The answer to this is admittedly confusing, and it is important you understand the answer before attempting to purchase a firearm in Pennsylvania. When you go to a federally licensed firearms dealer (commonly referred to as an FFL or Federal Firearms Licensee, and these can include big store retailers or smaller gun shops), as part of the purchasing process you will be required to complete Bureau of Alcohol Tobacco and Firearms (ATF Form 4473).
Amongst a host of questions and 7 pages, you will be asked specifically at paragraph 21 (d) “Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?”
Now the confusion lay with the fact that Pennsylvania and many surrounding states have crimes classified under state law as Misdemeanors for which a judge could have imprisoned you for more than one year, or stated in the alternative, the maximum potential sentence exceeds imprisonment for more than one year. By way of example, under certain circumstances DUI or Driving Under the Influence charges in Pennsylvania are graded as First or Second Degree Misdemeanors. By definition, the maximum allowable sentence for a First Degree Misdemeanor is 5 years and for a Second Degree Misdemeanor is 2 years.
Incredibly as it may seem, if your criminal history includes a conviction for a 1st or 2nd degree misdemeanor under Pennsylvania’s DUI statutes, your answer to question 21(d) on ATF Form 4473 must be YES, even if the actual sentence your received was probation, and you will be prohibited from purchasing a firearm.
As a potential firearms purchaser, it is vitally important you understand both these questions and legal definitions as providing inaccurate answers on Form 4473 can itself constitute a state or federal crime.
If you have any questions regarding the interpretation of your criminal history, ATF Form 4473, or your right to possess or purchase a firearm, I would invite you to call Bononi & Company at 724-832-2499 to assist in resolving your concerns.