Pennsylvania Firearm Owners Association
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  1. #1
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    Question Handgun w/ MISD Drug Charge?

    Hello all,

    In 2014 I was convicted of two counts of misdemeanor drug possession. At the time I was arrested, I owned a Remington 870. The police took my Remington while I was on probation and then gave it back to me once I was off probation.

    My question is: can I own a handgun? I would assume since the 870 is legal (and returned to me by the police), I'd be able to buy a handgun; but I know handguns are heavily scrutinized in Pennsylvania.

    However, PA state law says "any crime punishable by more than a year in prison". I served both misdemeanors concurrently, meaning I did 1 years probation, but they could have been consecutive (rather than concurrent), meaning two years.

    Both charges are this: Int Poss Contr Subst By Per Not Reg Guilty Plea M 35 § 780-113 §§ A16

    Taken on their own, neither charge carries more than one year, but compounded they could.

    I am on a fixed income and do not have the money for an attorney, but desperately need a hand-gun for self defense. I am afraid of being denied the hand-gun and then police seizing my 870, leaving me completely defenseless.

    Can anyone please lend me any advice? I would greatly appreciate it.

    Thank you!

    edit: I was convicted of both charges, no ARD or expungement is possible (without governor's pardon)
    Last edited by Oldtimer57; March 30th, 2019 at 03:33 PM.

  2. #2
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    Default Re: Handgun w/ MISD Drug Charge?

    You say you "desperately need a hand-gun for self-defense". With those convictions, even if you are able to own a handgun (I'm not addressing that question), you are not qualified to be issued a LTCF (License To Carry Firearms), so you would only be able to have a handgun at your disposal in your home or fixed place of business (a business that you own, NOT "the boss said it's ok for me to carry").
    Get your "Guns Save Lives" stickers today! PM for more info.

  3. #3
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    Default Re: Handgun w/ MISD Drug Charge?

    Quote Originally Posted by gnbrotz View Post
    You say you "desperately need a hand-gun for self-defense". With those convictions, even if you are able to own a handgun (I'm not addressing that question), you are not qualified to be issued a LTCF (License To Carry Firearms), so you would only be able to have a handgun at your disposal in your home or fixed place of business (a business that you own, NOT "the boss said it's ok for me to carry").
    Better to be judged by 12 than carried by 6. And if you aren't addressing the question, why did you bother to post in the first place?

  4. #4
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    Default Re: Handgun w/ MISD Drug Charge?

    Quote Originally Posted by Oldtimer57 View Post
    Better to be judged by 12 than carried by 6. And if you aren't addressing the question, why did you bother to post in the first place?
    The man gave you valid, important info, and you gave him shit for it.
    I called to check my ZIP CODE!....DY-NO-MITE!!!

  5. #5
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    Default Re: Handgun w/ MISD Drug Charge?

    Quote Originally Posted by Emptymag View Post
    The man gave you valid, important info, and you gave him shit for it.
    What valid important info? That I can't get an LTC? I already know that, have for years, and am super pissed about it. I don't need reminding. Getting an LTC was not my question.

  6. #6
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    Default Re: Handgun w/ MISD Drug Charge?

    Quote Originally Posted by Delkal View Post
    His reply did not directly answer your question but it was relevant information to your situation.

    From your reply it seems like you are planning on committing a felony once you obtain a pistol. This forum is for law abiding gun owners! Nothing else needs to be said here.
    Indeed, you are exactly right. Because I enjoy marijuana brownies, I should not have the right to self defense. I am sure the founding fathers would agree with you. Keep up that free spirit, patriot.

  7. #7
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    Default Re: Handgun w/ MISD Drug Charge?

    For a reliable answer, skip a few brownies and hire an attorney to look at your record. I know for a fact you can get a solid answer (that you "do not have the money for") for LESS than the handgun that you "desperately need".

    The statute you referenced is all over the place with various gradings and maximum sentences depending on the particulars.

    The amount of time you actually served is irrelevant, and the language you noted ("less than a year") doesn't actually mean what you'd think.
    Get your "Guns Save Lives" stickers today! PM for more info.

  8. #8
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    Default Re: Handgun w/ MISD Drug Charge?

    Quote Originally Posted by Oldtimer57 View Post
    Indeed, you are exactly right. Because I enjoy marijuana brownies, I should not have the right to self defense. I am sure the founding fathers would agree with you. Keep up that free spirit, patriot.
    Not according to FED Law. Even with states "legalizing" bullshit. It's still not legal.

    I say no just due to your attitude.


    EDIT- with you wearing the BANNED title I guess I was not the only one.
    Owner Trigger Time LLc 01 FFL/NFA Saylorsburg, PA. Sales/Service/Transfers/Training
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  9. #9
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    Default Re: Handgun w/ MISD Drug Charge?

    Check out Legal Aid,although they deal with more important issues such as Child Support payments just for an example.In any event save a few bucks and consult with GUNLAWYER <Phil Kline !

  10. #10
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    Default Re: Handgun w/ MISD Drug Charge?

    Jeez, that was fast.

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