PICS appeal

[mike74]

I recently purchased a small handgun with the intention of getting a concealed carry permit. However I have been denied due to two misdemeanor (marijuana) posession charges from 1997. I realize these were mistakes I made a long time ago and I am in a very different place in my life now, is there any hope for appealing it or ever being able to get my denial overturned? Thanks

[knight0334]

Any drug offense, no matter how great or how small, will prohibit you from getting a LTCF. Your only recourse is a pardon, the followed up with an expungement.

18 Pa.C.S. § 6109: Licenses

(e) Issuance of license.--
(1) A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle and shall be issued if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license. A license shall not be issued to any of the following:

(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]

[firebird.77]

You weren't denied a purchase through PICS, so the process is more complicated than simply disputing it. Others (Gunlawyer) can chime in with more detail however I am fairly certain that you will need your record expunged in order to be eligible for a LTCF. ANY drug offense is a prohibiting offense for a LTCF even if you are allowed to purchase firearms.

[SteveinNEPA]

Drug conviction means a NO on the LTCF. As others have said, contact a lawyer because you need a pardon and/or get it expunged.

[mike74]

Thanks for the info. Unfortunately it sounds unanimous...anyone know of a lawyer that would be helpful for this in the Harrisburg/Lancaster PA area?

[GunLawyer001]

Thanks for the info. Unfortunately it sounds unanimous...anyone know of a lawyer that would be helpful for this in the Harrisburg/Lancaster PA area?

All pardons end up in Harrisburg, so you could seek help even from an attorney in, for example, Bucks county......

[usafammo]

Any drug offense, no matter how great or how small, will prohibit you from getting a LTCF. Your only recourse is a pardon, the followed up with an expungement.

I see something about juvenile delinquency. Can someone be denied for being arrested as a minor? In this case say a marijuana charge.

[Kchristy]

I see something about juvenile delinquency. Can someone be denied for being arrested as a minor? In this case say a marijuana charge.

Yes.

They denied me my renewal LTCF (after having one for 10 years) because they discovered that a private criminal complaint had been filed on me when I was 10. Apparently I stole a piece of fruit from my neighbor's yard. I never even knew about it! I appealed and won, but that wasn't drugs.

[knight0334]

I see something about juvenile delinquency. Can someone be denied for being arrested as a minor? In this case say a marijuana charge.

I'm not a lawyer, but - yes, I believe so.

The manner of adjudication can prohibit you. Some offenses get sealed/expunged when you turn 18, some don't. If adjudicated delinquent, I think there is a 10 year period from the date of conviction that it still reflects upon your records.

Also, if adjudicated as an adult - it stays on your record.

...I think. I cant quite remember the juvenile aspect.

One of the lawyers would likely explain that better.

[Kabloosh]

Yes.

They denied me my renewal LTCF (after having one for 10 years) because they discovered that a private criminal complaint had been filed on me when I was 10. Apparently I stole a piece of fruit from my neighbor's yard. I never even knew about it! I appealed and won, but that wasn't drugs.

Ha. Thats just silly.
Things that "should" matter are convictions/adjudication(for juvenile convictions) since those are what actually makes you guilty of an offense. Anyone can get arrested. I could get arrested and booked because someone that looks like me was wanted and the police later find out I'm not their guy. Authorities don't always follow the rules though.