Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    Feb 2011
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    philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Pa instant check system

    First time dui in pa only carries a max sentence of 6 mnths go get your pistol

  2. #12
    Join Date
    Feb 2011
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    philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Pa instant check system

    Quote Originally Posted by jackandstacey View Post
    (3) A person who has been convicted of driving under the
    influence of alcohol or controlled substance as provided in
    75 Pa.C.S. § 3802 (relating to driving under influence of
    alcohol or controlled substance) or the former 75 Pa.C.S. §
    3731, 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.
    (4) A person who has been adjudicated as an incompetent
    or who has been involuntarily committed to a mental
    institution for inpatient care and treatment under section
    302, 303 or 304 of the provisions of the act of July 9, 1976
    (P.L.817, No.143), known as the Mental Health Procedures Act.
    This paragraph shall not apply to any proceeding under
    section 302 of the Mental Health Procedures Act unless the
    examining physician has issued a certification that inpatient
    care was necessary or that the person was committable.
    if you signed yourself in as you said then it was not involuntary .
    If you were put there against your will then it would be involuntary
    so if what you said is true then that does not apply to you

  3. #13
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    Oct 2008
    Location
    York, Pennsylvania
    (York County)
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    Default Re: Pa instant check system

    I think the key word here is "Felony" You will be asked questions about imprisonment, felony arrest for stalking, abuse, etc. and a lot more but I am pretty sure a DUI will go thru ok. You will never know unless you try.
    Rehab is for quitters!!

  4. #14
    Join Date
    Feb 2011
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    philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Pa instant check system

    First Pennsylvania DUI Offense:





    Pennsylvania Criminal Status: BAC Per Se: Ungraded Misdemeanor; High BAC: Ungraded Misdemeanor; Highest BAC: Ungraded Misdemeanor.

    Jail: BAC Per Se: 6-month maximum sentence;
    High BAC: 48 consecutive hours jail time, 6-month maximum sentence;
    Highest BAC: 72 consecutive hours jail time, 6-month maximum sentence.

    Pennsylvania DUI Fines/Costs:
    BAC Per Se: $300
    High BAC: $500-$5,000
    Highest BAC: $1,000-$5,000

    Pennsylvania License Suspension:
    BAC Per Se: 2 month suspension
    High BAC: 12 month suspension*
    Highest BAC: 12 month suspension*
    *Note: An occupational limited license may be available after serving a 2 month suspension.




    1 DUI is fine
    3 or more is prohibiting

  5. #15
    Join Date
    Jan 2012
    Location
    Norwood, Pennsylvania
    (Delaware County)
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    Default Re: Pa instant check system

    The LTCF app asks:
    ARE YOU NOW CHARGED WITH, OR HAVE YOU EVER BEEN CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR A TERM
    EXCEEDING ONE YEAR? THIS IS THE MAXIMUM SENTENCE THAT YOU “COULD HAVE RECEIVED,” NOT THE ACTUAL SENTENCE YOU
    DID RECEIVE. (THIS DOES NOT INCLUDE FEDERAL OR STATE OFFENSES PERTAINING TO ANTITRUST, UNFAIR TRADE PRACTICES,
    RESTRAINTS OF TRADE, OR REGULATION OF BUSINESS; OR STATE OFFENSES CLASSIFIED AS MISDEMEANORS AND PUNISHABLE BY
    A TERM OF IMPRISONMENT NOT TO EXCEED TWO YEARS.
    )

    and

    HAVE YOU EVER BEEN INVOLUNTARILY COMMITTED TO A HEALTH CARE FACILITY FOR A MENTAL CONDITION

    I've actually had 2 DUIs One in 2002 and one in 2004. Only the 2004 shows up on the search from the link I provided above. It is classified as a M2 so I checked No on the application for that question and No for the other since it was voluntary.

    My concern is that if I am prohibited for some reason, is attempting to purchase a firearm a punishable offense? I don't want to try to buy this weekend, get denied then have the sheriff knocking on my door Monday morning with an arrest warrant.

