Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Feb 2014
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    perkasie, Pennsylvania
    (Bucks County)
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    Default out of state DUI

    Hello, I'm sure this is an exhausted topic, but I am struggling to find an answer to a unique situation.
    When I turned 21, I made the mistake of driving under the infouence. It has been over 5 years and was expunged through a first offenders program. 6 years later, I was out I North Dakota, and got a Dui. Is this out of state (pa) dui going to affect me in obtaining a ccw? It was 11 months ago, and probation has been served.

    Also, if I do apply and get denied for the above, will this make it more difficult for me to obtain my ccw after the said 5 year period?

    Thank you very much for the help.

  2. #2
    Join Date
    May 2013
    Location
    dover, Pennsylvania
    (York County)
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    Default Re: out of state DUI

    Two time offender....I honestly don't know. Apply and find out.

    My personal opinion is that bars and guns don't mix as well as a Jager and Red Bull.

    I'm not gonna judge you but you first post is coming off kinda sketchy on your ability to make good choices.
    By failing to prepare, you are preparing to fail. Benjamin Franklin

  3. #3
    Join Date
    Apr 2013
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    717, Pennsylvania
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    Default Re: out of state DUI

    I recieved a DUI back in 2006 in new jersey when I was living there. I moved here in 2011 and I had no problems get my ltcf. I also had less problems here with my new employer since my job general required a spotless driver liceance. Me personally, I never drink and drive at all. I respect the other drivers out there, and if I do drink, I do in my own home. And on the rare occasion I'm out and have a drink, I get a taxi or call a flatbed to bring me and my car home. Much cheaper. . . . . .


    Im not a lawyer, but DUI is a a motor vehicle violation. Not a criminal act, there for is should not have an affect. Unless you crashed or its one of those states that like to charge you with attempted manslaughter, I would contact a lawyer to check.
    NRA Endowment Member, N-SSA #9526v

  4. #4
    Join Date
    Dec 2012
    Location
    jersey shore, Pennsylvania
    (Lycoming County)
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    Default Re: out of state DUI

    The second DUI itself is not a prohibitor. Two DUI's in six years might throw up a red flag to the Sherriff however, and he may deny you based on the character clause. I'm not familiar with the York county sherriff and how strict he is with the character clause. If you apply and are denied you will have to answer yes on future applications the the question of whether you have ever been denied a carry pemit.

  5. #5
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    Dec 2012
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    jersey shore, Pennsylvania
    (Lycoming County)
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    Default Re: out of state DUI

    Quote Originally Posted by Kid k View Post
    I recieved a DUI back in 2006 in new jersey when I was living there. I moved here in 2011 and I had no problems get my ltcf. I also had less problems here with my new employer since my job general required a spotless driver liceance. Me personally, I never drink and drive at all. I respect the other drivers out there, and if I do drink, I do in my own home. And on the rare occasion I'm out and have a drink, I get a taxi or call a flatbed to bring me and my car home. Much cheaper. . . . . .


    Im not a lawyer, but DUI is a a motor vehicle violation. Not a criminal act, there for is should not have an affect. Unless you crashed or its one of those states that like to charge you with attempted manslaughter, I would contact a lawyer to check.
    A DUI at minimum is an M2 conviction and carries a lot more weight than a summary motor vehicle offense. Some DUI's can be graded as M1's and would become automatic prohibitors from not only getting a LTCF but owning firearms in general. Also more than three DUI's in a five year period is an automatic prohibitor and will cost you your ability to own a firearm as well.

  6. #6
    Join Date
    Apr 2008
    Location
    Pocono`s, Pennsylvania
    (Monroe County)
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    Default Re: out of state DUI

    Quote Originally Posted by Kid k View Post
    Im not a lawyer, but DUI is a a motor vehicle violation. Not a criminal act, there for is should not have an affect. Unless you crashed or its one of those states that like to charge you with attempted manslaughter, I would contact a lawyer to check.
    You're not kidding you're not a lawyer. In Pa even a first time is a criminal offense and should be.

  7. #7
    Join Date
    Dec 2009
    Location
    Doylestown, Pennsylvania
    (Bucks County)
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    Default Re: out of state DUI

    If the first DUI was expunged then it doesn't exist in the eyes of the police. Technically, you only have one DUI so you should be fine.

  8. #8
    Join Date
    Dec 2007
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    Mohnton, Pennsylvania
    (Berks County)
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    Default Re: out of state DUI

    Quote Originally Posted by Jettagls00 View Post
    If the first DUI was expunged then it doesn't exist in the eyes of the police. Technically, you only have one DUI so you should be fine.
    If they were both in pa the expunged dui would come back and the second one would be his second within a in a year period. Since it's out of state I don't know. Things slip through the cracks when states have to communicate.

  9. #9
    Join Date
    Apr 2008
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    Pocono`s, Pennsylvania
    (Monroe County)
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    Default Re: out of state DUI

    Quote Originally Posted by Jettagls00 View Post
    If the first DUI was expunged then it doesn't exist in the eyes of the police. Technically, you only have one DUI so you should be fine.
    I'm looking at a case up here where they brought out a first that was in the program where it supposedly disappears and now they changed what technically would be number 2 to a 3rd offense. I guess it really doesn't disappear.

  10. #10
    Join Date
    Dec 2007
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    Mohnton, Pennsylvania
    (Berks County)
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    Default Re: out of state DUI

    eventually goes away as long as you're good. Used to be 7 years but now it's 10.

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