Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Jul 2011
    Location
    warminster, Pennsylvania
    (Bucks County)
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    Default need help in concealed law

    hey every i got denied for licences to carry cause of a drug charge i had a few years back. now they told me i was still able to buy guns just not carry. i got my challenge letter today but i was told i should get a lawyer to handle it should i or should i handle it myself?

  2. #2
    Join Date
    Feb 2010
    Location
    New Britain Township, Pennsylvania
    (Bucks County)
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    36
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    Default Re: need help in concealed law

    Get a lawyer.

    This is a list of what prohibits getting a LTCF, FWIW

    Quote Originally Posted by 18 Pa.C.S. § 6109: Licenses
    A license shall not be issued to any of the following:
    (i) An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.
    (ii) An individual who has been convicted of an offense under the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act. [FN1]
    (iii) An individual convicted of a crime enumerated in section 6105.
    (iv) An individual who, within the past ten years, has been adjudicated delinquent for a crime enumerated in section 6105 or for an offense under The Controlled Substance, Drug, Device and Cosmetic Act.
    (v) An individual who is not of sound mind or who has ever been committed to a mental institution.
    (vi) An individual who is addicted to or is an unlawful user of marijuana or a stimulant, depressant or narcotic drug.
    (vii) An individual who is a habitual drunkard.
    (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).
    (ix) A resident of another state who does not possess a current license or permit or similar document to carry a firearm issued by that state if a license is provided for by the laws of that state, as published annually in the Federal Register by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury under 18 U.S.C. § 921(a)(19) (relating to definitions).
    (x) An alien who is illegally in the United States.
    (xi) An individual who has been discharged from the armed forces of the United States under dishonorable conditions.
    (xii) An individual who is a fugitive from justice. This subparagraph does not apply to an individual whose fugitive status is based upon nonmoving or moving summary offense under Title 75 (relating to vehicles).
    (xiii) An individual who is otherwise prohibited from possessing, using, manufacturing, controlling, purchasing, selling or transferring a firearm as provided by section 6105.
    (xiv) An individual who is prohibited from possessing or acquiring a firearm under the statutes of the United States.
    Read and understand as much as you can here:

    http://reference.pafoa.org/statutes/...-firearms-act/

  3. #3
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
    Age
    51
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    Default Re: need help in concealed law

    If the drug charge ended with a conviction of a M2 or less(ie M3, summary) you should be able to own guns. But any drug conviction will prohibit you from getting a PA LTCF.

    If convicted your only recourse is a pardon from the Governor, and then an expungement in court afterwards.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  4. #4
    Join Date
    Feb 2010
    Location
    New Britain Township, Pennsylvania
    (Bucks County)
    Age
    36
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    Default Re: need help in concealed law

    Quote Originally Posted by knight0334 View Post
    If the drug charge ended with a conviction of a M2 or less(ie M3, summary) you should be able to own guns. But any drug conviction will prohibit you from getting a PA LTCF.

    If convicted your only recourse is a pardon from the Governor, and then an expungement in court afterwards.
    Is it not possible to get an expungement without a pardon from the Governor?

  5. #5
    Join Date
    Jul 2008
    Location
    Dallas, Pennsylvania
    (Luzerne County)
    Age
    45
    Posts
    1,079
    Rep Power
    1882

    Default Re: need help in concealed law

    Quote Originally Posted by bac0nfat View Post
    Is it not possible to get an expungement without a pardon from the Governor?
    Drug charges that result in an ARD (Accelerated Rehabilitative Disposition) are supposed to be expunged once the program is successfully completed, however the original poster gave no indication that the drug charge resulted in this option.

  6. #6
    Join Date
    Apr 2009
    Location
    SE of Pittsburgh, Pennsylvania
    (Westmoreland County)
    Posts
    637
    Rep Power
    145148

    Default Re: need help in concealed law

    Quote Originally Posted by knight0334 View Post
    If the drug charge ended with a conviction of a M2 or less(ie M3, summary) you should be able to own guns. But any drug conviction will prohibit you from getting a PA LTCF.

    If convicted your only recourse is a pardon from the Governor, and then an expungement in court afterwards.
    ^^^
    this...
    You can only get smarter by playing a smarter opponent

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