PA DUI question

[bug]

Does a first offense, tier 3 dui prohibit a person from passing a PICS inquiry while buying a firearm??

[donm]

Does a first offense, tier 3 dui prohibit a person from passing a PICS inquiry while buying a firearm??

By itself, probably not. Someone will correct me on that if I'm wrong. But even if you can, your timing is probably really bad. You're likely to be offered ARD (kind of a "second chance" to keep it off your record), which will include probation. It varies by county, but you may be forbidden to possess weapons (and probably to even live in a place where they are present) during probation. It's like that in Chester County, and I doubt that Delaware County is more lenient. After completion of the terms of ARD, you can petition the court to expunge your record (meaning that it won't turn up in background checks that are pretty routine for employment these days).

[bug]

Thanks Donm for your response. It wasn't me (thank God) but a close male relative. This happened around 3 years ago. I believe he did all that was required of him and had 1 year probation. He didn't mention any expungement so I doubt that happened but I'll ask. He came to me because I'm the family gun guy. He wants to buy a shotgun for hunting and wondered if he was OK. I asked him to give me some time to look into it. I don't want him to fail a PICS and subject himself to further problems. I also told him to check back with his DUI lawyer for what that's worth.

[BradACP]

I know someone - Tier 2, Bucks Co., about 2000. (not sure if they even had the tiers then, but that's what it would have been) Did the ARD and basically forgot about it. Purchased several long guns without doing anything several years later after the terms of the ARD were up. Eventually even got his LCTF He did not check to see if it was automatically expunged. He rolled the dice and won. I think I'd check somehow before I tried. I think checking back with his DUI lawyer is a good call.

[soberbyker]

Does a first offense, tier 3 dui prohibit a person from passing a PICS inquiry while buying a firearm??

If I remember correctly they may be able to purchase a firearm but not be able to get a license to carry with an alcohol or drug conviction.

[BradACP]

If I remember correctly they may be able to purchase a firearm but not be able to get a license to carry with an alcohol or drug conviction.

But, I'm pretty sure successful completion of ARD does not equal a conviction. Not 100% sure though. (And now that I re-read it, I'm not sure if the OP's friend even did ARD....)

[CHEMICAL]

If I remember correctly they may be able to purchase a firearm but not be able to get a license to carry with an alcohol or drug conviction.

I'm pretty sure alcohol is not prohibitory unless you get 2 DUIs within a 5 year period. I know 2 people that have gotten one and they were told they could not carry while on probation after ARD.

[soberbyker]

I'm pretty sure alcohol is not prohibitory unless you get 2 DUIs within a 5 year period. I know 2 people that have gotten one and they were told they could not carry while on probation after ARD.

Maybe the character crap came into play for the LTCF but I know I've read that some people were able to purchase but not get the LTCF because of alcohol related stuff.

[donm]

But, I'm pretty sure successful completion of ARD does not equal a conviction. Not 100% sure though. (And now that I re-read it, I'm not sure if the OP's friend even did ARD....)

That's true, it's neither a conviction nor an acquittal. Basically prosecution is suspended. I think some counties may automatically expunge after successful completion of ARD, but others require that you petition the court for it (a very simple process). One way to tell if it was expunged is to search at the UJS portal http://ujsportal.pacourts.us/ If it was expunged, it will not appear.

[bogey1]

Maybe the character crap came into play for the LTCF but I know I've read that some people were able to purchase but not get the LTCF because of alcohol related stuff.

Character clause. You nailed it. Anything on record he/she can deny you on.
Correct me if I'm wrong. I don't think i am though,.