Ungraded misdemeanor 18 yrs ago. Looking to restore gun ownership and LTCF rights

[tconn23]

Good morning all,

I am looking for some advice ont he restoration of my right to obtain a License to Carry a Firearm in Pennsylvania. I recently went ot the Sheriff's office in Cumberland County and applie for the license. When the PICS came back they said I was disqualified stemming from a Misdemeanor possession of marijuana (small amount personal use) before college. Since this offense was an ungrade misdemeanor (considered M3) under The Controlled Substance, Drug, Device, and Cosmetic Act, I was denied.

For the details of the guilty plea, I had a roach in my car and was charge when I was 24. The arrest is dated 3/2001 with the guilty please being entered 6/2001 at the Magisterial District Justice. From everything I am reading, I am not eligible for a true expungement because it is not a summary offense.

That being said, I have found relevant case law of individuals with felony convictions having gun rights restored.

It has been slightly over 18 years with no other interactions with law enforcement (other than a few speeding tickets) and since that time, I have obtained 2 bachelor's degrees, a master's degree, worked with autistic children, worked with adults with intellectual disabilities, consulted with state governments on improvement of human services programs, and coached youth soccer for the last 10 years.

Unfortunately, the PSP has denied my right to lawfully concealed carry on the basis of an antiquated law. The new Clean Slate law will not restore my LTCF right because it is a limited acccess provision, which means law enforcement will still have access to my record (namely PSP and PICS).

So what I am looking for is advice on how to go about restoring my ability to not only own a firearm, but to carry concealed? Any recommmendations on resources that outline the process or lawyers who specialize in this would be greatly appreciated.

The kicker to all of this is, at the time of my guilty plea, I was legally licensed to carry concealed and allowed it to lapse a few years ago. Now that I am reapplying, I am being denied.

Thanks!

[icp4life162005]

Contact Phillip Kline. His account on here is GunLawyer.

[Berncly]

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Welcome to the PAFOA.

Phil Kline is a highly recommended attorney and a PAFOA moderator.
I suggest that you contact Phil and see what he has to say about your situation.

Attorney Phil Kline email here: gunlawyer001@gmail.com
Attorney Phil Kline private message here: http://forum.pafoa.org/private.php?do=newpm&u=1125

Best of luck to you.
Bern-

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[Walleye Hunter]

You have been given as good advice as there is above but offenses that involve drugs (marahuchi is a drug) are a problem. Please do report back on how you make out.

If it's available an expungement would be your best option.

[gnbrotz]

You can't get better advice than you've already received, but I'm curious, what makes you believe you are prohibited from *owning* firearms? The legal standards for possession and licensing are different in PA, with the licensing standard being the stricter of the two. Based solely on what you've posted, you should not be prohibited from possession (and/or purchase).

[Jhaydeno]

You can't get better advice than you've already received, but I'm curious, what makes you believe you are prohibited from *owning* firearms? The legal standards for possession and licensing are different in PA, with the licensing standard being the stricter of the two. Based solely on what you've posted, you should not be prohibited from possession (and/or purchase).

My thoughts exactly. I don’t recall an ungraded (M3?) possession charge ever exceeding the state or federal requirements to own a firearm.