Anyone have experience with a DUI

[Stony]

Howdie all...a "friend" of mine was idiotic enough to get himself a DUI on Memorial Day...Since then he has bought a rifle and a shotgun with no issue
But today He went to his Sheriff's office to renew his permit before the new sheriff gets elected. (He still has 2 years left on his permit)....but when it came to the background check, PICS said "need more research"...
My "friend" is now worried for 2 reasons
1. Will the DUI void his LTCF in PA
2.He has a sweet-ass S&W 442 on its way and wants it in the worst way
and FWIW his BAC was .15% with no other hiccup's..cooperated with arresting officer etc etc...

[Agent Smith]

Is this actually a "friend", or is this you? Hehe, JK.

Why does he want to renew with two years left? It doesn't matter if the new sheriff is anti-gun or not, PA is a shall issue state.

Welcome to the forum by the way.

[HiredGoon]

quote: But today He went to his Sheriff's office to renew his permit before the new sheriff gets elected. (He still has 2 years left on his permit).

He CANNOT renew so early. Can only renew 60 days before expiration.

I've seen this mentioned before elsewhere and here is a quote from the Snyder County PA Sherif's website (I know the OP is not from this county, just using this as an example)
(http://www.snydercounty.org/snyder/c...nyderNav=%7C):
Q: My License expires soon. How soon can I apply for a renewal?
A: You may apply up to two months before the date of expiration of your current License. We, by law, cannot accept applications that are completed more than two months prior to expiration.

[LorDiego01]

Originally Posted by Agent Smith

Is this actually a "friend", or is this you? Hehe, JK.

"Doctor.... my friend........ he has this rash on his pee pee...."

(sorry, I couldnt resist!)

[Stony]

ok guys "my friend" thanks you....as the no go on the renew might be what sent up the flags for "delay" on PICS hopefully...
Well "my friend" was sorta paranoid because in the county directly south of his, its alot tougher to get your LTCF. Must have references, waiting period- jump through a hoop on fire, etc etc
"The friend" feared that the new sheriff might enact new regulations to "keep up with the jones" (indiana co) and just make it a nightmare to get LTCF renewed.
So better safe than sorry....plus he was really bored and figured what the heck.

[knight0334]

I'm gonna have to sorta side with Stony... If he is truly from Jefferson Co, and "my friend" is truly him - then we wouldn't be having this conversation because Jeff. Co. is probably the easiest counties to apply in. ....no hassle, no wait, no questions, no BS.

But seeing how we are questioning such an event, and that I know Indiana can be hardass's at times, I have to assume "my friend" means someone else.

As mentioned above:

1. he/she cant renew so early
2. a sheriff can decline a license if you aren't of good character - which a pending charge for a misdemeanor drunk driving could be construed as. Also for the fact that the if found guilty - the license would be suspended while the person is on probation/parole. ...The Sheriff still has a slight power of discretion.

Also, the Sheriff can't make up any new rules or regulations.. The state totally preempts local governments from enacting laws/regulations concerning firearms or ammunition.

[Stony]

Well probation would come after the ARD (as my friend is told)...completion of that entails an expungement of the record (leaving the DUI only on his driving record for 10 years)
From other people I've talked to, they never said anything about their DUI affecting their ability to carry (only having one DUI)....now for people that are on their 2nd, 3rd or higher DUI- I can't say

[knight0334]

Originally Posted by Stony

Well probation would come after the ARD (as my friend is told)...completion of that entails an expungement of the record (leaving the DUI only on his driving record for 10 years)
From other people I've talked to, they never said anything about their DUI affecting their ability to carry (only having one DUI)....now for people that are on their 2nd, 3rd or higher DUI- I can't say

I've had a DUI and was given an ARD. 3 or more DUI's can and will label you as a habitual drunkard - which would prohibit you from carrying. While on probation, which is part of the ARD - he/she will not be allowed to have weapons of any sort unless so exempted by the court. Some judges will say "except while hunting" etc.. Some PO's will look the other way too if not so exempted so that you can hunt.

