Can I Get an LTCF

[RockNRolla]

I was wondering, since I was reading the laws, but I don't fully understand. I know that anyone that anwsers is not held responsible or stating facts, but any help would be great. When I was 19 I was charged with a possesion of pot, a misde. just probation, will this stop me from being able to (a) buy a firearm for the range and (b) stop me from getting a LTCF? My dad and I going shooting at the range often and he also has his LTCF. I figured since I have been doing well in college, that I would get myself a nice gift ( Dan Wesson 715). My dad has a nice .357 colt, among others, a very heavy gun, I love it. Any advice you can offer would be amazing, thank you.

[Totez]

The 4473 form specifically states that you must be an unlawful user or addicted to any illegal substance. As you stated you were charged years ago with misdemeanor possession of MJ which you have served your time (Probation) and you did not commit a felony so you should be good to go.

Either way you can go try and buy one at your local dealer and if you get denied you get denied. However, I wouldn't think that for a misdemeanor crime committed years in the past that you would still be in any legal hot water as far as purchasing a firearm.
That said, your local PD will list that on your Police Check Card most likely and so the Sheriff will know that you had that on your record. You SHOULD still be able to get your LTCF anyway as the Sheriff would need to prove you are addicted to drugs still to have cause to deny you. A prior offense with that much time passed shouldn't have any legal bearing at this point but as always:


IANAL!

Plus I could be completely wrong as far as the LTCF. If so, someone correct me and stop me from giving horrible information!

[IronSight]

Either way you can go try and buy one at your local dealer and if you get denied you get denied.

No, just no.

OP, consult a real lawyer before trying to purchase a firearm OR applying for an LTCF. Totez your county is the ONLY COUNTY IN PENNSYLVANIA that mandates getting a police "check card" before applying for an LTCF. That check card isn't even a requirement set in law either.

OP, you need to know exactly what charge you were convicted of and then figure out whether or not it is prohibiting. Applying for a license or attempting to purchase is NOT the way to figure that out.

You do NOT want to lie on a 4473, even unknowingly.

No I'm not a lawyer, OP go talk to one.

[DonM55]

The LTCF may be a problem. From the application:

"All drug related convictions will prohibit licensing, (under section 6109 relating to licenses)"

[Storm88000]

The LTCF may be a problem. From the application:

"All drug related convictions will prohibit licensing, (under section 6109 relating to licenses)"

OP said he was 19 when convicted, we need to know how old he is currently. If it was a couple of years ago, it's unlikely he'll be approved - but if it's 10+ years it's more likely

[thundrr1]

If's it's was an M1,,,, can he even touch a gun?

OP, you need to dig out the records you have and take them to a lawyer.

[mollymayhem82]

Either way you can go try and buy one at your local dealer and if you get denied you get denied. However, I wouldn't think that for a misdemeanor crime committed years in the past that you would still be in any legal hot water as far as purchasing a firearm.

Are you trying to get him arrested?

[jshwak]

The 4473 form specifically states that you must be an unlawful user or addicted to any illegal substance. As you stated you were charged years ago with misdemeanor possession of MJ which you have served your time (Probation) and you did not commit a felony so you should be good to go.

Either way you can go try and buy one at your local dealer and if you get denied you get denied. However, I wouldn't think that for a misdemeanor crime committed years in the past that you would still be in any legal hot water as far as purchasing a firearm.
That said, your local PD will list that on your Police Check Card most likely and so the Sheriff will know that you had that on your record. You SHOULD still be able to get your LTCF anyway as the Sheriff would need to prove you are addicted to drugs still to have cause to deny you. A prior offense with that much time passed shouldn't have any legal bearing at this point but as always:


IANAL!

Plus I could be completely wrong as far as the LTCF. If so, someone correct me and stop me from giving horrible information!

I'm sorry bro but I had to Neg rep you on the above post.. that was terrible advice to give somebody. I could think of no better way to get him into more trouble than suggesting that he just give it a shot and see what happens. You do know that lying on the 4473 would be a bad thing !!

[Totez]

Q: What should an FFL tell a transferee who is denied by NICS?

The FFL should inform the transferee that the NICS check indicates that the transfer of the firearm should not be made, but that it does not provide a reason for the denial. The FFL should provide the transferee with the NICS or State transaction number and an appeals brochure. The FBI has provided FFLs with brochures that outline the transferee’s appeal rights and responsibilities. If you do not have any, the FBI can provide them.

Q: If a transferee receives a “denied” response from NICS, can the transferee find out why he or she was denied?

Yes. Although the FFL will not know the reason for the denial, the transferee may contact the FBI or the State point of contact in writing to request the reason for denial.

The above is a quote directly from the ATF.gov website. This is what I went on. I also looked at the PA laws on the matter and saw nothing within his post as pertains to PA law that would prohibit him.

As I said, if wrong please correct me.

mollymayhem82
Quote:
Originally Posted by Totez View Post
Either way you can go try and buy one at your local dealer and if you get denied you get denied. However, I wouldn't think that for a misdemeanor crime committed years in the past that you would still be in any legal hot water as far as purchasing a firearm.
Are you trying to get him arrested?

Misquoted. You added the smiley where it was not to make my post seem worse than it was (admittedly it seems flawed.)

I thank you all for correcting my information. I went with what seemed to be the case from what I could tell. Common sense interpretation of the law must have got in my way.

I'm not too big a man to admit I made a mistake.

[reverserboy]

AFAIK.....any drug conviction where there's no ARD or similar outcome (other states have different names) or pardon/expungment will mean no LTCF.

Trying to buy a gun to see if a person is prohibited is a no no. Putting false info on the paperwork is in itself a crime. As another member has put it.....it's like looking for a gas leak with a lighter. It's alarming how often I hear this advice given.

I'm not too big a man to admit I made a mistake.

OK. When the topic comes up in the future....you can now give someone better advice. Pass this along.