Can I own a firearm w/ drug charge(s)? Please advise!

[Oldtimer57]

Hello all,

I came across this forum while searching "can I own a firearm in pa". I have seen several helpful threads by members on the forums, so I am hoping to get your help please.

I have decided to get a Remington 870 for home defense. I know I will not qualify for a permit, but that doesn't matter much since it is only for the home.

Here is a screenshot of the docket sheet related to the day in question:

http://imgur.com/a/qwyxY

Does anyone know if I can get a firearm with those two convictions (both stem from the same arrest)? From my understanding, I 'can' but it is iffy. From what I gather, you can own a firearm in PA if you have a drug conviction that does not carry more than two years in jail. Both of those are misdemeanors that max out at 1 year, but both were on the same date at the same time for the same incident.

I will likely hire a lawyer, but will have to save up several months to do so. I am only planning to hire a lawyer if I am rejected from the PICS system when I go to purchase -- but I have heard of people getting charged for trying to by a firearm when they are disqualified; this I do not want to happen. I also do not want to go 3 - 4 months without a firearm though after a recent home break-in; I want it ASAP for sound of mind.

Can anyone please advise?

Thank You,

Old Timer

EDIT: I am no longer on probation. I was given 1 year probation for the first charge, the second charge (the exact same thing) carried no penalty. I did 1 year probation and that was it. This is my only offense. Yes, I know of ARD now, sadly I did not at the time and it was not offered; that would of been a great thing.

[MARINE DIVISION TWO]

IANAL -With that contact a Lawyer,a very good one is one this site GUNLAWYER ! Any other information other than a lawyer can and will get you in trouble !

[Oldtimer57]

It will take me several months to be able to work up enough cash to hire a lawyer, I appreciate the advice however. Thank you.

[MARINE DIVISION TWO]

It will take me several months to be able to work up enough cash to hire a lawyer, I appreciate the advice however. Thank you.

They do give free consults ! search one out.

[God's Country]

You really need to consult a lawyer. Pa has begun to aggressively pursue prohibited individuals that attempt to lawfully purchase a firearm regardless of your knowledge.
It should not cost much to have a competent lawyer review your convictions.

[Gripsafety]

It will take me several months to be able to work up enough cash to hire a lawyer, I appreciate the advice however. Thank you.

You might want at least talk to gunlawyer or someone else who does firearm law first - it is way cheaper to have one look into your convictions now than to defend a charge of lying on a 4473 or challenging a denial.

I would be comfortable filling out a 4473 and answering no to 11c for myself with these convictions, based upon the instructions given on the form. Your tolerance for stress may or may not allow that.

[Walleye Hunter]

I am but a shithouse lawyer so anything that I say you can use for guidance but don't bet your left nut on it. I would expect that you should be able to own for home use and hunting. A LTCF would be denied, as you know. You should be able to find that information through the PA Codes and Acts. I am researching a situation myself and I believe that I saw your situation addressed somewhere but I did not retain it as it does not apply to me and I am running out of memory.

[Oldtimer57]

You might want at least talk to gunlawyer or someone else who does firearm law first - it is way cheaper to have one look into your convictions now than to defend a charge of lying on a 4473 or challenging a denial.

I would be comfortable filling out a 4473 and answering no to 11c for myself with these convictions, based upon the instructions given on the form. Your tolerance for stress may or may not allow that.

I am sorry, I am new to all this. What do you mean by 4473 (Im assuming gun application form) and 11c is a question?

[knight0334]

Those two ungraded misdemeanors are NOT prohibiting. If you are no longer a user, then the question on the 4473 about drug use should be marked as "No".

However, you can NEVER get a License To Carry Firearms due to those convictions. (you would need a pardon and an expungement to a get a carry license)

[knight0334]

I am sorry, I am new to all this. What do you mean by 4473 (Im assuming gun application form) and 11c is a question?

A 4473 is the federal transfer form.