Conceal carry ? Before applying

[Red devil]

What's up guys, got a few questions about the application before I go through with it. First off, I talked to the sheriff and he advised me to talk to a lawyer before filling the app out. My question is....if you answer yes to any of the questions on the app, will that automatically disqualify you? The reason I ask is I do have a past, but nothing I think that will stop me from getting it, but there is that chance. I talked to a lawyer today and he's pulling my record to see if everything is good. Can your juvenile record actually cause you to be denied? And last, if I am denied for a permit, does that mean I can't purchase a firearm either? I've read other threads like mine but didnt find what I was looking for.

[ffighter530]

Not to come off as an asshole right away, but nobody can really help you out without details of what you have been charged with, what your sentence was, etc. That's only if you're comfortable posting these types of details.

A good first start is talking to a lawyer to see what is on your record before filling out an application, keep in mind if you even accidentally lie on the application you could be in a world of shit.

I'm not a lawyer but a good first start with talking to one.

Edit:

To answer this: Snip "...if you answer yes to any of the questions on the app, will that automatically disqualify you" Snip. If it's pertaining to the questions asking you if you're on drugs, been convicted of a crime that would not allow you to carry then yes I'm 95% sure that a yes, would disqualify you, but someone else can chime in and confirm, again I'm only 95% sure.

[God's Country]

You're doing the right thing talking to a lawyer, especially if it's a juvi. thing.

The only qualifications I’m aware of that are different for a LTCF vs purchasing is a drug conviction. Any drug conviction will prohibit you from a LTCF whereas if it’s a very minor drug conviction you may not be prohibited from owning.

[Red devil]

The charges were theft by unlawful taking and receiving stolen property(long story). Now I know on the back of the app that both charges will cause me to be denied, but it also says "upon conviction of the second felony offense". There lies my problem, I pulled my background and both my charges are ungraded. Meaning it's not showing felony or misdemeanor. I talked to the lawyer and he's going to pull the actual court papers to see if it's in there. He says if it still shows ungraded that means it's a m3 and that I would be ok. I was only held until my court date and then released. I don't recall ever being given a sentence, but I may be wrong. The lawyer did say as long as it is a m3 and not a m1 or 2 I would be good since the m3 carries the max of 1 year in prison. The others carry higher sentences and even though are still considered misdemeanors, it would disqualify me due to question #33 on the app "crime with sentence of over 1yr.

[ffighter530]

Others will hopefully now be able to chime in having that information. Like GC said, you're on the right track with talking to a lawyer. Good luck.

[streaker69]

Even if those items aren't definite dis-qualifiers, the Sheriff could still deny you based upon the Reputation Clause.

[knight0334]

The charges were theft by unlawful taking and receiving stolen property(long story). Now I know on the back of the app that both charges will cause me to be denied, but it also says "upon conviction of the second felony offense". There lies my problem, I pulled my background and both my charges are ungraded. Meaning it's not showing felony or misdemeanor. I talked to the lawyer and he's going to pull the actual court papers to see if it's in there. He says if it still shows ungraded that means it's a m3 and that I would be ok. I was only held until my court date and then released. I don't recall ever being given a sentence, but I may be wrong. The lawyer did say as long as it is a m3 and not a m1 or 2 I would be good since the m3 carries the max of 1 year in prison. The others carry higher sentences and even though are still considered misdemeanors, it would disqualify me due to question #33 on the app "crime with sentence of over 1yr.

Your lawyer needs to read the law.

That "more than 1 year thing" doesn't apply to state misdemeanors upto 2 years. Therefor a M2 in PA is ok - since a M2 is 2 years max, it doesn't exceed the 2 year limit. However, anything listed in 6105(that list) is prohibitive. A couple do have their own requirements though.

M1's and any felony is prohibiting.

Any misdemeanor domestic violence is prohibiting regardless of level.

[Red devil]

Yeah I just figured it would be better knowing if I'm good before applying than thinking I'm good only to be denied and opening a can of worms. As for question #32 on the app, "have ever been convicted of a crime punishable by imprisonment for a term exceeding 1yr", the lawyer said if my grade for my charges turn out to be m3's I'm good cause they carry a maximum up to 1yr but doesn't exceed that. If they were class 1 or 2(even though misdemeanors) than the sentence would exceed that 1yr and cause me to be denied. He just wants to double check and make sure my bases are covered. I just wanna play it safe. As for the sheriff denying due to the reputation clause, this happened almost 18yrs ago and believe me, I've come along way from them young and dumb days! Believe it or not I was charged with taking my own property, I just went about it the wrong way, lol!

[immson]

its the same paper work you fill out to buy a gun. so if u can buy a gun you should be able to get a permit.

[Deadpan]

Yeah I just figured it would be better knowing if I'm good before applying than thinking I'm good only to be denied and opening a can of worms. As for question #32 on the app, "have ever been convicted of a crime punishable by imprisonment for a term exceeding 1yr", the lawyer said if my grade for my charges turn out to be m3's I'm good cause they carry a maximum up to 1yr but doesn't exceed that. If they were class 1 or 2(even though misdemeanors) than the sentence would exceed that 1yr and cause me to be denied. He just wants to double check and make sure my bases are covered. I just wanna play it safe. As for the sheriff denying due to the reputation clause, this happened almost 18yrs ago and believe me, I've come along way from them young and dumb days! Believe it or not I was charged with taking my own property, I just went about it the wrong way, lol!

Reread what knight0334 wrote. The legal definition of "a crime punishable by imprisonment exceeding one year" excludes misdemeanors punishable by up to two years. Most M2 offenses are not prohibiting. This is made clear in 18 Pa.C.S. § 6102: Definitions and 18 USC § 921 - Definitions.