Probation and purchasing a firearm

[shynequasiog22]

I don't know if this has been asked before but can a firearm be purchased while on probation for a non-violent misdemeanor and if not are there any restrictions after probation is complete. Thanks in advance for any answers.

[lildobe]

No, most likely not.

Ask your lawyer and P.O., but from my experience no, you are not allowed to posses a firearm while on probation.

[Agent Smith]

§ 9754. Order of probation.

(a) General rule.--In imposing an order of probation the court shall specify at the time of sentencing the length of any term during which the defendant is to be supervised, which term may not exceed the maximum term for which the defendant could be confined, and the authority that shall conduct the supervision.

(b) Conditions generally.--The court shall attach such of the reasonable conditions authorized by subsection (c) of this section as it deems necessary to insure or assist the defendant in leading a law-abiding life.

(c) Specific conditions.--The court may as a condition of its order require the defendant:

(7) To have in his possession no firearm or other dangerous weapon unless granted written permission.

The way it appears to me in 42 Pa.C.S.A. § 9754(c)(7), it would seem that it is up to the court whether or not you could possess firearms. So, you would definitely want to check with your P.O.

Now, with that said, what were you convicted of if you don't mind me asking? Because, if you were convicted of a crime that could have resulted in 2 or more years in prison, you are prohibited from owning or possessing firearms.

[shynequasiog22]

It was just possession of marijuana and paraphernalia. I only have one month left on probation so the more important part is regarding after the probation is complete. While on probation I haven't been in any other trouble.

[Chilly Willy]

Looks like in this post Pa.Patriot says if your conviction held a max sentence of under 2 years you will be able to purchase (at least after probation), but never get a LTCF. That thread started similar to this one but got pretty heated soon after that comment.

[pex]

Originally Posted by shynequasiog22

It was just possession of marijuana and paraphernalia. I only have one month left on probation so the more important part is regarding after the probation is complete. While on probation I haven't been in any other trouble.

The only thing I'd be worried about is:

18USC922

(g) It shall be unlawful for any person--
[...]
(3) who is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));

I'm not exactly sure what an 'unlawful' user of a controlled substance is (are you using it right when you sign the form? Are you using it habitually although without addiction? Have you simply been found guilty for a drug crime in a court of law?) We'll need some case law to figure that out.

The other important thing is to know whether you are completing ARD or some other agreement where you did not plea or were not found guilty in court.

[pex]

Otherwise, the (potential) jail penalties are not severe enough to be prohibitors themselves:

35 P.S. § 780-113

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 35 P.S. Health and Safety (Refs & Annos)

Chapter 6. The Controlled Substance, Drug, Device and Cosmetic Act (Refs & Annos)

>>§ 780-113. Prohibited acts; penalties
(a) The following acts and the causing thereof within the Commonwealth are hereby prohibited:
[...]
(31) Notwithstanding other subsections of this section, (i) the possession of a small amount of marihuana only for personal use; (ii) the possession of a small amount of marihuana with the intent to distribute it but not to sell it; or (iii) the distribution of a small amount of marihuana but not for sale.

For purposes of this subsection, thirty (30) grams of marihuana or eight (8) grams of hashish shall be considered a small amount of marihuana.

(32) The use of, or possession with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act.
[...]
(g) Any person who violates clause (31) of subsection (a) is guilty of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment not exceeding thirty days, or to pay a fine not exceeding five hundred dollars ($500), or both.


(h) Any penalty imposed for violation of this act shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.


(i) Any person who violates clauses (32), (33) and (34) of subsection (a) is guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not exceeding two thousand five hundred dollars ($2,500) or to imprisonment not exceeding one (1) year, or both. Any person who violates clause (33) by delivering drug paraphernalia to a person under eighteen (18) years of age who is three (3) or more years his junior shall be guilty of a misdemeanor of the second degree and upon conviction thereof shall be sentenced to pay a fine not exceeding five thousand dollars ($5,000) or to imprisonment not exceeding two (2) years, or both.

[shynequasiog22]

Judging by the answers given it looks to go case by case. So I'll have to talk to my probation officer upon completion. Thanks for the answers.

[pex]

Originally Posted by shynequasiog22

Judging by the answers given it looks to go case by case. So I'll have to talk to my probation officer upon completion. Thanks for the answers.

No, you'll have to talk to your probation officer while on probation to make sure the terms of your probation agreement (by order of the court) don't prevent you from purchasing or possessing firearms. Once probation is over, that obviously no longer matters.

There's a lot more to ascertain after that:
- if you are on probation because of ARD or an agreement, or you are on probation as a court order from a plea of guilty or a guilty verdict
- what 'unlawful user of marijuana' is, which case law probably has since decided (if it turns out a guilty is involved somewhere)

You ought to read 18USC922(g) and 18PACS105 if you haven't yet done so, as they relate to prohibitors.