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  #1 (permalink)  
Old May 17th, 2008, 08:55 AM
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Default dui and buying

Hi everyone hope someone can help i had 2 dui in pa one about 8years ago and one about 1year ago i was wondering if i can still buy a rifle in pa i was denied my renewal on my cwp though pics but would like to buy a rifle for hunting and target shooting but would like to know if i would pass background check before i go though the embaressment of deniel at the gun shop is there anyway to check if i would pass the check with out trying to buy first thanks.
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Old May 17th, 2008, 09:09 AM
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Default Re: dui and buying

Any felonies or jail time?
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Old May 17th, 2008, 09:11 AM
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Default Re: dui and buying

If you applied for, and were denied renewal for a LTCF because PICS denied you, then you won't pass the purchase check. But how do you know you were denied because of PICS? It could be that whoever your issuing sheriff is, decided your character was questionable because of your multiple DUI convictions. If that's the case, you should still be able to purchase a rifle from an FFL.
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Old May 17th, 2008, 10:16 AM
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Default Re: dui and buying

Under the current law if your BAC was .16 or higher for your 2nd DUI, you could be charged with a first degree misdemeanor. If you were convicted of an M1, then you would be a prohibited person.

Also...could it be that you are currently still on probation?
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Old May 17th, 2008, 10:20 AM
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Default Re: dui and buying

i got 90 days house arrest was on probation but got off in feb the sherrif office sent me the form to see why i was denied my cwp i sent it in to state police and got back a letter saying dui related still denied would a lawyer help in this case
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Old May 17th, 2008, 10:25 AM
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Default Re: dui and buying

Quote:
Originally Posted by Mauser98 View Post
i got 90 days house arrest was on probation but got off in feb the sherrif office sent me the form to see why i was denied my cwp i sent it in to state police and got back a letter saying dui related still denied would a lawyer help in this case

Just judging by the information that you are providing, I am assuming then that you were convicted of a first degree misdemeanor.
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Old May 17th, 2008, 10:33 AM
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Default Re: dui and buying

i believe it was 2degree
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Old May 17th, 2008, 10:45 AM
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Default Re: dui and buying

TjBrando i just looked at my paper work and it is 1 degree
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Old May 17th, 2008, 11:03 AM
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Default Re: dui and buying

Quote:
Originally Posted by Mauser98 View Post
TjBrando i just looked at my paper work and it is 1 degree
Sorry...then you are a prohibited person who cannot possess firearms.

I don't want to tell you what to do if you do currently possess firearms. But if that is the case, then you could get yourself into even more serious trouble if you ever get caught with them.
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Old May 17th, 2008, 11:06 AM
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Default Re: dui and buying

M1 conviction is disqualifying per 18 PACS 6105

6105.1 (below) explains the restoration procedure.



Quote:
6105.1. Restoration of firearm rights for offenses under
prior laws of this Commonwealth.

(a) Restoration.--A person convicted of a disabling offense
may make application to the court of common pleas in the county
where the principal residence of the applicant is situated for
restoration of firearms rights. The court shall grant
restoration of firearms rights after a hearing in open court to
determine whether the requirements of this section have been met
unless:
(1) the applicant has been convicted of any other
offense specified in section 6105(a) or (b) (relating to
persons not to possess, use, manufacture, control, sell or
transfer firearms) or the applicant's conduct meets the
criteria in section 6105(c)(1), (2), (3), (4), (5), (6) or
(7);
(2) the applicant has been convicted of any other crime
punishable by imprisonment exceeding one year as defined in
section 6102 (relating to definitions); or
(3) the applicant's character and reputation is such
that the applicant would be likely to act in a manner
dangerous to public safety.
(b) Notice and standing.--
(1) Notice of an application for restoration of firearms
rights shall be provided to the Pennsylvania State Police,
the district attorney of the county where the disabling
offense occurred and the district attorney of the county
where the application is filed. The district attorney of the
county where the application is filed, the district attorney
of the county where the disabling offense occurred and the
Pennsylvania State Police may, at their option, be parties to
the proceeding.
(2) Notwithstanding paragraph (1), the standing of the
Pennsylvania State Police as a party to a proceeding under
this section shall be limited to determinations of whether
the offense meets the definition of the phrase "disabling
offense" or whether the provisions of subsection (a)(1) and
(2) have been satisfied.
(c) Copy of order to Pennsylvania State Police.--If the
court grants restoration of firearms rights to an applicant, a
copy of the order shall be sent by the prothonotary within ten
days of the entry of the order to the district attorneys and the
Pennsylvania State Police, Firearms Division, and shall include
the name, date of birth and Social Security number of the
applicant.
(d) Expungement and pardon.--A restoration of firearms
rights under this section shall not result in the expungement of
any criminal history record information nor will it constitute a
gubernatorial pardon.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Disabling offense." A conviction for any offense which:
(1) resulted in a Federal firearms disability and is
substantially similar to either an offense currently graded
as a crime punishable by a term of imprisonment for not more
than two years or conduct which no longer constitutes a
violation of law; and
(2) was a violation of either of the following:
(i) the former act of May 1, 1929 (P.L.905, No.403),
known as The Vehicle Code, or the former act of April 29,
1959 (P.L.58, No.32), known as The Vehicle Code; or
(ii) the former act of June 24, 1939 (P.L.872,
No.375), known as the Penal Code.
The definition shall not include any offense which, if committed
under contemporary standards, would constitute a misdemeanor of
the second degree or greater under section 2701 (relating to
simple assault) and was committed by a current or former spouse,
parent or guardian of the victim, by a person with whom the
victim shares a child in common, by a person who is cohabitating
with or has cohabitated with the victim as a spouse, parent or
guardian or by a person similarly situated to a spouse, parent
or guardian of the victim.
"Restoration of firearms rights." Relieving any and all
disabilities with respect to a person's right to own, possess,
use, control, sell, purchase, transfer, manufacture, receive,
ship or transport firearms, including any disabilities imposed
pursuant to this subchapter. The phrase shall also mean the
restoration of the right to vote, to hold public office and to
serve on a jury.
(Dec. 9, 2002, P.L.1391, No.172, eff. imd.)

2002 Amendment. Act 172 added section 6105.1.
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