dui and misdemeanor drug charge

[double-oh-7]

I had a misdemeanor drug charge and a DUI in 1995. Would I be eligible for a license to carry a firearm in the state of pennsylvania( montgomery county)?

[chesire17201]

Depends, if the charges were an M2 or M3, yes, if the were an M1, no......

[ar15jules]

What was the charge. Drug charges are generally UNGRADED.
Jules

[XD45]

this question is asked all the time, i'd really like to know a for sure yes or no, as it pertains to small time drug charges likes the devils grass

[c.sander]

i had a dui in 00 and came with a small possesion charge during the dui, with all that said i think i got a conditional discharge on the cds, and i do have a LTCF

[XD45]

the 1 DUI will give you no problems

[ar15jules]

I had a misdemeanor drug charge and a DUI in 1995. Would I be eligible for a license to carry a firearm in the state of pennsylvania( montgomery county)?

A misdemeanor drug charge could have been a lot of things. Possession of drug paraphernalia, possession, possession of a small amount of marijuana, etc....All of these fall under ACT 64 (Controlled Substance Drug Device and Cosmetic Act)

to have a disability to buy a firearm, you must have been convicted of a charge from the act that can be punishable UP TO TWO YEARS in prison. If it was a first offense, those listed above max out at ONE YEAR.

As far as a LTCF goes, the charge may reflect negatively toward your "character"

Jules

[Pa. Patriot]

..All of these fall under ACT 64 (Controlled Substance Drug Device and Cosmetic Act)

to have a disability to buy a firearm, you must have been convicted of a charge from the act that can be punishable UP TO TWO YEARS in prison. If it was a first offense, those listed above max out at ONE YEAR.

As you noted, Your info applies to "possession" of firearms.

The LTCF requirements are more strict. I just found this out recently.

PACS 18 c61, A §6109
The applicable disqualifying offense from the list is paragraph (ii) which says:

(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.

ref: PACS 18 c61, A §6109

There is no reference of sentencing time being a factor. Just any conviction of The Controlled Substance, Drug, Device and
Cosmetic Act.


Sorry to inform the OP but your going to have to try and get this expunged if you want a LTCF.

[ar15jules]

Yeah, I indicated that was for "buying" a firearm which is the same as possessing. A conviction is a nail in the coffin then for LTCF.
Jules

[Pierce8468]

I am going to assume here that if you where convicted of the drug offence, you prob copped a deal. most first time convictions in our city, will be bargained down to the case bieng dismissed after comunity service. if this is what happened to you, and you fulfilled your end of the deal. Then yes you can get a ltcf! I am positive of this, because I had a simple posesstion charge years ago. Did 40 hrs community service and now my record shows case dismissed, and I have a ltcf.