Am I legally allowed to own a gun if...

[Curmudgeon]

It is not my intent to mince words or try to talk around my mistakes, but I was never convicted of drug abuse or possession, only the possession of paraphernalia.

I know several people with DUI's that own guns, so I can't imagine that alone would stop me.

1) Look at the section of law quoted in my post directly above yours.

2) A DUI conviction alone will not prohibit you here either unless that conviction is an M1.

[TurboSE]

Drug convictions do prohibit purchase/possession, but not the way I portrayed it.


PA 18 6105(c)(2) and (3) are probably most relevent here...

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

My conviction under the controlled substances act was only punishable by up to one year.

My DUI, was my first and only ever.

[Curmudgeon]

My conviction under the controlled substances act was only punishable by up to one year.

My DUI, was my first and only ever.

Yes, and you may be OK. That's why I suggested getting a copy of your record and seeing EXACTLY what is there, since that is what the background check is going to go by, even if the record is wrong or contains some error. That way, when you have to answer those questions you will already know what to say.

[TurboSE]

I've blanked anything person, I think...with *'s...but that's what I can find online if it helps.


DISTRICT COURT OF MARYLAND

Case Information

Court System: DISTRICT COURT FOR QUEEN ANNE'S COUNTY - CRIMINAL SYSTEM
Case Number: ********* Tracking No:********
Case Type: CRIMINAL
District Code: 03Location Code:04
Document Type: STATEMENT OF CHARGESIssued Date:05/22/2009
Case Status: CLOSEDCase Disposition:TRIAL
Defendant Information

Defendant Name: *****, ***** *****
Race: WHITE, CAUCASIAN, ASIATIC INDIAN, ARAB
Sex: MHeight:510Weight:165DOB:**/**/****
Address: **** ***** AVE.
City: ***** State:PA Zip Code:17331 - 0000
Charge and Disposition Information

(Each Charge is listed separately. The disposition is listed below the Charge)
Charge No: 001Description:CDS:POSSESS-NOT MARIHUANA
Statute: CR.5.601.(a)(1)Description:CDS:POSSESS-NOT MARIHUANA
Amended Date: CJIS Code:4 3550MO/PLL:Probable Cause:X
Incident Date From: 05/22/2009 To: 05/22/2009 Victim Age:
Disposition

Plea: OTHER PLEA
Disposition: NOLLE PROSEQUIDisposition Date:08/20/2009
Fine:$0.00Court Costs:$0.00CICF:$0.00
Amt Suspended: Fine:$0.00Court Costs:$0.00CICF:$0.00
PBJ EndDate: Probation End Date:Restitution Amount:$0.00
Jail Term: Yrs:Mosays:
Suspended Term: Yrs:Mosays:
Credit Time Served:
Charge No: 002Description:CDS:POSS PARAPHERNALIA
Statute: CR.5.619.(c)(1)Description:CDS:POSS PARAPHERNALIA
Amended Date: CJIS Code:5 3550MO/PLL:Probable Cause:X
Incident Date From: 05/22/2009 To: 05/22/2009 Victim Age:
Disposition

Plea: GUILTY
Disposition: GUILTYDisposition Date:08/20/2009
Fine:$300.00Court Costs:$22.50CICF:$35.00
Amt Suspended: Fine:$0.00Court Costs:$0.00CICF:$0.00
PBJ EndDate: Probation End Date:Restitution Amount:$0.00
Jail Term: Yrs:Mosays:
Suspended Term: Yrs:Mosays:
Credit Time Served:
Related Person Information

(Each Person related to the case other than the Defendant is shown)
Name: ****, OFFICER
Connection:COMPLAINANT/POLICE OFFICER
Agency Code: MDTAAgency Sub-Code:LMBOfficer ID:1242
Name:THOMPSON, BRIAN G
Connection:PRIVATE ATTORNEY FOR DEFENSE
Address: 201 N CHARLES STREET, STE 2600
City: BALTIMOREState:MDZip Code:21201 - 0000
Event History Information

Event Date Comment
DOCI 05/22/2009 SC ISSUED 090522
INIT 05/22/2009 090522;00000000.00;ROR ;100; ;3104

This is an electronic case record. Full case information cannot be made available either because of legal restrictions on access to case records found in Maryland rules 16-1001 through 16-1011, or because of the practical difficulties inherent in reducing a case record into an electronic format.

[Curmudgeon]

The DUI carried a maximum of 1 year and the paraphernalia was the same.

Is there anyway I could go through the check ahead of time, just to find out the results?

Well, there's PATCH (PA Access To Criminal History) but it takes time and I have heard it does not always show everything that your firearm purchase check shows, but I have no personal experience with it.

https://epatch.state.pa.us/Home.jsp

[18mm]

Drug convictions affect LTCF eligibility, but not the ability to own firearms.

Find out exactly what statute(s) you were convicted of.
From there, research what the maximum penalty for that statute was at the time of conviction.

</notalawyer>

NOT!!!!

