Pennsylvania Firearm Owners Association
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  1. #1
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    Default Getting permit but arrested in NJ

    Back in 2007 I was arrested for drug passion in NJ and I was at that time a NJ resident. It was for recreational use for New Years eve. I never made the party that night of course and learned a hard lesson.

    Long story short, I never did any jail time for it in NJ and that's the only legal incident I have ever had. I just received one year probation which came and went without incident for it. 2008 I moved to PA. I went to buy a firearm from a dealer in PA and I passed the back round check about 7 or 8 times here since 2008-2014 in PA with no problems being able to purchase a firearm here.

    The question is can I obtain a gun carry permit here in PA? Is there a difference that I have always passed the back round check at a dealer compared to a back round check at a Sheriffs department? Will I pass to get a carry permit? Please no opinions, I only want the law and facts as answers. I looked up the law here and from what I read I should no problem but I want to make sure as best as possible. Thanks in advance.

  2. #2
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    Default Re: Getting permit but arrested in NJ

    For a LTCF (carry permit), the requirement is almost the same as the requirements to get a firearm. However if you are convicted for a drug offense under PA's laws, you cannot get a LTCF.

    Whether or not a conviction for a drug offense in NJ carries over in this regard, I don't know.

    In your situation, I would hire an attorney who deals in this type of law for an hour or so to get them to go over your situation and let you know if you qualify. Gunlawyer001 here just such an attorney.

    Good luck.

  3. #3
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    Default Re: Getting permit but arrested in NJ

    I cant answer 100% but from what I've been told you can pass the background check to purchase a firearm but be denied a carry permit but I'm not 100% cause it was NJ not PA
    You could always just call the sheriff's department and ask too

  4. #4
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    Default Re: Getting permit but arrested in NJ

    It's important that he contact a lawyer first before filling out and submitting a LTCF application.

  5. #5
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    Upper Darby, Pennsylvania
    (Delaware County)
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    Default Re: Getting permit but arrested in NJ

    Quote Originally Posted by HiredGoon View Post
    It's important that he contact a lawyer first before filling out and submitting a LTCF application.
    Read this. Then read it again. Now read it once more. Got it? Good.

    Sgt.K

    P.S. - Read it again for good measure.

  6. #6
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    Default Re: Getting permit but arrested in NJ

    Quote Originally Posted by kman25 View Post
    I cant answer 100% but from what I've been told you can pass the background check to purchase a firearm but be denied a carry permit but I'm not 100% cause it was NJ not PA
    You could always just call the sheriff's department and ask too
    Quote Originally Posted by t1066 View Post
    For a LTCF (carry permit), the requirement is almost the same as the requirements to get a firearm. However if you are convicted for a drug offense under PA's laws, you cannot get a LTCF.

    Whether or not a conviction for a drug offense in NJ carries over in this regard, I don't know.

    In your situation, I would hire an attorney who deals in this type of law for an hour or so to get them to go over your situation and let you know if you qualify. Gunlawyer001 here just such an attorney.

    Good luck.
    Quote Originally Posted by HiredGoon View Post
    It's important that he contact a lawyer first before filling out and submitting a LTCF application.
    ^^^^ THESE

    In addition you need to clarify with a lawyer if you are already in legal jeopardy when you answered "NO" on the SP4-113 and/or 4473:





    The fact that your conviction does not show up on the PICS check does not, in and of itself, justify a "NO" answer on the forms (assuming that the conviction otherwise qualifies for a "YES").
    Attached Images Attached Images
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    IANAL

  7. #7
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    Default Re: Getting permit but arrested in NJ

    Ok. Thanks for the info. I will contact a lawyer then before doing anything stupid.

    I got something called PTI in NJ for the charge. PTI=Pre Trial Intervention Program. It basically gives you a one time get out of jail card. That and my extremely expensive lawyer at that time. Judge gave me 1 year probation which as said came and went without incident.

    PTI is as follows:

    What is the Pretrial Intervention Program (PTI)?

    The Pretrial Intervention Program (PTI) provides defendants, generally first-time offenders, with opportunities for alternatives to the traditional criminal justice process of ordinary prosecution. PTI seeks to render early rehabilitative services, when such services can reasonably be expected to deter future criminal behavior. The PTI program is based on a rehabilitative model that recognizes that there may be an apparent causal connection between the offense charged and the rehabilitative needs of a defendant. Further, the rehabilitative model emphasizes that social, cultural, and economic conditions often result in a defendant's decision to commit crime.

    Simply stated, PTI strives to solve personal problems which tend to result from the conditions that appear to cause crime, and ultimately, to deter future criminal or disorderly behavior by a defendant.

    What Are The Benefits of the Pretrial Intervention Program (PTI)?
    ◾If PTI is successfully completed, there is no record of conviction and the defendant avoids the stigma of a criminal record.
    ◾Early intervention allows rehabilitative services to be provided soon after the alleged offense, in an attempt to correct the behavior that led to the offense.
    ◾Many of the costs associated with the formal court process are eliminated through acceptance into PTI.
    ◾PTI provides early resolution of a case which serves the interests of the victim, the public and the defendant.
    ◾PTI reduces the burden on the court and allows resources to be devoted to more serious criminals.

  8. #8
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    Default Re: Getting permit but arrested in NJ

    Basically the same as Penna's ARD (accelerated rehabilitating disposition) and as such you should be able to have it expunged. Assuming successful expungement, the question becomes can you legally state NO to the Have You Ever question. Enter attorney's opinion or interpretation of law. Hopefully you can get more than legal opinion...ie case precedent of judicial decree.

  9. #9
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    Pittsburgh (Allison Park), Pennsylvania
    (Allegheny County)
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    Default Re: Getting permit but arrested in NJ

    The question you should now be asking is who is a reliable lawyer in my area to fully answer my question.
    Diligentia Vis Celeritas
    "No, it's just a machine. I'm the weapon." - Jack Harper in Oblivion

  10. #10
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    May 2010
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    Freemansburg, Pennsylvania
    (Northampton County)
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    Default Re: Getting permit but arrested in NJ

    Check with a lawyer first but I will say that if you successfully completed PTI then I would bet you'll be ok.

    I went through ARD here for the same thing many years ago.
    I have my LTCF and did not have to fight for it.

    Remember to get sound sound legal advice first to clarify on your charges and result.

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