Denied

[lrcigar]

So after moving to Pike county a few years ago, i decided it was time to get some home protection. I drove to Advantage arms, and picked out a glock 19, and a stag arms ar15. crossed my fingers for the background check. Approved! Recently I decided to get a LTCF. I filled out my application at the Pike Co. sheriff's office. A week later the sheriff himself calls me to tell me that I was denied because of a marijuana arrest back in 1980. I'm confused, Why did I pass the background check to buy the guns, and rejected for the LTCF?

[King 5.45]

So after moving to Pike county a few years ago, i decided it was time to get some home protection. I drove to Advantage arms, and picked out a glock 19, and a stag arms ar15. crossed my fingers for the background check. Approved! Recently I decided to get a LTCF. I filled out my application at the Pike Co. sheriff's office. A week later the sheriff himself calls me to tell me that I was denied because of a marijuana arrest back in 1980. I'm confused, Why did I pass the background check to buy the guns, and rejected for the LTCF?

Different thresholds for the two, apparently, or perhaps you also fell through the cracks on the purchase.

"A license shall not be issued to any of the following:" 18 Pa.C.S. 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.
(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. [FN1]
(iii) An individual convicted of a crime enumerated in section 6105.
(iv) An individual who, within the past ten years, has been adjudicated delinquent for a crime enumerated in section 6105 or for an offense under The Controlled Substance, Drug, Device and Cosmetic Act.
(v) An individual who is not of sound mind or who has ever been committed to a mental institution.
(vi) An individual who is addicted to or is an unlawful user of marijuana or a stimulant, depressant or narcotic drug.
(vii) An individual who is a habitual drunkard.
(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).
(ix) A resident of another state who does not possess a current license or permit or similar document to carry a firearm issued by that state if a license is provided for by the laws of that state, as published annually in the Federal Register by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury under 18 U.S.C. § 921(a)(19) (relating to definitions).
(x) An alien who is illegally in the United States.
(xi) An individual who has been discharged from the armed forces of the United States under dishonorable conditions.
(xii) An individual who is a fugitive from justice. This subparagraph does not apply to an individual whose fugitive status is based upon nonmoving or moving summary offense under Title 75 (relating to vehicles).
(xiii) An individual who is otherwise prohibited from possessing, using, manufacturing, controlling, purchasing, selling or transferring a firearm as provided by section 6105.
(xiv) An individual who is prohibited from possessing or acquiring a firearm under the statutes of the United States.

[lrcigar]

Different thresholds for the two, apparently, or perhaps you also fell through the cracks on the purchase.

I thought i fell through the cracks also, but went to a different gun shop and bought another gun no problem.

What is the difference between? :
1)(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. [FN1]

and

2)(iv) An individual who, within the past ten years, has been adjudicated delinquent for a crime enumerated in section 6105 or for an offense under The Controlled Substance, Drug, Device and Cosmetic Act.

I ask because it has been 31 years since that offence.

[King 5.45]

Phil?

(That's our version of the BatLight™.)

[anonymouse]

Drug charges are handled differently in 6105 (persons not to possess) and 6109 (licenses)

6105 says:

(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.

6109 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. [FN1]

6109 includes ANY offense under that act, while 6105 only includes ones punishable by a term of imprisonment exceeding two years.

IANAL

[phillykev]

I thought i fell through the cracks also, but went to a different gun shop and bought another gun no problem.

What is the difference between? :
1)(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. [FN1]

and

2)(iv) An individual who, within the past ten years, has been adjudicated delinquent for a crime enumerated in section 6105 or for an offense under The Controlled Substance, Drug, Device and Cosmetic Act.

I ask because it has been 31 years since that offence.

Adjudicated delinquent is when a juvenile is found guilty of a crime that would be a felony if they had commited it as an adult.

[LisaA]

Phil?

(That's our version of the BatLight™.)

LMAO, King 5.45!! That's a good one.

[God's Country]

The answers posted are correct.

The good news is you are not a prohibited person from purchasing.
The bad news is for some reason Pa feels you are safe to own firearms, just not carry one….stupid.

Not sure what the legal ramifications are but you could try a non res Fl permit.
They don’t discriminate over minor drug charges within the last few years.
The fact that you can purchase (unless you truly did fall between the cracks) suggests that you may be eligible.

Again I’m not sure how that may be viewed since Pa rejected you. That is to say if you ever had to provide your license to a leo or if it ever came up for whatever reason.

[lrcigar]

Drug charges are handled differently in 6105 (persons not to possess) and 6109 (licenses)

6105 says:



6109 says:



6109 includes ANY offense under that act, while 6105 only includes ones punishable by a term of imprisonment exceeding two years.

IANAL

So to buy the gun they go by 6105, but for the LTCF they go by 6109? which would make sense since I just received a fine back then.

The sheriff told me to try to get expunged since it was such a minor offence.

oh well!

Thanks everyone

[MDJschool]

A week later the sheriff himself calls me to tell me that I was denied because of a marijuana arrest back in 1980.

"If the sheriff refuses to issue a license, the sheriff shall notify the applicant in writing of the refusal and the specific reasons. The notice shall be sent by certified mail to the applicant at the address set forth in the application." 18 Pa.C.S. 6109(g). Has the sheriff complied with these provisions?

You cite 'a marijuana arrest'. Neither 18 Pa.C.S. 6105 nor 6109 provide that an arrest under the PA CSDDCA or an analagous Act would be prohibiting. Were you ever actually convicted of a drug-related crime? Was this conviction in Pennsylvania? Please verify this by finding your dockets under http://ujsportal.pacourts.us/ or by running an ePATCH background check on yourself provided by the PSP from http://epatch.state.pa.us (or by sending in the requisite form).

Adjudicated delinquent is when a juvenile is found guilty of a crime that would be a felony if they had commited it as an adult.

What is it called when a juvenile is found guilty of a crime that would be a misdemeanor if they had commited it as an adult?