Need advice on getting my license to carry back

**Envy257** · December 10th, 2014, 03:41 AM

Five years ago I caught a misdemeanor charge for simple possession of the schedule III. Long story short I came out of a pub my friend was unconscious in my vehicle turns out he was a drug addict. I called 911, panicked and through all the paraphernalia in a trashcan nearby. Hard to blame that on the unconscious guy so they charged me with possession. When the DA offered me a year probation, it was a lot better than a few years in the pen I could've served if I went to trial and lost. No doubt I made some poor decisions and learn some lessons along the way. However I'm 28 so five years seems like a lifetime ago. I know I'm a completely different person that I was five years ago. Either way I'm not asking advice on how to live my life I'm asking advice on if possible to get my license to carry back. I did not receive any weapons charges or any other charges for that matter. Has anyone gone through this process? How long should I wait before it's considered long enough?

Please spare me the life lessons talk, as tempting as it might be. It's not as easy to point out a junkie as one might think. And at the time my only other option was to drive down the road and kick him out in the cornfield and I don't think that would've been morally correct either. Even though that may have made my life easier. With the little CPR, a defibrillator, and some Narcan he did survive. And I would do the same thing again. I'm almost reluctant to post this in fear of the responses I'll get. Because I know what I would say.

Thanks in advance for any advice.

**jw34** · December 10th, 2014, 04:02 AM

I'd normally suggest contacting an attorney who specializes in firearms laws (like Josh Prince). But, um, um, ehhhh, ....that's a touchy subject at the moment.

**Curmudgeon** · December 10th, 2014, 04:14 AM

First, I'm not an attorney, but several of our members are. Situations like yours are not unheard of, even where the individual actually was the drug user or whatever.

The process usually involves waiting a certain number of years while (obviously) making your life look like your youthful indiscretions are long behind you. You have to try to get a pardon from the governor of the state in which the conviction occurred, and then get your record expunged. You're going to want to do all this with the help of an attorney who knows his way around and has a record of success.

I want to say the minimum wait is 10 years but I'm really guessing. Besides, do you want to ask our new Democrat anti-gun governor for this pardon? Let's just say you have some time to work on this.

Contact Gunlawyer001: http://forum.pafoa.org/members/1125-gunlawyer001/
...or just Google "Phil Kline" and give him a call.

The best answer I can give you is that I have heard/seen folks get their rights restored, so it is possible. Of course everyone's case is unique and your mileage may vary.

Good luck.

**jerkin** · December 10th, 2014, 09:32 AM

Curmudgeon gave you pretty much the exact same advice I was going to give. A governors pardon is your only chance and Gunlawyer001 is definitely who I would talk to about it as he seems to have a pretty good track record of getting them done. From what I remember him posting before on the process it is pretty much a one shot deal, mess it up the first time and you will never get one and he recommends waiting 10 years.

**God's Country** · December 10th, 2014, 09:42 AM

It would appear to me that you are prohibited from firearm possession of any kind, which includes a ltcf for life.

You would have been better off kicking your buddy into the corn field.
He screwed you for life unless you can get a pardon......not likely.

**ungawa** · December 10th, 2014, 10:18 AM

I don't know the drug laws, I read some lawyers' websites and boy are they scary.

I found conflicting info but all but one said your max sentence for Simple Sched III is one year. I do not believe you are federally prohibited. You might need to leave PA or get a pardon to carry. I think they like 10 years for a pardon but you should ask a lawyer.

Can you cite the statutory violation you were convicted of?

Just trying to give you some hope, because that's what it looks like to me. You really need a legal opinion.

**GunLawyer001** · December 10th, 2014, 11:40 AM

Plenty of people with minor drug convictions are allowed to buy and possess guns, but they are barred by PA law from getting a License to Carry. Depends on the exact charge.