Question about getting a permit to carry concelled weapon

[Rodriguez1990]

Hello, ok I was wondering if I would get denied for my permit for having a small possession charge of marijuana? I got charge in 2009 in ocean city,md. I was told I would get denied but then some people tell me I can. I'm waiting till the end of the month when I have money to do the app or would it just be a waste of time?

[10PointHunter]

I'm thinking its a no-go.

It will ask on the form if you have ever received a conviction under the Controlled Substance, Drug, Device and Cosmetic Act of 1972, and states that if you have been, it is an automatic disqualification for an LTCF.

[ungawa]

Charged or convicted?

If it was a conviction, check your record and see what the actual conviction was. Although I don't know much about these things, I seem to remember people being OK with summary offenses or convictions that might have been related to a drug related incident but didn't turn out to be actual drug misdemeanors or felonies.

I am not a lawyer. But look up and post the conviction and grading.

[wew3]

I'm thinking its a no-go.

It will ask on the form if you have ever received a conviction under the Controlled Substance, Drug, Device and Cosmetic Act of 1972, and states that if you have been, it is an automatic disqualification for an LTCF.

Here is the question on the application:

33. HAVE YOU EVER BEEN CONVICTED OF ANY DRUG OR CONTROLLED SUBSTANCE OFFENSE UNDER THE ACT OF APRIL 14,1972 (P.L. 233, NO. 64) KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT? (ALL DRUG RELATED CONVICTIONS YES NO
WILL PROHIBIT LICENSING, UNDER SECTION 6109 RELATING TO LICENSES)

Doesn't this specifically refer ONLY to the PA statute? The OP stated that this occurred in MD.

Bill

[10PointHunter]

Here is the question on the application:

33. HAVE YOU EVER BEEN CONVICTED OF ANY DRUG OR CONTROLLED SUBSTANCE OFFENSE UNDER THE ACT OF APRIL 14,1972 (P.L. 233, NO. 64) KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT? (ALL DRUG RELATED CONVICTIONS YES NO
WILL PROHIBIT LICENSING, UNDER SECTION 6109 RELATING TO LICENSES)

Doesn't this specifically refer ONLY to the PA statute? The OP stated that this occurred in MD.

Bill

I didn't think of that, it is a PA Statute, so that probably wouldnt apply. It would come down to what grade of misdemeanor it was I suppose

[customloaded]

Any conviction for a drug charge, any possession charge, any paraphernalia in any state, will prohibit the OP from obtaining a LTCF in the State of PA, PERIOD! Firearm ownership, not a problem but he will be denied in PA for a LTCF.

CL

[knight0334]

The LTCF prohibitor is specific to a PA law, so a conviction with a max of 2 years or less in another state shouldn't be prohibiting.

However, I wouldn't be surprised if the character clause is used.

[PAMedic=F|A=]

It was out of state so no - lTCF is only restricted by PA convictions

However - depending on how closely they check they might deny on "character"

I'd apply and see what happens. If denied - get a lawyer and get the record expunged.

Don't do drugs.

[Rodriguez1990]

Ok thanks for the replys... I guess it couldn't hurt to try... But my next question is for if I were to get dented,

What do the I do then? I seem someone said get a laywer but would getting my Recored expunge work? Or would there still be a chance of getting denyed?

And yea I was very foolish as a teenager and I stopped that shit awhile ago.

Also with me having the drug charge it would prohibit me to go buy a firearm right? I just can't get my ltcp

[Ruined1]

Don't do drugs.

Marijuana is not a drug.

Ok thanks for the replys... I guess it couldn't hurt to try... But my next question is for if I were to get dented,

What do the I do then? I seem someone said get a laywer but would getting my Recored expunge work? Or would there still be a chance of getting denyed?

And yea I was very foolish as a teenager and I stopped that shit awhile ago.

Also with me having the drug charge it would prohibit me to go buy a firearm right? I just can't get my ltcp

Just apply, if you get denied they will tell you and allow you to file a challenge to the denial, at which point then file the challenge and explain that the offense was not under that PA statuette. If that doesn't work, then yes call around to some lawyers and see about getting that conviction removed. If it wasn't a conviction and was a dropped charge, get a copy of the file in the courthouse where you were charged that says all charges were dropped. Speaking from experience here.

If all else fails look for someone on pennswoods.net classifieds or some such selling a pistol that won't make you do it with a check through the sheriff. Then you will legally own a pistol from your "Uncle Shmoe" and open carry that sucker. I bought my SKS that way for home defense while I waited for my Background Check to clear to get my pistol and LTCF. Easy peezy and perfectly legal. Just remember you can NOT carry it loaded in a vehicle without an LTCF so if you ever get pulled over you were either transporting it "to your home", "to your place of business", or a "target range" and make sure the ammo/mags are in a seperate compartment from the firearm itself. Ridiculous you can't get a LTCF or purchase a firearm from a store over a stupid little marijuana charge... Unreal