Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Jun 2007
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default restrictions on purchasing/carrying

    Hey,

    I was told that I would not be able to purchase a firearm because I have a dui on my record as well as a possession of a controlled substance charge. I was convicted of these in 2005 and I'm wondering if this is true or not.

    Neither one of these charges is a felony, only a misdemeanor.

    I do not have any violent crime convictions or felonies on my record, does anyone know if I can purchase?

  2. #2
    Join Date
    Dec 2006
    Location
    Landenberg, Pennsylvania
    (Chester County)
    Age
    49
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    Default Re: restrictions on purchasing/carrying

    Quote Originally Posted by skins555 View Post
    Hey,

    I was told that I would not be able to purchase a firearm because I have a dui on my record as well as a possession of a controlled substance charge. I was convicted of these in 2005 and I'm wondering if this is true or not.

    Neither one of these charges is a felony, only a misdemeanor.

    I do not have any violent crime convictions or felonies on my record, does anyone know if I can purchase?
    Under the limited facts that you state, it is my understanding that you are not a prohibited person per se and should be able to purchase and possess a firearm in Pa. -- simply because DUIs are irrelevant (basically) and the possession charge was only a misdemeanor.

    Call the PSP and ask. Or just go to an FFL, explain the situation, fill out the form honestly, and see whether the sale goes through.

    Whether you can get a permit to carry is another issue. It is possible, and likely, that you will not be able to get a carry permit without a way to rebut the fact that your possession conviction tends to imply, for legal purposes, that you are not of "good character." No offense intended, I'm just saying that this is how the sheriff considering a carry permit application will look at it. You can always appeal.
    The material presented herein is for informational purposes only, is not guaranteed to be correct, complete, or up to date, does not constitute legal advice and does not establish an attorney-client relationship. You should NOT act or rely on any information in this post or e-mail without seeking the advice of an attorney YOU have retained.

    In plain English, while I am an attorney, I'm NOT your attorney, and I'm NOT giving you legal advice.

  3. #3
    Join Date
    Jun 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
    Posts
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    485

    Default Re: restrictions on purchasing/carrying

    check the PA UFA,

    § 6109. Licenses.
    (e) Issuance of license.--

    (1) A license to carry a firearm........ shall not be issued to any of the following:


    (viii) An individual who is charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year except as provided for in section 6123 (relating to waiver of disability or pardons).


    Which means that if any of you charges carried a penalty that COULD have been more than 1 year in jail, no matter what your sentence actually was, then no, you can not get a PA LTCF and you can not purchase (in Pa), will not pass PICS.

  4. #4
    Join Date
    Sep 2009
    Location
    mercer, Pennsylvania
    (York County)
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    Default Re: restrictions on purchasing/carrying

    ok this is the deal i was convicted of reckless indangerment w/o a weapon got 18months probation. am i aloud to own a firearm? not talking pistals or anything like that hunting rifles only

  5. #5
    Join Date
    Jul 2007
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    ..............., Pennsylvania
    (Chester County)
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    Default Re: restrictions on purchasing/carrying

    Quote Originally Posted by rejohns2 View Post
    ok this is the deal i was convicted of reckless indangerment w/o a weapon got 18months probation. am i aloud to own a firearm? not talking pistals or anything like that hunting rifles only
    IF your conviction was for 18 Pa CSA § 2705. Recklessly endangering another person, it was an M2 and is not prohibiting.
    IANAL

  6. #6
    Join Date
    Jul 2007
    Location
    ..............., Pennsylvania
    (Chester County)
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    Default Re: restrictions on purchasing/carrying

    Quote Originally Posted by skins555 View Post
    Hey,

    I was told that I would not be able to purchase a firearm because I have a dui on my record as well as a possession of a controlled substance charge. I was convicted of these in 2005 and I'm wondering if this is true or not.

    Neither one of these charges is a felony, only a misdemeanor.

    I do not have any violent crime convictions or felonies on my record, does anyone know if I can purchase?
    Look up your docket and let us know the sections that you were guilty of. If any were M1 you are prohibited but other sections may also prohibit you.

    Go to:
    http://ujsportal.pacourts.us/
    Select 'docket sheets'
    Select the court of jurisdiction
    Select 'search type - participant name'
    ente your name and county.
    IANAL

  7. #7
    Join Date
    Sep 2009
    Location
    mercer, Pennsylvania
    (York County)
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    Default Re: restrictions on purchasing/carrying

    yea it was an m2

  8. #8
    Join Date
    Sep 2009
    Location
    mercer, Pennsylvania
    (York County)
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    Default Re: restrictions on purchasing/carrying

    Quote Originally Posted by tl_3237 View Post
    IF your conviction was for 18 Pa CSA § 2705. Recklessly endangering another person, it was an M2 and is not prohibiting.
    yea it was an m-2

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