Pennsylvania Firearm Owners Association
Results 1 to 6 of 6
  1. #1
    Join Date
    Sep 2019
    Location
    Mechanicsburg, Pennsylvania
    (Cumberland County)
    Posts
    1
    Rep Power
    0

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

    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!

  2. #2
    Join Date
    Nov 2007
    Location
    Belly of the BEAST, Pennsylvania
    (Montgomery County)
    Posts
    986
    Rep Power
    17755067

    Default Re: Ungraded misdemeanor 18 yrs ago. Looking to restore gun ownership and LTCF right

    Contact Phillip Kline. His account on here is GunLawyer.

  3. #3
    Join Date
    Jun 2010
    Location
    In the can, Pennsylvania
    (Montgomery County)
    Posts
    2,895
    Rep Power
    21474848

    Default Re: Ungraded misdemeanor 18 yrs ago. Looking to restore gun ownership and LTCF right

    -
    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-

    -
    We need every gun owner to help protect our gun rights by voting pro gun in every election every year.

    Please make sure you are registered to vote here: https://www.pavoterservices.pa.gov/P...plication.aspx
    Pro gun voter guides are posted in PAFOA before every election here: http://forum.pafoa.org/forumdisplay.php?f=11

    Please also join the National Rifle Association (NRA) and Gun Owners of America (GOA) to help protect your Second Amendment right to own a gun.

    Join NRA here: https://home.nra.org/
    Join GOA here: https://gunowners.org/
    -
    How can you have any cookies if you don't drink your milk?

  4. #4
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
    Posts
    3,645
    Rep Power
    21474847

    Default Re: Ungraded misdemeanor 18 yrs ago. Looking to restore gun ownership and LTCF right

    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.
    Where's Hunter?

  5. #5
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
    Age
    48
    Posts
    11,138
    Rep Power
    21474860

    Default Re: Ungraded misdemeanor 18 yrs ago. Looking to restore gun ownership and LTCF right

    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).
    Attention NRA Life and voting members - LPRGCFRANK running for NRA board of directors

  6. #6
    Join Date
    Jan 2013
    Location
    Dover, Pennsylvania
    (York County)
    Posts
    1,720
    Rep Power
    21474844

    Default Re: Ungraded misdemeanor 18 yrs ago. Looking to restore gun ownership and LTCF right

    Quote Originally Posted by gnbrotz View Post
    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.
    Resistance to tyrants is obedience to God.

Similar Threads

  1. Misdemeanor and gun rights
    By Nejipray in forum Pennsylvania
    Replies: 7
    Last Post: February 22nd, 2018, 08:26 PM
  2. how do i restore my firearm rights in pennsylvania?
    By donnie7 in forum Pennsylvania
    Replies: 15
    Last Post: May 25th, 2015, 11:52 PM
  3. Restore gun rights
    By JCs in forum Pennsylvania
    Replies: 3
    Last Post: January 20th, 2013, 12:00 AM
  4. U.S. H.R.645 - A Bill To Restore (Some) 2A Rights in DC
    By ImminentDanger in forum National
    Replies: 4
    Last Post: May 19th, 2011, 09:28 PM
  5. How do I restore my gun rights?
    By SilingulusAh in forum General
    Replies: 5
    Last Post: May 21st, 2010, 10:16 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Local gun shops | Local shooting ranges | Philadelphia Shooting Ranges | Philadelphia Gun Shops | Pittsburgh Shooting Ranges | Pittsburgh Gun Shops