Pennsylvania Firearm Owners Association
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Thread: dui and buying

  1. #1
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    Default dui and buying

    Hi everyone hope someone can help i had 2 dui in pa one about 8years ago and one about 1year ago i was wondering if i can still buy a rifle in pa i was denied my renewal on my cwp though pics but would like to buy a rifle for hunting and target shooting but would like to know if i would pass background check before i go though the embaressment of deniel at the gun shop is there anyway to check if i would pass the check with out trying to buy first thanks.

  2. #2
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    Default Re: dui and buying

    Any felonies or jail time?

  3. #3
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    Default Re: dui and buying

    If you applied for, and were denied renewal for a LTCF because PICS denied you, then you won't pass the purchase check. But how do you know you were denied because of PICS? It could be that whoever your issuing sheriff is, decided your character was questionable because of your multiple DUI convictions. If that's the case, you should still be able to purchase a rifle from an FFL.
    Any mission, any conditions, any foe at any range.
    Twice the mayhem, triple the force.
    Ten times the action, total hardcore.

  4. #4
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    Default Re: dui and buying

    Under the current law if your BAC was .16 or higher for your 2nd DUI, you could be charged with a first degree misdemeanor. If you were convicted of an M1, then you would be a prohibited person.

    Also...could it be that you are currently still on probation?

  5. #5
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    Default Re: dui and buying

    i got 90 days house arrest was on probation but got off in feb the sherrif office sent me the form to see why i was denied my cwp i sent it in to state police and got back a letter saying dui related still denied would a lawyer help in this case

  6. #6
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    Default Re: dui and buying

    Quote Originally Posted by Mauser98 View Post
    i got 90 days house arrest was on probation but got off in feb the sherrif office sent me the form to see why i was denied my cwp i sent it in to state police and got back a letter saying dui related still denied would a lawyer help in this case

    Just judging by the information that you are providing, I am assuming then that you were convicted of a first degree misdemeanor.

  7. #7
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    Default Re: dui and buying

    i believe it was 2degree

  8. #8
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    Default Re: dui and buying

    TjBrando i just looked at my paper work and it is 1 degree

  9. #9
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    Default Re: dui and buying

    Quote Originally Posted by Mauser98 View Post
    TjBrando i just looked at my paper work and it is 1 degree
    Sorry...then you are a prohibited person who cannot possess firearms.

    I don't want to tell you what to do if you do currently possess firearms. But if that is the case, then you could get yourself into even more serious trouble if you ever get caught with them.

  10. #10
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    Default Re: dui and buying

    M1 conviction is disqualifying per 18 PACS 6105

    6105.1 (below) explains the restoration procedure.



    6105.1. Restoration of firearm rights for offenses under
    prior laws of this Commonwealth.

    (a) Restoration.--A person convicted of a disabling offense
    may make application to the court of common pleas in the county
    where the principal residence of the applicant is situated for
    restoration of firearms rights. The court shall grant
    restoration of firearms rights after a hearing in open court to
    determine whether the requirements of this section have been met
    unless:
    (1) the applicant has been convicted of any other
    offense specified in section 6105(a) or (b) (relating to
    persons not to possess, use, manufacture, control, sell or
    transfer firearms) or the applicant's conduct meets the
    criteria in section 6105(c)(1), (2), (3), (4), (5), (6) or
    (7);
    (2) the applicant has been convicted of any other crime
    punishable by imprisonment exceeding one year as defined in
    section 6102 (relating to definitions); or
    (3) the applicant's character and reputation is such
    that the applicant would be likely to act in a manner
    dangerous to public safety.
    (b) Notice and standing.--
    (1) Notice of an application for restoration of firearms
    rights shall be provided to the Pennsylvania State Police,
    the district attorney of the county where the disabling
    offense occurred and the district attorney of the county
    where the application is filed. The district attorney of the
    county where the application is filed, the district attorney
    of the county where the disabling offense occurred and the
    Pennsylvania State Police may, at their option, be parties to
    the proceeding.
    (2) Notwithstanding paragraph (1), the standing of the
    Pennsylvania State Police as a party to a proceeding under
    this section shall be limited to determinations of whether
    the offense meets the definition of the phrase "disabling
    offense" or whether the provisions of subsection (a)(1) and
    (2) have been satisfied.
    (c) Copy of order to Pennsylvania State Police.--If the
    court grants restoration of firearms rights to an applicant, a
    copy of the order shall be sent by the prothonotary within ten
    days of the entry of the order to the district attorneys and the
    Pennsylvania State Police, Firearms Division, and shall include
    the name, date of birth and Social Security number of the
    applicant.
    (d) Expungement and pardon.--A restoration of firearms
    rights under this section shall not result in the expungement of
    any criminal history record information nor will it constitute a
    gubernatorial pardon.
    (e) Definitions.--As used in this section, the following
    words and phrases shall have the meanings given to them in this
    subsection:
    "Disabling offense." A conviction for any offense which:
    (1) resulted in a Federal firearms disability and is
    substantially similar to either an offense currently graded
    as a crime punishable by a term of imprisonment for not more
    than two years or conduct which no longer constitutes a
    violation of law; and
    (2) was a violation of either of the following:
    (i) the former act of May 1, 1929 (P.L.905, No.403),
    known as The Vehicle Code, or the former act of April 29,
    1959 (P.L.58, No.32), known as The Vehicle Code; or
    (ii) the former act of June 24, 1939 (P.L.872,
    No.375), known as the Penal Code.
    The definition shall not include any offense which, if committed
    under contemporary standards, would constitute a misdemeanor of
    the second degree or greater under section 2701 (relating to
    simple assault) and was committed by a current or former spouse,
    parent or guardian of the victim, by a person with whom the
    victim shares a child in common, by a person who is cohabitating
    with or has cohabitated with the victim as a spouse, parent or
    guardian or by a person similarly situated to a spouse, parent
    or guardian of the victim.
    "Restoration of firearms rights." Relieving any and all
    disabilities with respect to a person's right to own, possess,
    use, control, sell, purchase, transfer, manufacture, receive,
    ship or transport firearms, including any disabilities imposed
    pursuant to this subchapter. The phrase shall also mean the
    restoration of the right to vote, to hold public office and to
    serve on a jury.
    (Dec. 9, 2002, P.L.1391, No.172, eff. imd.)

    2002 Amendment. Act 172 added section 6105.1.

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