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On The Law - Thoughts of a Pennsylvania Lawyer 
Tuesday, March 05 2019
Perils of False Statements in Firearm Purchase | Criminal Lawyer | Tioga County PA, Potter County, McKean County | David Ross

False Statements when Purchasing a Firearm

18 Pa.C.S. 6111(g)(4) 

Making a false statement while trying to purchase a firearm is a serious crime, and you should seek representation immediately if you are facing this charge.  (Our criminal defense attorney practices in Tioga County, McKean County, and Potter County, PA.)  The statute involved and the form that you have to fill out when purchasing a firearm are needlessly complicated and result in a number of people who are trying to do the right thing being charged in Pennsylvania each year. 

Pennsylvania is one of the States that investigates each and every allegation that a purchaser has made a false statement on his fire arm purchasing forms.  The combination of aggressive investigation and unfortunately complicated forms results in a large number of serious criminal charges being levied each year.  Our law firm has had great success in either having the charges withdrawn or reduced.  We know the defenses to this charge.  If you were charges in Tioga, Potter or McKean County, PA, you should call us so that we can evaluate the evidence against you.  

Gun Charges For False Statements

Pennsylvania law makes it illegal to knowingly make a false statement in the purchase of a firearm. Every person who purchases a gun in a retail establishment will undergo a state and federal background check in Pennsylvania. In Pennsylvania, such a false statement is a felony of the Third Degree.

Most people understand that a felony conviction prohibits them from owning a firearm.  But did you know that any offense for which you could receive 12 months or more will also prohibit you from purchasing a firearm?  We see this a lot.  People who, for example, had a DUI and who received less than a year sentence do not realize that under certain circumstances a DIUI could result in a year or more in jail.  Most of the time, it is several years later when the individual attempts to purchase a firearm.  They simply do not remember how much time a DUI could have carried.  They only remember how much they actually received for the DUI.  

Other examples of disqualifying events include an active PFA or an involuntary commitment to a mental health facility.  We have also seen more than one circumstance where a voluntary commitment was improperly reported as an involuntary commitment, which resulted in felony charges being improperly brought against our client.

If you have any type of criminal record or anything else which you believe could prohibit you from owning a firearm, you should review applicable statute and consult with an attorney before you try to purchase a firearm. 

Give us a call today:  (814) 274-8612 or (570) 309-6690.  Our attorneys will help you to reach your goals.  We have friendly and helpful staff members when you just need to talk to someone.

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The purpose of this article is not to provide an exhaustive list of those events that could result in a charge for making a false statement.  Instead, this article is for general information so that you can be aware of this hidden landmine in the law and take steps to make sure that you know how and whether you can legally purchase a firearm in Pennsylvania.

From offices in Coudersport, Potter County, Pennsylvania, the attorneys at Ross and Ross, LLC serve the personal injury, bankruptcy, social security disability, divorce and family law needs of Western, Northwestern, Central and North Central Pennsylvania including the communities of Coudersport, Galeton, Shinglehouse, West Branch, Smethport, Port Allegany, Bradford, Roulette, and Wellsboro, as well as Potter County, McKean County, Tioga County, Cameron County, Bradford County and other areas of Western PA and Central PA.

 

Pennsylvania Cities served by County:
McKean County, PA
Aiken, Betula, Big Shanty, Bradford, Bullis Mills, Burning Well, Ceres, Clermont, Colegrove, Corwins Corners, Coryville, Crosby, Custer City, Cyclone, Dallas City, Degolia, Derrick City, Duke Center, East Kane, East Smethport, Eldred, Farmers Valley, Foster Brook, Freeman, Gardeau, Gifford, Gilmore, Griffiths, Hazel Hurst, Hazelton Mills, Hutchins, Kane, Kanesholm, Kasson, Kushequa, Lafayette, Lantz Corners, Larabee, Lewis Run, Liberty, Ludlow, Marshburg, Marvindale, Mount Alton, Mount Jewett, Myrtle, Ormsby, Port Allegany, Prentisvale, Rew, Rixford, Sergeant, Smethport, Tally Ho, Turtlepoint, Westline, Westmore, Wrights, Wrights Corners

Potter County, PA
Andrews Settlement,  Austin, Brookland, Burtville, Carter Camp , Cherry Springs, Clara, Colesburg, Coneville, Conrad, Costello, Coudersport, Cross Fork, Eleven Mile, Ellisburg, Elmer, Galeton, Genesee, Germania, Germania Station, Gold, Harrison Valley, Hebron, Hebron Center, Honeoye, Inez, Keating Summit, Loucks Mills, Millport, Mills, Mina, Newfield, North Bingham, North Fork, Odin, Oleona, Oswayo, Potato City, Raymond, Roulette, Sharon Center, Shinglehouse, Sunderlinville, Sweden Valley, Ulysses, West Bingham, Wharton

