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Manchester and Associates

Manchester and Associates

Pennsylvania Criminal & DUI Defense

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Gun Laws

June 30, 2017 By admin

Why Was I Charged With A Felony For A Mistake On My PA Gun Application?

More and more we are seeing people being charged with Felonies where the police are claiming that they were intentionally or knowingly providing false information on an application for a firearm. In addition to this they are charged with a misdemeanor for Unsworn Falsification to Authorities. Most of the mistakes that occur on these applications stem from the Federal Law language that does not always translate properly to PA state laws.

Prior Criminal Convictions

When the application discussed your prior criminal convictions it ask if you have ever been convicted, plead guilty to, or pleaded nolo contender to, or no contest to a crime punishable by imprisonment for a term exceeding one year. This sounds simple but it’s not. This federal application says one year, but what it actually means is did you face a charge where you could have been punished with imprisonment for more than two years. In the State of Pennsylvania this would include all offenses graded as an M1 for greater. Most M2s and below would not fit into this category. However if you are convicted of a crime of domestic violence you lose your gun rights forever. Even if it is not an M1 or greater offense. The other big mistake people make with this question is that they might have faced a punishment greater than two years, but received a shorter sentence and may not have gone to jail at all. However the application is not asking what you did receive it is asking what you could have received. If you are unsure you need to stop filling out the application and contact an attorney. Do not ask the gun shop owner as they are not allowed to give you advice, and if you submit the form and it has an incorrect box checked. The next thing you know you have state police knocking on your door with felony charges for you. All denials through the PICS system are reported to the State Police for investigation and they will file charges as they are required to do so. Some people think if they can buy a hunting license they can buy or possess a gun. Absolutely not. That is an old-wives tale that will land you in jail.

PFA Orders

If you have a temporary Protection From Abuse (PFA) order against you or if you have a PFA hearing and you lose and a PFA is ordered for up to three years you are prohibited from retaining or purchasing firearms for the term of the PFA. PFAs in Pennsylvania can expressly state that your gun rights have been revoked; other PFAs can expressly state that there is no restriction on your gun rights. However, that does not mean that the PFA does not restrict your Federal right to purchase a firearm. If your PFA is active do not attempt to buy or possess firearms.

If you, your son, daughter, loved one in Pennsylvania was arrested for illegally filling out a firearm purchase application in Pennsylvania or has been arrested for any other type of crime in state or federal courts you need legal representation. Here at Manchester and Associates we represent people across the Commonwealth of Pennsylvania. For a free consultation we can be contacted at 1-800-243-4878.

Filed Under: Constitutional Rights Tagged With: Gun Laws

July 17, 2017 By admin

Will My Charges In Pennsylvania Affect My Gun Rights?

Many different convictions in Pennsylvania will affect your ability to purchase, own, and possess firearms. Most people when they are facing criminal charges are worried about the immediate consequences such as how much is this going to cost me, how long will I have to go to jail, or how long will I be on supervision. Not everyone thinks about the secondary effects of a criminal conviction such a will this conviction affect my immigration status, does this conviction have a license suspension, or will this conviction affect my right to purchase, own, or possess firearms. These secondary consequences are called collateral consequences and not every attorney will be aware of them or know how your particular case will be affected by them.

If you are a hunter, gun collector, or even just enjoy going out to the range every now and then; a conviction in Pennsylvania even to some misdemeanor offenses can result in a lifetime ban on your gun rights. Pennsylvania statute 18 Pa CSA 6105 goes through the offenses that would result in losing your gun rights and that list is long. Some of the Offenses included are: felony offenses all the way down to a drug conviction in which the sentence could have been longer than two years, even Driving Under the Influence (DUI) convictions, if you have convicted of three or more within a five year period. Also included are individuals with active Protection From Abuse (PFA) orders and numerous Juvenile convictions.

So far I have only discussed the Pennsylvania restrictions; there are also Federal restrictions on your gun rights when you have been convicted. The Federal Firearms Act states any crime punishable by imprisonment for a term exceeding one year will not be allowed to purchase, own, or possess firearms. For crimes in Pennsylvania this means all felonies and misdemeanors of the first degree. However even if you did not receive a sentence where the maximum punishment was over two years does not mean that you were not subject to a possible sentence of incarceration exceeding one year. Meaning that your gun rights depend on what you could have been sentenced to in Pennsylvania not what you were actually sentenced to.

Do not be surprised when it comes to a collateral consequence of a criminal conviction. Especially when it is dealing with your gun rights, losing your gun rights can be devastating if you are required to carry for your employment, or even if you just enjoy hunting or target shooting. Going into a case without the right representation can have disastrous consequences beyond the immediate penalties of jail, supervision, or fines.

It is extremely important to contact an experienced law firm right away if you or someone you know is facing criminal charges in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a free consultation we can be contacted at 1-800-243-4878.