In a closed door session back in October, Obama signed into law that possession and use of a controlled substance including a DUI conviction prevents firearm ownership, purchase and possession. Attempting to purchase one when you're not legally allowed to own one is a first degree felony. Turbo, since your case was adjudicated in 2009, you might be legally allowed to own one but id write the state police. Another thing you can do is explain all this to a gunshop owner and have him do a background check. I saw your zipcode and whatever you do, don't go to Sells. Maybe the Powder Horn or Reddings.

[Curmudgeon]

NOT!!!!

In a closed door session back in October, Obama signed into law that possession and use of a controlled substance including a DUI conviction prevents firearm ownership, purchase and possession.

Cite / source?

[medsteele]

NOT!!!!

In a closed door session back in October, Obama signed into law that possession and use of a controlled substance including a DUI conviction prevents firearm ownership, purchase and possession. Attempting to purchase one when you're not legally allowed to own one is a first degree felony.

I would also like some verification on this. First time I've heard of it.

[TurboSE]

I would also like some verification on this. First time I've heard of it.

Not an expert, but I can't find it either.

[Curmudgeon]

I've blanked anything person, I think...with *'s...but that's what I can find online if it helps.


DISTRICT COURT OF MARYLAND

Case Information

Court System: DISTRICT COURT FOR QUEEN ANNE'S COUNTY - CRIMINAL SYSTEM
Case Number: ********* Tracking No:********
Case Type: CRIMINAL
District Code: 03Location Code:04
Document Type: STATEMENT OF CHARGESIssued Date:05/22/2009
Case Status: CLOSEDCase Disposition:TRIAL
Defendant Information

Defendant Name: *****, ***** *****
Race: WHITE, CAUCASIAN, ASIATIC INDIAN, ARAB
Sex: MHeight:510Weight:165DOB:**/**/****
Address: **** ***** AVE.
City: ***** State:PA Zip Code:17331 - 0000
Charge and Disposition Information

(Each Charge is listed separately. The disposition is listed below the Charge)
Charge No: 001Description:CDS:POSSESS-NOT MARIHUANA
Statute: CR.5.601.(a)(1)Description:CDS:POSSESS-NOT MARIHUANA
Amended Date: CJIS Code:4 3550MO/PLL:Probable Cause:X
Incident Date From: 05/22/2009 To: 05/22/2009 Victim Age:
Disposition

Plea: OTHER PLEA
Disposition: NOLLE PROSEQUIDisposition Date:08/20/2009
Fine:$0.00Court Costs:$0.00CICF:$0.00
Amt Suspended: Fine:$0.00Court Costs:$0.00CICF:$0.00
PBJ EndDate: Probation End Date:Restitution Amount:$0.00
Jail Term: Yrs:Mosays:
Suspended Term: Yrs:Mosays:
Credit Time Served:
Charge No: 002Description:CDS:POSS PARAPHERNALIA
Statute: CR.5.619.(c)(1)Description:CDS:POSS PARAPHERNALIA
Amended Date: CJIS Code:5 3550MO/PLL:Probable Cause:X
Incident Date From: 05/22/2009 To: 05/22/2009 Victim Age:
Disposition

Plea: GUILTY
Disposition: GUILTYDisposition Date:08/20/2009
Fine:$300.00Court Costs:$22.50CICF:$35.00
Amt Suspended: Fine:$0.00Court Costs:$0.00CICF:$0.00
PBJ EndDate: Probation End Date:Restitution Amount:$0.00
Jail Term: Yrs:Mosays:
Suspended Term: Yrs:Mosays:
Credit Time Served:
Related Person Information

(Each Person related to the case other than the Defendant is shown)
Name: ****, OFFICER
Connection:COMPLAINANT/POLICE OFFICER
Agency Code: MDTAAgency Sub-Code:LMBOfficer ID:1242
Name:THOMPSON, BRIAN G
Connection:PRIVATE ATTORNEY FOR DEFENSE
Address: 201 N CHARLES STREET, STE 2600
City: BALTIMOREState:MDZip Code:21201 - 0000
Event History Information

Event Date Comment
DOCI 05/22/2009 SC ISSUED 090522
INIT 05/22/2009 090522;00000000.00;ROR ;100; ;3104

This is an electronic case record. Full case information cannot be made available either because of legal restrictions on access to case records found in Maryland rules 16-1001 through 16-1011, or because of the practical difficulties inherent in reducing a case record into an electronic format.

I'm the last one to be reading through that and attempting an answer, but it certainly seems to support what you said in your OP. What's missing for me is an obvious statement about the level of conviction, M1, M2, M3, etc. It is predictable that Maryland's coding systems differ from Pennsylvania's and this might hold up their research. At the very least you could be delayed as the check gets put into "research" so they can look into it further.

MD has a delay built-in, for handguns anyway, but PA is instant. Anything other that a 100% OK means you likely won't be going home with your purchases that same day.

As I said earlier, at least you know how to answer the questions on the forms.