Mis 2 DUI Question

**bob2055** · January 29th, 2011, 12:30 AM

I love this site this is great. I know that an M1 conviction is disabling under PA and Federal law. I was convicted of DUI in 2003 under former PA statute 75 3731 as an M2 ( I was just pulled over in Philadelphia, no accident, no injuries) which has since been replaced by 75 3802. I keep reading in various places that an M2 conviction in PA is potentially punishable by a prison term of up to two (2) years. Which as far as I know would be disabling. Or is an M2 for DUI with no accident, no injuries ect., different from a regular M2 conviction? I'm asking because I have not bought a firearm since the 1990s which is way before this happened. I had a carry permit issued by Mont Co. back then but I let it expire in 1999. If anyone has any info on this I would greatly appreciate it. Is there a difference between an M2 75 3731 and M2 75 3802? Thanks for any info anyone can provide. Bob

**Daycrawler** · January 29th, 2011, 12:48 AM

Originally Posted by bob2055

I love this site this is great. I know that an M1 conviction is disabling under PA and Federal law. I was convicted of DUI in 2003 under former PA statute 75 3731 as an M2 ( I was just pulled over in Philadelphia, no accident, no injuries) which has since been replaced by 75 3802. I keep reading in various places that an M2 conviction in PA is potentially punishable by a prison term of up to two (2) years. Which as far as I know would be disabling. Or is an M2 for DUI with no accident, no injuries ect., different from a regular M2 conviction? I'm asking because I have not bought a firearm since the 1990s which is way before this happened. I had a carry permit issued by Mont Co. back then but I let it expire in 1999. If anyone has any info on this I would greatly appreciate it. Is there a difference between an M2 75 3731 and M2 75 3802? Thanks for any info anyone can provide. Bob

How many years ago were you arrested? Did you apply for ARD? If you are eligable for ARD your record can be expunged. This of course will cost you X amount of dollars! You need to seek the advise of a lawyer. If you decide to attempt to buy a gun just be filling out the paper work could land you in hot water!

IANAL

**bob2055** · January 29th, 2011, 01:09 AM

Originally Posted by Daycrawler

How many years ago were you arrested? Did you apply for ARD? If you are eligable for ARD your record can be expunged. This of course will cost you X amount of dollars! You need to seek the advise of a lawyer. If you decide to attempt to buy a gun just be filling out the paper work could land you in hot water!

IANAL

If you read what I wrote I was convicted of DUI in 2003 under former PA statute 75 3731, which is listed as an M2 conviction. From what I understand an M2 in NOT disabling but an M1 is. Didn't get ARD. The ADA and judge denied me because I refused to take to take any of the tests. However, I plead guilty in court and it is listed as an M2 conviction for DUI. The sentence I received said and I have the paper work said confinement for a min of 2 days, max no longer than 1 year. for it to be disabling the max would have to be more than 1 year. My question is. Is an M2 DUI conviction different from an M2 conviction for other offenses? The rule of thumb as I understand it is an M1 conviction is disabling and an M2 is not. I have not attempted to purchase a firearm or anything like that. I am just asking a question seeking information. If there are any attorneys on here I would greatly appreciate your input. Thanks, Bob

**CrazyWhiteGuy** · January 29th, 2011, 01:51 AM

(c) Other persons.--In addition to any person who has been convicted of any offense listed under subsection (b), the following persons shall be subject to the prohibition of subsection (a):
(1) A person who is a fugitive from justice. This paragraph does not apply to an individual whose fugitive status is based upon a nonmoving or moving summary offense under Title 75 (relating to vehicles).
(2) A person 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, or any equivalent Federal statute or equivalent statute of any other state, that may be punishable by a term of imprisonment exceeding two years.
(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

*snip*

THE FOLLOWING IS MY UNDERSTANDING FROM WHAT I READ, I AM NOT A LAWYER AND OFFER NO LEGAL ADVICE.

in my opinion,
#2 says that you would be prohibited if the punishment could exceed 2 years in prision. I don't think it matters that the judge gave you a note saying not to exceed 1 year, if the law says that it could have possibly been 2+ years, its a disqualifier.
#3 says that you would be prohibited if you were convicted of dui on 3 occasions over 5 years.

i think you need to find out what the max sentence could have been imposed on you for those charges and go from there. if it turns out to be less than 2 years, i think you should be good to buy a firearm. if it were me in your situation, i would consult an attorney before filling out any paperwork or attempting to purchase a firearm.

**Big Chuck** · January 29th, 2011, 01:57 AM

An M2 misdemeanor in PA has a maximum sentence of 2 years.

**shermdo** · January 29th, 2011, 09:51 PM

Originally Posted by Big Chuck

An M2 misdemeanor in PA has a maximum sentence of 2 years.

I think one question would be -- what was the possible punishment in 2003. I do not know the answer to that question and am NOT a lawyer.

**bob2055** · February 1st, 2011, 04:42 PM

You are correct about an M2 being a mx of two years. However I think I found the answer. Under section 6102 Definitions, Crime punishable by imprisonment exceeding one year, The term does not include any of the following:

(2) State offenses classified as misdemeanors and
punishable by a term of imprisonment not to exceed two years.

Which is what an M2 is. I think I'm in the clear according to this section of the law.

**MDJschool** · February 2nd, 2011, 09:58 AM

For a brief note on older DUIs and gradings, please see:
http://forum.pafoa.org/pennsylvania-...ml#post1404451
http://forum.pafoa.org/pennsylvania-...ml#post1436650

While the legislature occasionally grades an offense one way and then prescribes a penalty for that offense that is de facto a-different-grade, my research in the aforelinked posts insists that the M2 DUI prior to 2003 was graded as any M2. The M2 max jail time was 2 years and the prohibitors speak of max jail times exceeding 2 years.

**bob2055** · February 2nd, 2011, 01:42 PM

Then I found this on the FBI website:

Federal Categories of Persons Prohibited From Receiving

A delay response from the NICS Section indicates that either you or another individual with a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth) has been matched with either state prohibitive criteria or one or more of the following federally prohibitive criteria:

* A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.

Here's the link: http://www.fbi.gov/about-us/cjis/nic...ion/fact-sheet

So it seems to me I'm OK to purchase a firearm.

**knight0334** · February 2nd, 2011, 01:56 PM

You are not prohibited from owning, keeping, buying, or possessing a firearm.

A Sheriff in his discretionary powers may find reason though to not issue you a LTCF if he want to be a dick under this clause - 6109(e)(1)(i) An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.

Most wont get that particular, but there may be a couple in the state that would stoop that low to do that.