Expert: Dean Speir - 10/4/2009

Question
Hell and thank you for taking the time to respond. In 1997 when I was 19 I happened to be in the wrong place wrong time. There was a wildfire in an area where I wold take normal hikes. Well due to me going to this area regularly someone identified me as being in the area same day of this incident. I was young and figured I could get by with an overworked public defender to get me out of this because I knew the truth and figured. I also found out that there had been someone else spotted in the area that also had been seen at other fires but he had never been identified so they just went with what they could to close out the case. Well to make a long story short my lawyer did not have time or resources to devote to my defense. After repeated attempts by the prosecution to get me to plead out right before trial due to there weak case I finally agreed when the offered a misdemeanor to just get it over with. My father played a part in this because he told me that a jury can always wrongly convict someone and then I could have the possibility of jail time. There was no way I could have made it being an outdoors person that needs to be free to go out into the "wild" to relax. That is when I said give me the deal to Pennsylvania crime code "18 § 3301  §§E1 failure to control / duty to act" a misdemeanor with just probation. My main question is will this prevent me from buying a rifle to hunt? That is one sport I have always wanted to do but never had the time until now to get into. I have been having a hard time on figuring out if PA law prohibits me with there instacheck system and I would be embarrassed to try and then get turned down.

Thank You

Answer
Usually, we get short snappy questions… yours just went to the top of the Longest Inquiries list.

And it doesn't even involve the Second Amendment!

Consult an attorney in your area for particulars about exactly what "18 § 3301  §§E1 failure to control / duty to act" does in the realm of Civil Disabilities.