Tioga County, PA
Academy Corners, Ansonia, Antrim, Arnot, Austinburg, Blackwell, Blossburg, Brookfield, Canoe Camp, Cherry Flats, Covington, Cowanesque, Daggett, Davis, Draper, Eastpoint, Elbridge, Elkland, Fallbrook, Farmington, Gaines, Gleason, Hartfield, Holliday, Jackson Summit, Jobs Corner, Keeneyville, Knapp, Knoxville, Lawrenceville, Leetonia, Leolyn, Liberty, Little Marsh, Mainesburg, Mansfield, Marshland, Middlebury Center, Millerton, Morris, Morris Run, Nauvoo, Nelson, Niles Valley, Ogdensburg, Osceola, Potter Brook, Rexford, Roaring Branch, Roseville, Round Top, Sabinsville, Sebring, Stonyfork, Tiadaghton, Tioga, Trowbridge, Watrous, Wellsboro, Westfield


Our attorneys are licensed in PA and GA.  We cannot provide legal advice involving any other state.

Zip codes served: 15870 16701 16720 16726 16727 16729 16731 16732 16735 16738 16740 16743 16744 16745 16748 16749 16750 16901 16912 16914 16917 16920 16921 16928 16929 16930 16932 16933 16935 16936 16938 16942 16943 16946 16947 16950 17724 17765 15834 16720 16743 16746 16748 16915 16921 16922 16923 16927 16937 16941 16943 16948 17729 15832 15834 15861 16720 15821 15822 15823 15824 15827 15828 15832 15834 15845 15846 15853 15857 15860 15868 15870 16728 16735

Attorney David B. Ross is responsible for the content of this site.  PO Box 310, Coudersport, PA 16915

Posted by: David B. Ross, Esq. AT 08:19 am   |  Permalink   |  Email
Monday, March 04 2019
Harassment by Text - by David Ross, Potter County | McKean County Criminal Attorney

What is Harassment by Text? - Potter and Mckean County, PA Attorney

By David B. Ross, Esq.

Many people are shocked to find themselves charged with Harassment because of something that they texted or posted on line.  Such a charges can be an absolute shock when we are taught that we have freedom of speech. 

The relevant statute in PA is 18 Pa. CSA 2709.  

§  2709.  Harassment.

(a)  Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm another, the person:

(1)  strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;

(2)  follows the other person in or about a public place or places;

(3)  engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose;

(4)  communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;

(5)  communicates repeatedly in an anonymous manner;

(6)  communicates repeatedly at extremely inconvenient hours; or

(7)  communicates repeatedly in a manner other than specified in paragraphs (4), (5) and (6).

 (c)  Grading.--

(1)  Except as provided under paragraph (3), an offense under subsection (a)(1), (2) or (3) shall constitute a summary offense.

(2)  An offense under subsection (a)(4), (5), (6) or (7) or (a.1) shall constitute a misdemeanor of the third degree.

 The Courts have interpreted this to include sending a text after being told to stop or sending a series of texts with no legitimate purpose.  The statute is intended to stop people from being able to harass other individuals by repeatedly sending unwanted communications.  Unfortunately, the statute has also been weaponized by people who provoke conversations and then claim that the communication was unwanted.  We see this a lot in the context of divorce or break ups. 

If you have been accused of harassment, call our law firm to inquire about a consultation.  You may very well have a defense if the communication was for a legitimate purpose or was invited by the other party.  Evidence of exactly what happened is important.  Do not delete the messages.  Your attorney will need to review them.  If you delete them, you may well delete the only defense that you have.

Give us a call today:  (814) 274-8612 or (570) 309-6690.  Our attorneys will help you to reach your goals.  We have friendly and helpful staff members when you just need to talk to someone.

* Federal law requires the following disclosure: We are a debt relief agency helping people file for relief through bankruptcy under the bankruptcy code.

** There are other types of bankruptcies.  Chapter 11 is for businesses and Chapter 12 applies to farms.
***Legal Disclaimer: The contents of this site are for informational purposes only and do not constitute legal advice.  No lawyer-client relationship exists until one of our attorneys meets with you and agrees to accept you as a client.

