PICS Denial Challage form?

[Cugs]

Hello,

I was hoping someone could shed some light on this process. I filed a License to Carry application with Montgomery County sherriff's office and was denied "for an undisclosed reason". I have a past like some people do, I have a DUI from 1987 and a drug possession charge from 2007 (CS13A16) 1 count Grade M (Misdemeanor) plead guilty, paid court cost and county probation for a year. From what I have read and researched these wouldn't get me denied, but I'm not a laywer, lol? I paid to run my background check on myself to verify what was there, and I have filled out the PICS challenge, but wanted to see what anyone else thought before I sent it in.

Thank you for your time.

[1911]

I believe any drug conviction is a prohibitor for a license.

[Jhaydeno]

Keep in mind that while you might pass a PICS check for a purchase, there*s a little blurb in the LTCF rules called the *character clause*. It allows the sheriff to use his discretion in issuing when reviewing the background check. Can you fight it? Sure, but theres a grey area between *shall issue* and character, and it would eventually end up in court if either party wants to push it. IANAL...

[Knightshift]

I believe any drug conviction is a prohibitor for a license.

Not true. Depends on the level and possible sentance. Under 2 year max for misdemeanor can be ok I think. Blanket statement about drug offence would be wrong.

[1911]

Youre thinking about purchase. According to the standard PSP application, any conviction under the CSDDCA is a prohibitor for a license.

[GunLawyer001]

(e) Issuance of license.--

(1) A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle and shall be issued if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license. A license shall not be issued to any of the following:

(i) An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.

(ii) An individual who has been convicted of an offense under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act. . . .

[Cugs]

Thank you for the reply, how do I know if my conviction falls under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act? Only thing on my paperwork \ background check is Charge = CS13A16 Possession of a controlled substance.. etc.. If I file the challage form, and its still denied, will they say why at that point? Am I still able to fight it after that if denied?

Thak you again for your time!

[Walleye Hunter]

Thank you for the reply, how do I know if my conviction falls under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act? Only thing on my paperwork \ background check is Charge = CS13A16 Possession of a controlled substance.. etc.. If I file the challage form, and its still denied, will they say why at that point? Am I still able to fight it after that if denied?

Thak you again for your time!

I am not a lawyer but...my understanding is that any drug conviction is a disqualifier and challanging it could result in you being prosecuted for falsifying the application in the first place. When they prosecute those I don't think they accept, "I wasn't sure", or, "I didn't know", or, "I forgot about it", as acceptable excuses.

[God's Country]

Not true. Depends on the level and possible sentance. Under 2 year max for misdemeanor can be ok I think. Blanket statement about drug offence would be wrong.

Nope.

Any drug related conviction is a LTCF prohibition in PA.
Not necessarily a purchase prohibition, as you point out.

[1911]

Cugs, if your conviction was in fact under CS13A16, that is a conviction of the Controlled Substance Act. Were I you, I would not proceed with any denial forms without the advice of an attorney. Gunlawyer above is an attorney and contacting him or another firearms-law-proficient attorney would be wise