laws

[sigman40]

if you have a DUI can you obtain a handgun and also can you obtain a carry permit

[lildobe]

This probably would have been better served being posted in one of the general forums... but anyway.

Anyway, a DUI is not a prohibiting office for purchase nor for a LTCF.

However if you have multiple DUI's, the Sheriff may refuse to issue you a LTCF under 18 PaCS §6109(e)(1)(i):

[A license shall not be issued to] ... An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.

But the only way you will find that out is to go and apply.

[Pa. Patriot]

DUI is covered in the enumerated offenses of 18Pa.C.S.6105(c)(3)

(3) A person who has been convicted of driving under the
influence of alcohol or controlled substance as provided in
75 Pa.C.S. § 3802 (relating to driving under influence of
alcohol or controlled substance) or the former 75 Pa.C.S. §
3731, on three or more separate occasions within a five-year
period. For the purposes of this paragraph only, the
prohibition of subsection (a) shall only apply to transfers
or purchases of firearms after the third conviction.

The above would prohibit you from purchase as well as LTCF.

[GunLawyer001]

The PA DUI laws changed a few years ago, so that it's possible for a single DUI to be prohibiting based on a high blood alcohol reading, injuries, and other factors. It's a complicated system now, so every DUI has to be looked at separately, and some may be M-1 offenses (which are prohibiting for possession of a firearm).

It's also possible for a sheriff to determine that a particular DUI is evidence of dangerous character flaws, for example if your DUI occurred while it was your turn to car pool the kids to school.

[knight0334]

The PA DUI laws changed a few years ago, so that it's possible for a single DUI to be prohibiting based on a high blood alcohol reading, injuries, and other factors. It's a complicated system now, so every DUI has to be looked at separately, and some may be M-1 offenses (which are prohibiting for possession of a firearm).

It's also possible for a sheriff to determine that a particular DUI is evidence of dangerous character flaws, for example if your DUI occurred while it was your turn to car pool the kids to school.

I was just about to mention that. lol

You school'd me a few months ago on that.

[tom vito]

The PA DUI laws changed a few years ago, so that it's possible for a single DUI to be prohibiting based on a high blood alcohol reading, injuries, and other factors. It's a complicated system now, so every DUI has to be looked at separately, and some may be M-1 offenses (which are prohibiting for possession of a firearm).

It's also possible for a sheriff to determine that a particular DUI is evidence of dangerous character flaws, for example if your DUI occurred while it was your turn to car pool the kids to school.

Do you have a link to the pa code that states this? As this was an argument at work a few weeks back, and would like to have it in "writing".

Thanks,
Tom

[lildobe]

I stand corrected.

I wasn't entirely wrong at least

[gnbrotz]

This probably would have been better served being posted in one of the general forums... but anyway.

Anyway, a DUI is not a prohibiting office for purchase nor for a LTCF.

However if you have multiple DUI's, the Sheriff may refuse to issue you a LTCF under 18 PaCS §6109(e)(1)(i):

[A license shall not be issued to] ... An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.

But the only way you will find that out is to go and apply.

Assuming the recent changes in DUI laws weren't in play, and I were a sheriff who wanted to deny/revoke based on these circumstances, I'd use 18 PaCS §6109(e)(1)(vii):

(vii) An individual who is a habitual drunkard.

[knight0334]

Yep... If I were a Sheriff and I had the need to deny a LTCF due to 1 DUI, I'd cite that too.

While it takes 3 DUI's for sure, or a DUI with certain stipulations, you could easily be deemed a habitual drunkard on just 1 DUI too. Probably would stand up in most courts if I could prove you drink alot, or are drunk off your ass at home a good deal of the time, or that you cant be trusted with a vehicle - how could you be trusted with a firearm? All it takes is the right(or wrong) judge and/or 12 neighbors, which just one of which having lost a loved one to a DUI accident.

Dont get me wrong and think I feel all "drunkards" should be prohibited. But we all know that one drunk that shouldn't be allowed to have a fly swatter due to temper while drunk, and feels no need to regulate his/her own consumption. Nor do I feel a single DUI is example of being a person that cant control one's self.