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Thread: laws
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December 8th, 2008, 08:33 AM #1Junior Member
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laws
if you have a DUI can you obtain a handgun and also can you obtain a carry permit
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December 8th, 2008, 01:08 PM #2
Re: laws
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.
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December 8th, 2008, 01:15 PM #3
Re: laws
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._________________________________________
danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
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December 8th, 2008, 04:17 PM #4
Re: laws
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.
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December 8th, 2008, 04:28 PM #5
Re: laws
RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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December 8th, 2008, 05:43 PM #6Member
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December 8th, 2008, 05:48 PM #7
Re: laws
I stand corrected.
I wasn't entirely wrong at least
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December 8th, 2008, 06:38 PM #8
Re: laws
Get your "Guns Save Lives" stickers today! PM for more info.
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December 8th, 2008, 06:54 PM #9
Re: laws
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.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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