Filed Under: Constitutional Rights Tagged With: Gun Laws

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Manchester and Associates
Manchester and Associates
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rodney baker
rodney baker
23:05 24 Nov 20
Persistent ! That is the word, Brian Manchester is very persistent . He will leave no stone unturned , and fight for... justice and be sure that you don't just get a run of the mill sentence .or just lay down for what ever the DA offers, i was involved in a DUI arrest over 2 years ago ! Brian would not give up, There was many trips to the court house and every step of the way he kept me very informed . Brian's courtroom performance is very professional and at time's theatrical and dare i say entertaining ! and in the end he and I WON a victory that didn't end with being charged with DUI :) Thank you again Brian for being persistent and all that you done for me .read more
Ashley Gunnett
Ashley Gunnett
03:06 13 Nov 20
Attorney Kuebler represented me in a case that could have potentially ended in license suspension and jail time. She... was able to negotiate a deal and got all charges (including a DUI) dismissed, except for a summary offense. It was the best possible outcome. I HIGHLY recommend Manchester and Associates!read more
Olivia Matthews
Olivia Matthews
19:30 04 Nov 20
Very helpful and is a great guy. He is always in contact and has great connections. I can't thank him enough for all... the help he's given me. I highly recommend Manchester and Associates.read more
Bob Dearman
Bob Dearman
14:07 27 Oct 20
I would highly recommend Manchester & Associates to everybody. They were recommended to me by another law firm. When I... made the call to talk to them, I was pleasantly surprised when I was able to discuss my case directly with Attorney Manchester himself. We talk about what my option were, and they said it would be no problem to represent me in this case. They did not have much time to prepare before my preliminary hearing and I was instructed to look for Attorney Davidson at the hearing location a half hour before it was time. When I found Attorney Davidson he explained to me what their plan was and I also found from listening to Greg talk to other attorneys how very well versed in the law and the situation that I found myself in he was. Much to my surprise I was able to plead guilty to a much lesser misdemeanor and walked out paying less than 10% of what I could have been looking at and more important, I faced on incarceration time what so ever. They did exactly what Brian told me they would do. Again, thank you Attorney Manchester and the very knowledgeable Attorney Davidson.read more
Jimmy Figueroa
Jimmy Figueroa
10:15 30 Sep 20
This law firm help me with a bad situation and it was done within days. The best law firm I've dealt with. I highly... recommend them to anyone.read more
Becky Hemphill
Becky Hemphill
22:28 29 Sep 20
We hired Brian Manchester when my daughter was charged with crimes after being a passenger in a motor vehicle accident... when she was actually a victim. She was (and is) still recovering when she was charged. Because she was in a wheelchair and recovering, Brian came to OUR HOME in the middle of nowhere on a Saturday to meet with us. He looked at the evidence and realized her being charged at all was wrong.. He got the charges dismissed without my daughter ever stepping foot in a Courthouse, as they never should have occurred in the first place, and she is now being treated like the victim she truly is. We cannot thank him enough and would highly recommend him and his associates! He does what it takes to get the best results possible. It doesn't get better than having the charges completely dismissed and expunged. Definitely worth it.read more
Ralph Larsen
Ralph Larsen
18:34 10 Sep 20
Almost 2 years ago, I found myself in need of a lawyer to fight a case for me, that if I lost, it could've cost me my... job. When I met with Brian I was impressed with his confidence and experience on cases similar to mine. I decided to use him as my lawyer, and it was the best decision I could have made. Over the course of 2 years he stuck with my case, stayed in contact with me on new developments, and always answered any questions I had. Once we had exhausted all options on attempting to settle the case, my only option was go to trial. When I asked Brian what he thought my chances were, his response was "I don't go trial to lose." He wasn't kidding, 2 days ago Brian spent 6 hours in court on my behalf and utilizing his experience and expert witness, I was found not guilty! I am beyond grateful to Brian for his work, and would recommend him to anyone that finds themselves in need of representation.read more
Siavash Varasteh
Siavash Varasteh
18:16 16 Aug 20
Great attorney. Constantly communicates with the client about the progress at each step and more importantly, he... delivers. Tip: Don’t interrupt him when he’s talking. He’s not fond of that. Let the man finish! Overal, I highly recommend Brian.read more
Jason Franklin
Jason Franklin
00:24 30 Jul 20
Brian represented me in a case that could have turned out really bad for me. He was upfront with me about everything.... Very professional but easy to talk to and always available to answer questions. If he couldn't speak to me at that moment he promptly returned my call in a timely fashion. He was able to negotiate a deal that was better than the best possible outcome I could have asked for. he definitely knows his way around a court room and everyone in the courtroom in Lycoming County including the DA and judge had a lot of respect for him and a good working relationship with him. I could not be more pleased with his representation and the outcome he somehow negotiated for me. I can not recommend him enough. If you are in a situation like me and need a lawyer give this firm a call immediately. I promise you will not be disappointed.read more
Angela Baker
Angela Baker
20:47 16 Jul 20
I can’t say enough good things about this law firm and the attorney who represented me on two different charges. ... Greg Davidson was the attorney on my cases. He kept in touch with me, he returned my phone calls and was there any time I needed assistance. If you find yourself in a position where you, unfortunately, need legal counsel, I highly recommend this law firm. They are professional, reliable, and have reasonable fees.read more
Tanya Fye
Tanya Fye
21:04 09 Jul 20
Very positive, responsive and effective. Delivered what Attorney Manchester said he could and made what was a... terrifying experience, less intrusive and invasive !! Thorough and quick response time. I was kept well informed at all times . Answered all questions in detail regardless of the amount of times that I asked , professional and courtesy!! Highly recommend!read more
Derek Ross
Derek Ross
18:56 06 Jun 20
Brian was extremely helpful with my legal issue. He always answered phone calls, texts, and emails in a timely manner.... For someone that wasn't all too familiar with how various aspects of the legal system worked, Brian did a great job communicating everything to me and offering explanations along the way. I am very happy with how he handled everything with my case and would use his services again in the future if needed.read more
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