Gambone Law - Podcast 11 - Client Q/A - Simple Assault, Buying a Gun, Expungement

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Philadelphia Criminal Lawyer, Alfonso Gambone, answers questions on

- Simple Assault vs. Aggravated Assault
- Buying a Gun and prior criminal history
- Expungement vs. Limited Access Petitions
- Mandatory Sentences - Drug Crimes

Buying a Gun - The Application is Important

In Pennsylvania and New Jersey, a person must complete an application before purchasing a handgun. New Jersey, additionally, requires a permit to purchase a handgun. While Pennsylvania doesn’t require a permit the Pennsylvania State Police, under its form SP4-113, will ask if you have ever been convicted of “a crime enumerated in Section 6105(b) or any other conditions under Section 6105(c) apply to you”.

Question 31 on Form SP4-113 – Section 6105 of Pennsylvania’s Uniform Firearm’s Act – Felony & Misdemeanor Crimes

Question 31 on the application is specifically focused on felony crimes of violence such as aggravated assault, criminal trespass, robbery, rape, murder, and manslaughter. In addition, under Subparagraph C, the question is asking if the person has ever been convicted of a crime under Pennsylvania’s Controlled Substance, Drug, Device, and Cosmetic Act or any equivalent federal or a statute of another state such as New Jersey. Further, subparagraph C of Section 6105 makes it a crime for any individual who has been convicted of drunk driving on 3 or more occasions within a 5 year period. Finally, this section also deals with active protection from abuse orders (PFA) which requires a person to relinquish all guns and firearms.

Question 32 – Other crimes where the maximum punishment exceeds 1 year.

Most people assume that only a felony crime will make them ineligible to possess a firearm within the Commonwealth but question 32 of the applications asks if a person has ever been convicted of a crime punishable by imprisonment for a term exceeding 1 year. The question follows with an explanation with regards to a maximum sentence. It’s important to understand that in Pennsylvania, misdemeanor crimes carry the following maximum sentences:

Misdemeanor of the 1st degree—5 years
Misdemeanor of the 2nd degree—2 years
Misdemeanor of the 3rd degree or ungraded misdemeanors—1 year

Basically, this means that if you’ve been convicted of a misdemeanor of the 2nd degree you would have to answer question 32 “YES” even though it’s not a felony offense. Examples of ungraded misdemeanors included simple drug possession, possession of drug paraphanalia, most drunk driving offenses and some simple assaults. Examples of misdemeanors of the second or 1st degree included simple assault, possession of an instrument of crime (PIC), some illegal gun and firearms charges.

What Type Of Criminal Charges Could You Face For A False Application?

It is extremely important to understand that if you falsify a gun application in Pennsylvania, district attorney for that county will, more than likely, attempt to prosecute you under 3 possible statutes. These would include the following:

Unsworn falsification to authorities
Title 18 § 1849(a)—misdemeanor of the 2nd degree
Tampering with public records or information
Title 18 § 4911(a)—misdemeanor of the 2nd degree
Making a material false written statement in connection with a purchase, delivery, or transfer of firearm
Title 18 § 6111(g)(4)—felony of the 3rd degree
Who is eligible for an expungement in Pennsylvania?



In Pennsylvania a person is eligible for an expungement when their felony or misdemeanor charge does not result in a criminal conviction (aka – a non conviction, dismissal, judgment of acquittal, withdraw of prosecution. A person is also eligible for an expungement if their misdemeanor or felony charge resulted in diversionary disposition through the ARD program (Accelerated Rehabilitative Disposition) and Section 17. I have written articles on these programs and I encourage you to read them. There are also situations where a person is eligible for an expungement through AMP (Accelerated Misdemeanor Program); I encourage you to read the article on that program for more information.


Convictions & Expungements in Pennsylvania
Not all convictions are ineligible for an expungement in Pennsylvania. A person is eligible for an expungement if he or she is convicted of a summary offense and has not been arrested for 5 or more years. The most common summary offenses which our law firm handles are disorderly conduct, simple trespass, underage drinking, and retail theft (value under $150). A person is also eligible for an expungement if the individual is over the age of 70 and has not been arrested for 10 years following that conviction.

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