restrictions on purchasing/carrying

[skins555]

Hey,

I was told that I would not be able to purchase a firearm because I have a dui on my record as well as a possession of a controlled substance charge. I was convicted of these in 2005 and I'm wondering if this is true or not.

Neither one of these charges is a felony, only a misdemeanor.

I do not have any violent crime convictions or felonies on my record, does anyone know if I can purchase?

[Rule10b5]

Originally Posted by skins555

Hey,

I was told that I would not be able to purchase a firearm because I have a dui on my record as well as a possession of a controlled substance charge. I was convicted of these in 2005 and I'm wondering if this is true or not.

Neither one of these charges is a felony, only a misdemeanor.

I do not have any violent crime convictions or felonies on my record, does anyone know if I can purchase?

Under the limited facts that you state, it is my understanding that you are not a prohibited person per se and should be able to purchase and possess a firearm in Pa. -- simply because DUIs are irrelevant (basically) and the possession charge was only a misdemeanor.

Call the PSP and ask. Or just go to an FFL, explain the situation, fill out the form honestly, and see whether the sale goes through.

Whether you can get a permit to carry is another issue. It is possible, and likely, that you will not be able to get a carry permit without a way to rebut the fact that your possession conviction tends to imply, for legal purposes, that you are not of "good character." No offense intended, I'm just saying that this is how the sheriff considering a carry permit application will look at it. You can always appeal.

[chesire17201]

check the PA UFA,

§ 6109. Licenses.
(e) Issuance of license.--

(1) A license to carry a firearm........ shall not be issued to any of the following:


(viii) An individual who is charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year except as provided for in section 6123 (relating to waiver of disability or pardons).


Which means that if any of you charges carried a penalty that COULD have been more than 1 year in jail, no matter what your sentence actually was, then no, you can not get a PA LTCF and you can not purchase (in Pa), will not pass PICS.