  6. #16
    Join Date
    Feb 2011
    Location
    philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Pa instant check system

    Quote Originally Posted by jackandstacey View Post
    The LTCF app asks:
    ARE YOU NOW CHARGED WITH, OR HAVE YOU EVER BEEN CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR A TERM
    EXCEEDING ONE YEAR? THIS IS THE MAXIMUM SENTENCE THAT YOU “COULD HAVE RECEIVED,” NOT THE ACTUAL SENTENCE YOU
    DID RECEIVE. (THIS DOES NOT INCLUDE FEDERAL OR STATE OFFENSES PERTAINING TO ANTITRUST, UNFAIR TRADE PRACTICES,
    RESTRAINTS OF TRADE, OR REGULATION OF BUSINESS; OR STATE OFFENSES CLASSIFIED AS MISDEMEANORS AND PUNISHABLE BY
    A TERM OF IMPRISONMENT NOT TO EXCEED TWO YEARS.
    )

    and

    HAVE YOU EVER BEEN INVOLUNTARILY COMMITTED TO A HEALTH CARE FACILITY FOR A MENTAL CONDITION

    I've actually had 2 DUIs One in 2002 and one in 2004. Only the 2004 shows up on the search from the link I provided above. It is classified as a M2 so I checked No on the application for that question and No for the other since it was voluntary.

    My concern is that if I am prohibited for some reason, is attempting to purchase a firearm a punishable offense? I don't want to try to buy this weekend, get denied then have the sheriff knocking on my door Monday morning with an arrest warrant.
    look dude do what you want but your dui offenses only hold a 6 month MAXIMUM sentence

    and you SIGNED YOURSELF IN
    which means you were VOLUNTARILY commited
    if you try to buy a pistol and are denied you go home and file a reversal

  7. #17
    Join Date
    Feb 2011
    Location
    philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Pa instant check system

    Quote Originally Posted by jackandstacey View Post
    The LTCF app asks:
    ARE YOU NOW CHARGED WITH, OR HAVE YOU EVER BEEN CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR A TERM
    EXCEEDING ONE YEAR? THIS IS THE MAXIMUM SENTENCE THAT YOU “COULD HAVE RECEIVED,” NOT THE ACTUAL SENTENCE YOU
    DID RECEIVE. (THIS DOES NOT INCLUDE FEDERAL OR STATE OFFENSES PERTAINING TO ANTITRUST, UNFAIR TRADE PRACTICES,
    RESTRAINTS OF TRADE, OR REGULATION OF BUSINESS; OR STATE OFFENSES CLASSIFIED AS MISDEMEANORS AND PUNISHABLE BY
    A TERM OF IMPRISONMENT NOT TO EXCEED TWO YEARS.
    )

    and

    HAVE YOU EVER BEEN INVOLUNTARILY COMMITTED TO A HEALTH CARE FACILITY FOR A MENTAL CONDITION

    I've actually had 2 DUIs One in 2002 and one in 2004. Only the 2004 shows up on the search from the link I provided above. It is classified as a M2 so I checked No on the application for that question and No for the other since it was voluntary.

    My concern is that if I am prohibited for some reason, is attempting to purchase a firearm a punishable offense? I don't want to try to buy this weekend, get denied then have the sheriff knocking on my door Monday morning with an arrest warrant.
    and i read this as offenses more than one year but not to exceed two

  8. #18
    Join Date
    Feb 2011
    Location
    philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Pa instant check system

    the only way you can get in trouble is if you intentionaly lie
    and stop driving drunk one more and no more gun and the possibility of killing someone is an issue as well

  9. #19
    Join Date
    Mar 2007
    Location
    nretsaehtuos, Pennsylvania
    (Delaware County)
    Age
    65
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    Default Re: Pa instant check system

    Quote Originally Posted by jackandstacey View Post
    ~snip~
    My concern is that if I am prohibited for some reason, is attempting to purchase a firearm a punishable offense? I don't want to try to buy this weekend, get denied then have the sheriff knocking on my door Monday morning with an arrest warrant.
    As far as I know (I'm not a lawyer) no, you can not get in trouble for trying to purchase a gun, you either get approved or denied, as long as you were truthful on the application. Also it is possible to be allowed to buy a gun but fail to get a LTCF as the criteria are slightly different.

    By the way, a few weeks in DELCO is nothing to worry about for the LTCF. I just did a renewal and it took 32 days to get the approval. The first time it took 52.
    .

    .

  10. #20
    Join Date
    Jan 2012
    Location
    Norwood, Pennsylvania
    (Delaware County)
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    Default Re: Pa instant check system

    I get what you're saying. If I thought I was prohibited I wouldn't have put my LTCF application in. I'm just trying to figure out if I can get arrested if I attempt to buy a gun and the PSP say I'm prohibited.

    http://forum.pafoa.org/news-123/1062...g-firearm.html

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