Pennsylvania Cities served by County:
McKean County, PA
Aiken, Betula, Big Shanty, Bradford, Bullis Mills, Burning Well, Ceres, Clermont, Colegrove, Corwins Corners, Coryville, Crosby, Custer City, Cyclone, Dallas City, Degolia, Derrick City, Duke Center, East Kane, East Smethport, Eldred, Farmers Valley, Foster Brook, Freeman, Gardeau, Gifford, Gilmore, Griffiths, Hazel Hurst, Hazelton Mills, Hutchins, Kane, Kanesholm, Kasson, Kushequa, Lafayette, Lantz Corners, Larabee, Lewis Run, Liberty, Ludlow, Marshburg, Marvindale, Mount Alton, Mount Jewett, Myrtle, Ormsby, Port Allegany, Prentisvale, Rew, Rixford, Sergeant, Smethport, Tally Ho, Turtlepoint, Westline, Westmore, Wrights, Wrights Corners

Potter County, PA
Andrews Settlement,  Austin, Brookland, Burtville, Carter Camp , Cherry Springs, Clara, Colesburg, Coneville, Conrad, Costello, Coudersport, Cross Fork, Eleven Mile, Ellisburg, Elmer, Galeton, Genesee, Germania, Germania Station, Gold, Harrison Valley, Hebron, Hebron Center, Honeoye, Inez, Keating Summit, Loucks Mills, Millport, Mills, Mina, Newfield, North Bingham, North Fork, Odin, Oleona, Oswayo, Potato City, Raymond, Roulette, Sharon Center, Shinglehouse, Sunderlinville, Sweden Valley, Ulysses, West Bingham, Wharton

Tioga County, PA
Academy Corners, Ansonia, Antrim, Arnot, Austinburg, Blackwell, Blossburg, Brookfield, Canoe Camp, Cherry Flats, Covington, Cowanesque, Daggett, Davis, Draper, Eastpoint, Elbridge, Elkland, Fallbrook, Farmington, Gaines, Gleason, Hartfield, Holliday, Jackson Summit, Jobs Corner, Keeneyville, Knapp, Knoxville, Lawrenceville, Leetonia, Leolyn, Liberty, Little Marsh, Mainesburg, Mansfield, Marshland, Middlebury Center, Millerton, Morris, Morris Run, Nauvoo, Nelson, Niles Valley, Ogdensburg, Osceola, Potter Brook, Rexford, Roaring Branch, Roseville, Round Top, Sabinsville, Sebring, Stonyfork, Tiadaghton, Tioga, Trowbridge, Watrous, Wellsboro, Westfield


Our attorneys are licensed in PA and GA.  We cannot provide legal advice involving any other state.

Zip codes served: 15870 16701 16720 16726 16727 16729 16731 16732 16735 16738 16740 16743 16744 16745 16748 16749 16750 16901 16912 16914 16917 16920 16921 16928 16929 16930 16932 16933 16935 16936 16938 16942 16943 16946 16947 16950 17724 17765 15834 16720 16743 16746 16748 16915 16921 16922 16923 16927 16937 16941 16943 16948 17729 15832 15834 15861 16720 15821 15822 15823 15824 15827 15828 15832 15834 15845 15846 15853 15857 15860 15868 15870 16728 16735 17701 17702 17703

Attorney David B. Ross is responsible for the content of this site.  PO Box 310, Coudersport, PA 16915

Posted by: AT 12:52 pm   |  Permalink   |  Email
Friday, March 01 2019
Coudersport Borough May Not Sell Arboretum | David Ross Esq.

Coudersport Borough may not sell Arboretum

In a not unsurprising opinion, Senior Judge, Michael Williamson has ruled that the Borough may not sell the land near Sheetz that has been used for a public park. In what was characterized as a "weak argument by the Judge," the Borough argued it could no longer maintain the park.

 Our attorneys have been following the case for some time, and the Judge's ruling is exactly what we anticipated as the Borough has no basis to claim that it cannot maintain the Park.

Regardless of what you think of the outcome, it was great to see the law fairly applied.

It is unclear what will happen to the caboose, which has been a central character in the saga. At one time, John Wright was said to have facilitated the purchase for a land developer from the Chamber of Commerce. More recently, the Borough has claimed ownership of the caboose. The Historical Society at one point expressed interest in the little Bobber. We can only hope that this historical gem is preserved for all to enjoy.

Here is a copy of the entire opinion if you would like to read it.

Posted by: AT 12:54 pm   |  Permalink   |  Email
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