DUI for the 60's and CCW Permit
A friend of mine is currently 70 years old. He had a DUI when he was 21 back in 1962 I believe. I'm not sure what the grading of the offense was back then. He previously had a CCW permit until 2006. He applied for a renewal then and was denied. The sheriff stated it was the the 44 year old DUI that was the reason. Did something change in the law around that period? He is a retired paramedic with no crimes since the DUI.
Any input would be appreciated.
Re: DUI for the 60's and CCW Permit
That I'm aware of, nothing has changed. Something is rotten in Denmark. He has 30 days to appeal the rejection.
Re: DUI for the 60's and CCW Permit
DUI offense does not fall into the denial category AFAIK. I had one in 1980 and have not been denied. He should appeal asap, as would I if it ever came to that.
Good luck to him.
Re: DUI for the 60's and CCW Permit
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Originally Posted by
n1fhpa
DUI offense does not fall into the denial category AFAIK. I had one in 1980 and have not been denied. He should appeal asap, as would I if it ever came to that.
Good luck to him.
They can be prohibiting though via a max penalty over 2 years on certain charges. (3) in 5 years time will prohibit you. Also, a single DUI can prohibit you if it involved certain circumstances. The present, and just prior DUI laws are slightly different from the DUI laws of the 60's and maybe the 70's. I think the possible sentence was harsher back in the 60's/70's.
I think GunLawyer001 had posted the DUI laws of that era once.
Re: DUI for the 60's and CCW Permit
I had a DUI in '94 and even renewed my LTCF while on my probation.
Re: DUI for the 60's and CCW Permit
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Originally Posted by
hooknladder
He had a DUI when he was 21 back in 1962 I believe.
Worth a read:
http://forum.pafoa.org/pennsylvania-...years-ago.html
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I'm not sure what the grading of the offense was back then.
Potential grade really doesn't matter as much as the actual grade, regardless of legality, that the PSP sees during the PICS check, unless it is not the PSP who was the cause of the denial.
If the conviction is from a PA court, friend should consider running a PSP epatch check on himself to discover what the PSP/sheriff is looking at.
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He previously had a CCW permit until 2006. He applied for a renewal then and was denied. The sheriff stated it was the the 44 year old DUI that was the reason.
Since PICS is not allowed to give out information that is the foundation for a denial or research, either a PICS operator breached his duty or the sheriff has taken it upon himself to deny for the DUI. Please reconsult the letter of denial.
The current understanding is that a person denied probably has 30 days from denial to challenge it in the court of common pleas.
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A friend of mine is currently 70 years old.
18 Pa.C.S. 9122:
(b) Generally.--Criminal history record information may be expunged when:
(1) An individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision.
Re: DUI for the 60's and CCW Permit
Quote:
Originally Posted by
knight0334
They can be prohibiting though via a max penalty over 2 years on certain charges. (3) in 5 years time will prohibit you. Also, a single DUI can prohibit you if it involved certain circumstances. The present, and just prior DUI laws are slightly different from the DUI laws of the 60's and maybe the 70's. I think the possible sentence was harsher back in the 60's/70's.
I think GunLawyer001 had posted the DUI laws of that era once.
Good point. He should look up the docket.
Use:
http://ujsportal.pacourts.us/DocketSheets/CP.aspx
Do a party search and enter the criteria.
Re: DUI for the 60's and CCW Permit
Quote:
Originally Posted by
n1fhpa
Few counties have data from 1962 available through UJSPORTAL. See http://ujsportal.pacourts.us/RefDocu...MSCaseLoad.pdf
Re: DUI for the 60's and CCW Permit
Thank you everyone for the info. I emailed this page to him and he is going to review it.