Possession of Paraphernalia

[mceresa22]

I was convicted of possession of paraphernalia in 2011 in Maryland. Will I be denied license to carry?

[Daycrawler]

Possibly, you could be denied under the character clause.

[God's Country]

Any drug related conviction is a prohibition for a LTCF.


Not necessarily to own a firearm.

[SigForLife]

Any drug related conviction is a prohibition for a LTCF

Not exactly. Look at the actual statutory prohibition

[God's Country]

Not exactly. Look at the actual statutory prohibition

(e) Issuance of license.¬
A license shall not be issued to any of the following:
(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.

Unless the MD conviction doesn't matter.

I see the older sp 4-127 states all drug related convictions are prohibitory

A newer version states only Pa convictions.

So I don't know what gives.

[mceresa22]

I can buy firearms I already do. I thoroughly read the controlled substance, drug, device & cosmetic act I believe it does prohibit me from getting a LTCF. Would anyone happen to know if I can apply after a certain amount of years or if I get my record expunged?

[bripro]

As far as I know, if you get your record expunged then yes you can apply but IANAL. I do have a friend though that was denied for a similar situation in New York many years ago. I know he went to the Pa state police and did something or other and the denial was eventually overturned.

[GunLawyer001]

Generally speaking, you can't get an LTCF if you are:

"(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."
or
"(vi) An individual who is addicted to or is an unlawful user of marijuana or a stimulant, depressant or narcotic drug."

These require a recent drug incident to be evidence of "current" addiction or use, or a conviction under the PA statute.

But you can also be prohibited from possession at all (not just licensed carry) under a broader statute,
"(2) A person 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, or any equivalent Federal statute or equivalent statute of any other state, that may be punishable by a term of imprisonment exceeding two years."

The thing is, any conviction over 2 years is going to be a Federal prohibitor anyway, so it doesn't matter if it was for drugs, except that it's 2 levels of prohibiition instead of just the Feds.

[mceresa22]

I didn't go to jail for 2 years I went to a holding cell for 2 hours lol I got caught with half a joint when I was 21.

[free]

I got caught with half a joint when I was 21.

Half a joint got you sent to the joint (: