Pennsylvania Firearm Owners Association
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  1. #1
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    Default Full NYS Carry/No PA

    I'm a NYS resident and have a no restrictions carry permit for NYS (excluding NYC) so I now want to get my PA permit. Well I was going over the application and came to the question which says "AS PROVIDED IN 18 PA.C.S. § 6109(e)(1)(II), ANY
    PENNSYLVANIA DRUG CONVICTION UNDER THE CSDDCA IS PROHIBITING FOR A LICENSE TO CARRY"

    In 1996 I was arrested (in NY) and one of the charges was an unlawful possession of marijuana which is a violation (equivalent of a parking ticket). I just got off the phone with Pike County and because of that one drug charte I can't get a permit. I was hoping that since it was not a PA Drug Conviction I would be ok but apparently not.

    I though PA was to be easier than NY, I'm very disappointed about this. I make one mistake in when I was 19 now I have to pay the rest of my life? Since the new SAFE laws I've been wanting to get out of state, I guess PA is no longer an option.

  2. #2
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    Default Re: Full NYS Carry/No PA

    well you can car carry with your NY license and then OC on foot..

  3. #3
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    Default Re: Full NYS Carry/No PA

    You need to talk to a lawyer. We have one here that may be able to shed some light on the subject. Stick around.

  4. #4
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    Default Re: Full NYS Carry/No PA

    Thanks, I just did a PATCH Check and it came back with "No Record", not sure if this is good enough or if they do more checking.

    Carrying on foot might be ok if I wanted to stay out of state, but I really want to get out of NY and open carry in PA won't cut it for me.

  5. #5
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    Default Re: Full NYS Carry/No PA

    I find it hard to believe NY didn't hold that against you.

    Unfortunately any drug conviction will prohibit you from obtaining a Pa LTCF.
    You could obtain a non res AZ permit, but be forewarned we have a new gun hating AG that just re wrote the agreement with FL to deny non resident carry with Fl, so I suspect other agreements will soon go the same way.

    I don't believe you have much recourse in Pa with your drug conviction unless you can somehow get the record expunged in NY.
    FUCK BIDEN

  6. #6
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    Default Re: Full NYS Carry/No PA

    I don't know why you would ask a cop about laws rather than a lawyer, but that's water over the dam. However, laws are written in words, and words have meaning. If the law specifically says that "Pennsylvania" drug convictions are disqualifiers, then a NY drug infraction did not take place in PA and should not be a consideration.

    IMHO you have two choices: (1) Check with a qualified PA attorney (such as GunLawyer, who is a member of this forum); or (2) Go ahead and apply through a different county than the one you called. Don't even mention the NY case unless there's a specific question that is NOT limited to PA. If they don't ask, it's not a lie to not bring it up.

    Here's what the law actually says:

    (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:
    (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.
    On the basis of what the law actually says, it looks to me (non-lawyer) like you should be okay.
    Last edited by Greywolf; February 11th, 2013 at 11:36 AM.

  7. #7
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    Default Re: Full NYS Carry/No PA

    Some of the offenses have a time period. I mean to say the after say five years or so and no more trouble you may not be restricted. A gun laws lawyer is your safest bet, maybe it can be expunged from the books.

  8. #8
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    Default Re: Full NYS Carry/No PA

    Thanks everyone looks like I'll have to contact a lawyer. NY didn't hold it against me at all, a UPM is just a violation which is the equivalent of a traffic ticket. It was also almost 20 years ago. Unfortunately NY won't expunge this, though it can be sealed (not sure how good that will be).

    Believe me I didn't want to call the Sheriff to ask about this and bring attention to myself but since they are the one approving I though they would know, though she did hesitate a little in answering when I said I wasn't convicted under PA law. I also read an article where someone got prosecuted for answering NO to that question (didn't say Penn law at the time this is new in 2012) though the case was dropped.

    She also said that they just denied a renewal (renewal?? how did this person even get a permit) for someone who had a drug arrest in 1972 though they are a PA citizen.

    It's just very surprising to me that in NY this isn't an issue where it is in PA, though I guess I'll have to contact a lawyer to be 100% sure.

  9. #9
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    Default Re: Full NYS Carry/No PA

    I'm not a lawyer, but my personal opinion is that you aren't prohibited under that clause since that is PA's law, and you were convicted under a NY law. ...and that 6109 doesn't make a reference to anything like "or under similar laws of any other state".

    However, that wouldn't prohibit the sheriff from denying you under the character clause because of your NY offense.

    You can try to appeal the Pike County Sheriff decision or wait a year and try a more friendly and more understanding sheriff.
    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!

  10. #10
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    Default Re: Full NYS Carry/No PA

    Unless you guys have it sorted out, it depends upon the offense. It sounds like you had the NY equivalent of a Summary Offense and my spidey senses are tingling - I think you might be OK even though it involved pot. But I don't know. Call a PA lawyer. Start with Gunlawer001 here on the forum. He'll probably give you an idea on what you might be facing.

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