The DUI comes off your record sooner than 10 years. Mine was expunged within 3 years from the date of the release from probation. However I was told that it stayed in the DMV records for upto 5 years from the date of the offense. Neither my criminal or DMV records show any sign of the DUI I got stopped for on May 27, 2000. Hell, my insurance company never found out about it at all..

If there are pending charges, the sheriff's discretion of "good character" could come into play.

[NineseveN]

Originally Posted by Stony

Well probation would come after the ARD (as my friend is told)...completion of that entails an expungement of the record (leaving the DUI only on his driving record for 10 years)
From other people I've talked to, they never said anything about their DUI affecting their ability to carry (only having one DUI)....now for people that are on their 2nd, 3rd or higher DUI- I can't say

After having 2 or 3 (or more) DUI's, one can be considered a repeat offender, which in turn would likely be considered a habitual drunkard or "an individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety."


Habitual offenders are defined in the statutes and the term can pertain to all serious traffic offenders, not just repeat drunk drivers.


http://www.legis.state.pa.us/WU01/LI...5.042.000..HTM

§ 1542. Revocation of habitual offender's license.
(a) General rule.--The department shall revoke the operating
privilege of any person found to be a habitual offender pursuant
to the provisions of this section. A "habitual offender" shall
be any person whose driving record, as maintained in the
department, shows that such person has accumulated the requisite
number of convictions for the separate and distinct offenses
described and enumerated in subsection (b) committed after the
effective date of this title and within any period of five years
thereafter.
(b) Offenses enumerated.--Three convictions arising from
separate acts of any one or more of the following offenses
committed by any person shall result in such person being
designated as a habitual offender:
(1) Any violation of Subchapter B of Chapter 37
(relating to serious traffic offenses).
(1.1) Any violation of Chapter 38 (relating to driving
after imbibing alcohol or utilizing drugs) except for
sections 3808(a)(1) and (b) (relating to illegally operating
a motor vehicle not equipped with ignition interlock) and
3809 (relating to restriction on alcoholic beverages).
(1.2) Any violation of section 1543(b)(1.1) (relating to
driving while operating privilege is suspended or revoked).
(2) Any violation of section 3367 (relating to racing on
highways).
(3) Any violation of section 3742 (relating to accidents
involving death or personal injury).
(3.1) Any violation of section 3742.1 (relating to
accidents involving death or personal injury while not
properly licensed).
(4) Any violation of section 3743 (relating to accidents
involving damage to attended vehicle or property).
(c) Accelerative Rehabilitative Disposition as an offense.--
Acceptance of Accelerative Rehabilitative Disposition for any
offense enumerated in subsection (b) shall be considered an
offense for the purposes of this section.
(d) Period of revocation.--The operating privilege of any
person found to be a habitual offender under the provisions of
this section shall be revoked by the department for a period of
five years.
(e) Additional offenses.--Each additional offense committed
within a period of five years, as measured from the date of any
previous offense, shall result in a revocation for an additional
period of two years.
(Dec. 7, 1994, P.L.820, No.115, eff. imd.; Dec. 12, 1994,
P.L.1048, No.143, eff. 9 months; Dec. 21, 1998, P.L.1126,
No.151, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb.
1, 2004)

2003 Amendment. Act 24 amended subsec. (b).
1994 Amendment. Act 143 amended subsecs. (b) and (e).
Cross References. Section 1542 is referred to in sections
1516, 1534, 1541, 1543, 1554, 1575, 1783, 6503.1 of this title;
section 5502 of Title 30 (Fish).

[knight0334]

§ 6105. Persons not to possess, use, manufacture, control, sell or transfer firearms.

(c) Other persons.--In addition to any person who has been convicted of any offense listed under subsection (b), the following persons shall be subject to the prohibition of subsection (a):

3. A person who has been convicted of driving under the influence of alcohol or controlled substance as provided in 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance) on three or more separate occasions within a five-year period. For the purposes of this paragraph only, the prohibition of subsection (a) shall only apply to transfers or purchases of firearms after the third conviction.

here's your damn 10 characters