Posted on December 29, 2017 in Weapons Charges
Q: I have a misdemeanor 1 in PA for a second DUI. I read sections pa 18 908.1. Section C states that people who can’t possess firearms in PA can’t obtain a taser if you have something in pa 18 6105 prohibited person not to carry firearms. I understand that I may not possess a firearm due to federal regulation us 18 922 sections g because my DUI may have carried more than 2 years imprisonment therefore baring me from a firearm federally. Would this also make me ineligible for a taser since this is a federal issue that I was barred under and not a state issue? I am confused because it is listed in section pa 18 6105 that if you are federally barred you can’t possess a firearm in PA state law and therefore no taser? Sorry for confusion didn’t know if anyone could clarify this mess for me. (McCandless, Twp., PA)
A: No. If convicted of a crime punishable by more than a year in prison, you are ineligible to possess a firearm under federal law. If you are ineligible to possess a firearm under Federal law, you may not possess one under Section 6105 of the PA Crimes Code. Your DUI was a Misdemeanor 1 which is punishable by more than one year in jail. (not more than five years on jail) It is not only a Federal issue with tasers, but a PA state issue as well. 18 PA C.S. § 908.1 c, prohibits you from possessing such an electronic device if you are barred from possessing a “firearm” under section 6015 of the PA Crimes Code.
FIREARMS, TASER, POSSESSION, BARRED, VIOLATION, 18 PA. C.S.A. § 6105,