Ability to own a fire arm

[zeroflat24]

A buddy of mine has had two (2) DUIs, one of which was an accident. He was on house arrest for 30 days but allowed to work. He doesnt want to carry, just go to the range. Anyone know off hand if 2 DUIs is a felony? Or just 1 DUI is a felony?

[knight0334]

A buddy of mine has had two (2) DUIs, one of which was an accident. He was on house arrest for 30 days but allowed to work. He doesnt want to carry, just go to the range. Anyone know off hand if 2 DUIs is a felony? Or just 1 DUI is a felony?

Too many variables.. Have both DUI's occurred since 2003/2004? The law differs from before that point in time.

If either of the DUI's was a 1st Degree Misdemeanor he is prohibited from owning, carrying, possessing, or even touching a handgun, rifle, shotgun, or even ammunition for those guns.

A person doesn't need to be a felon to lose his/her rights. They need only be convicted of a state misdemeanor that has a maximum possible sentence that exceeds 2 years regardless of what the judge actually gave him. PA's M1 has a max possible of 5 years.

Your friend needs to look up his case records to see what he was convicted of before we can give an accurate answer.

[OldSchoolPC]

A buddy of mine has had two (2) DUIs, one of which was an accident. He was on house arrest for 30 days but allowed to work. He doesnt want to carry, just go to the range. Anyone know off hand if 2 DUIs is a felony? Or just 1 DUI is a felony?

He should know. It really depends. Remember, 1st degree misdeameanors are disqualifying too. Keep in mind he is probably on probation so forget about it for now (if it was recent). It depends on his BAC of the 2nd one. Also, whether or not the first was an ARD. Also, circumstances of the accident may come into play if say, he hit somebody.

IANAL.

[jerkin]

Tell your buddy to go here: http://ujsportal.pacourts.us/ then go to docket sheets, pick the applicable court and look up his name for both dui's. He should be able to find the grading for them both there (M1, M2, etc.). That is the best place to start.

[zeroflat24]

Ok so i got a little more info on his background and looked up the court dockets online. It doesnt tell you whether or not he had a "class 1 mis." it just says S and M next to the charges. His first DUI was ARD though.

[OldSchoolPC]

Sounds to me like "M" is ungraded, thus not disqualifying. He should be good to go. HOWEVER, might wanna have him just go ahead and get an LTCF first. He will be eligible for that too.

[zeroflat24]

Sounds to me like "M" is ungraded, thus not disqualifying. He should be good to go. HOWEVER, might wanna have him just go ahead and get an LTCF first. He will be eligible for that too.

Is that the easiest way to check for a background eligibility?

[OldSchoolPC]

Is that the easiest way to check for a background eligibility?

IF and I mean IF the only thing going against him is in fact an ungraded misdemeanor DUI, then he IS eligible. So really Double check that ujsportal site again. Check Magisterial, Appellate, and common please just to make sure. Lord knows they might put shit in the wrong category. Also, he can't be a habitual drug user or have been deemed insane or had been institutionalized against his will (commited) at any point. Also, he can't carry if he's on probation as I mentioned before.

[SigForLife]

It is EXTREMELY rare for the grading to be listed on the docket sheets in relation to DUIs. He should call the Clerk of Courts Office in the county where he was charged and obtain all the documents. The sentencing documents should reflect the grading. Also, he could file a PSP background check. He should NOT apply for an LTCF or attempt to purchase a gun. If he is prohibitive and asserts that he isn't on the forms, he can be charged for making false statements.

[zeroflat24]

It is EXTREMELY rare for the grading to be listed on the docket sheets in relation to DUIs. He should call the Clerk of Courts Office in the county where he was charged and obtain all the documents. The sentencing documents should reflect the grading. Also, he could file a PSP background check. He should NOT apply for an LTCF or attempt to purchase a gun. If he is prohibitive and asserts that he isn't on the forms, he can be charged for making false statements.

Well shit. Thats not good. I can print out the court dockets, but like a said it doesnt mention what the actual charge gradings were except for the M and S listings and one said M3 which i assume is a 3rd degree misd. However that charge was dropped. It was a providing false info charge, because the cop entered his name in the system wrong.