took my gun permit that day even though it was locked up in a safe. Can I ever get it back? I was never convicted of anything never been back to fit floor.

Admin:

The requirements for the issuing of a gun permit are found in Pennsylvania Statutes section 6109(e).  If you were committed to a mental institution, that can be a reason to prohbit your ability to even possess a firearm and to receive a concealed carry license.  Other reasons a sheriff can rely on to deny a license include being an "unlawful user" of drugs, being a "habitual drunkard" or found "likely to act in a manner dangerous to public safety."  The issuance of a license to carry a conceal weapon is a much stricter standard than just being able to legally possess a firearm. Based on your question, I am not sure if they also took your firearm or just revoked your license. Because it has been so long, you would have to reapply for a new license.  You can review the form here:  http://www.bedfordcountypa.org/uploads/Application_for_a_License_to_Carry_Firearms.pdf  It is important to provide honest answers on the form.  If you are denied and believe the denial is wrongful, you can appeal that to the court.

Reply

Andrew

21st March 2015 4:53pm

I have an M3 misdemeanor charge from 2008 how long should that affect me from getting my concealed carry permit in Pennsylvania?

Admin:

Without knowing more about your specific offense, it is impossible to say.  Some M3 charges may not affect your ability to get a CCL at all, some may cause the sheriff to use their discretion to deny you, while some M3 charges may prohibit you under the statute (drug charges).  The law governing Concealed Carry Licenses can be reviewed here.

Reply

Rick F.

17th February 2015 8:03am

I am a convicted felon in PA can I hunt with a rifle or shotgun? I heard that I can borrow a firearm but have to return it when done hunting.

Admin:

Felons may not possess firearms under both PA and federal law. I have heard of no exception to this rule that would cover the situation you described (borrowing a firearm for hunting), as you would still be a convicted felon in possession (during the time hunting) of a firearm. 

Reply

Kyle

27th January 2015 10:14pm

I received a felony in New Jersey when I was 18 but after trial I was given pre trial intervention, and after completing community service and fines it was changed to a non conviction. I now live in Pennsylvania but New Jersey has more strict laws. I couldn't get a license to carry permit in PA because of it for some reason but can I still own a gun for home protection?

Admin:

Without reviewing the records from your case and knowing the specific offenses involved and the sentence it is difficult to say.  However, if you were through trial it sounds like you were most likely convicted and did not receive Pretrial Intervention in NJ, because that is something you would have received before trial and should not affect your firearm rights.  The standard does differ between being able to possess a firearm and receiving a permit to carry a concealed weapon.  We can review your case documents to review you eligibility to purchase a firearm in PA and also whether your NJ case is eligible to be expunged.  Please contact us to discuss this further.

Reply

Sam

4th January 2015 10:31am

I was convicted of a simple possession charge in 2005 and did 6 months probation. The conviction does not prohibit me from owning firearms at all as I own several and passed multiple background checks to purchase them. My problem is that under Pennsylvania law I can't receive a license to carry firearms. Is there anyway to have my right/privilege to carry a firearm restored?

Admin:

If you can currently possess a firearm in Pennsylvania but you are seeking to restore your abilitiy to receive a license to carry under PA Code section 6109, pursuant to section 6123, a governor's pardon of that conviction would remove that disability. Please view our pardon service page for more information on a pardon in Pennsylvania: http://www.recordgone.com/expungement-pennsylvania/pardon/

Reply

Tabatha

3rd January 2015 12:31am

My roommate filled out an application to buy a firearm. He misread one of the questions on the application and now they want to charge him with a felony. He was convicted of a misdemeanor over ten years ago. When he was a juvenile he held a knife to his step father in self defense. Can you please tell me what his option may be?

Admin:

Please call us toll free to discuss specifics of the case at 877-573-7273.   You can also have your friend to take the free online expungement eligibility test.

Reply

nick

31st October 2014 2:31pm

I'm 43 years old. When I was 19, I was convicted of a prohibited weapons misdemeanor 1, possession without a permit, and a DUI misdemeanor 2. I have not been in trouble in 23 years. Can I ever purchase guns again?

Reply

Jenna Thorne

26th November 2014 8:51pm

Unfortunately, the federal felon firearm ban applies to If you were convicted of an M1 in PA. This is because the maximum penalty for an M1 is 5 years and is therefore treated like a felony under the Federal firearm law. Your best option would be to apply for a pardon from the Governor of Pennsylvania. Please see more information on PA Pardons here: http://www.recordgone.com/expu...

Reply

Ryan Frasnelli

13th October 2014 10:12pm

I have two different charges for possession with intent to deliver marijuana (the most recent was on February 21, 2006). Does that mean that I have lost my gun rights in Pennsylvania? If I did lose my gun rights, would I be able to get them back?

Reply

JS

10th October 2014 11:26am

I was 302'ed as a minor in Pennsylvania. Is there any chance of getting my gun rights restored? It has been 14 years since the charge.

Reply

mike

8th October 2014 2:19pm

I got a misdemeanor for carrying without a license, but it was my registered gun and it was loaded in the trunk of my car. I have no felonies and I am an army veteran with two tours in Iraq. I got an honorable discharge and have multiple awards. I haven\'t been in trouble with the law since the conviction 7 years ago and I just want to know if I can get my rights restored.

Reply

Jenna Thorne

8th October 2014 10:56pm

Without additional information regarding exactly what you were convicted of, I cannot say for sure if you can get your rights restored. However, a conviction under Section 6106 (carrying without a license) in Pennsylvania generally is either a 3rd degree Felony or a Misdemeanor 1. If you were convicted of an M1, the federal firearm prohibition applies to you, and a PA restoration does not lift the federal ban at this time. Your best option in that case would be to apply for a pardon in the Commonwealth of Pennsylvania.If you were convicted of a lower level misdemeanor and believe your rights are prohibited in PA but not under federal law, there is generally a 10 year waiting period before you can apply for the restoration in PA court.

Reply

Frank Zane

1st October 2014 7:03pm

I have an M1 from 1982 and an M2 from 1984. I pleaded guilty to both counts and served no prison time. For the M1, I was given 2 years probation, and for the M2, I paid restitution. The M2 case was closed 15 years ago. I have been a model citizen since then, working in a professional environment for 24 years straight. I have plenty of references and no arrests since the M2 terminated 15 years ago. What are the chances of restoring my gun rights since its been more than 24 years since that M1 probation was over with? Thank you.

Reply

Jenna Thorne

8th October 2014 9:23pm

Hello Frank, unfortunately a firearm rights restoration in Pennsylvania will not fully restore your gun rights. A Misdemeanor 1 conviction in PA is punishable by up to five years imprisonment. Because the maximum penalty (regardless of what sentence you received) is greater than 2 years confinement, an M1 conviction is treated as a felony for the purposes of the federal firearm prohibition. A PA gun restoration does not lift the federal ban. Therefore, currently the only way to fully restore your PA gun rights is to apply for a pardon. Please see our page on pardons here: http://www.recordgone.com/expu...

Reply

E

11th July 2014 11:39pm

I have a felony 3, firearms not to be carried without a license. What are my chances of getting my firearm restored?

Reply

MathewHigbee

16th July 2014 8:33pm

What was the felony for and when did it occur?

Reply

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