Need Advice getting guns back

[NewShooterGirl]

Sorry, new to forum, wasn't sure where to post but need some advice on getting guns back. Here is the reader's digest version. PFA issued, sheriff takes guns, gives receipt. PFA expired, 90 days later, applied to get guns back at Sheriff office Allegheny county - denied. Appealled, denied again. Now, state police are telling him it is because of a dui conviction from 13 years ago! Are you kidding?! One Westmoreland county lawyer said he won't be able to get them back, that he would have to sell them. He cited some federal law that won't allow him to have firearms. So meantime, my 2A rights are restricted because we live together. If this were the case, I would think PA Firearms Owners would be all over this and even the PA chapter of the NRA. We are talking 20 guns here (a few handguns and multiple hunting rifles.) Brother-in-law is a felon and good not return to parents home with guns in the home. We took possession of them. Father-in-laws hunting rifles are included in this and would like to pass down to son.

[ReconLdr]

Sorry, new to forum, wasn't sure where to post but need some advice on getting guns back. Here is the reader's digest version. PFA issued, sheriff takes guns, gives receipt. PFA expired, 90 days later, applied to get guns back at Sheriff office Allegheny county - denied. Appealled, denied again. Now, state police are telling him it is because of a dui conviction from 13 years ago! Are you kidding?! One Westmoreland county lawyer said he won't be able to get them back, that he would have to sell them. He cited some federal law that won't allow him to have firearms. So meantime, my 2A rights are restricted because we live together. If this were the case, I would think PA Firearms Owners would be all over this and even the PA chapter of the NRA. We are talking 20 guns here (a few handguns and multiple hunting rifles.) Brother-in-law is a felon and good not return to parents home with guns in the home. We took possession of them. Father-in-laws hunting rifles are included in this and would like to pass down to son.

IANAL, but a DUI conviction is not a disqualifier (that I'm aware).

[God's Country]

A DUI may be a disqualifier depending on the circumstances involved.

(3) A person who has been convicted of driving under the influence of alcohol or con¬trolled substance as provided m 75 Pa C S. §3802 (relating to driving under influence of alcohol or controlled substance) or the former 75 Pa C.S §3731, on three or more separate occasions within a five-year period. For the purposes of this paragraph only, the prohibition of subsection (a) shall only apply to transfers or purchases of firearms after the third conviction

Were there any other charges as a result of the DUI?

Did this person actually purchase any of these firearms himself from a FFL
after this conviction?

[NewShooterGirl]

Have of the guns were purchased by him, half were from his Dad, who has since passed. Does he have the receipts? I doubt it.

[NewShooterGirl]

Dui was a misdemeanors and I think it was maybe a small pot charge. Again over 13 years ago. Guy has been clean and sober for 13+ years.

[Gun]

Dui was a misdemeanors and I think it was maybe a small pot charge. Again over 13 years ago. Guy has been clean and sober for 13+ years.

Did he buy the firearms before the pot charge?

[JW1914]

Yeah I'm guessin it's the pot charge. Once you get hit with a drug conviction I am pretty sure you are fucked. Unless that charge got dropped or dismissed? Obviously stupid since everyone knows alcohol is much more of a "bad drug" then pot. But hey, that's the deal.

I had a charge dismissed years ago that was for a minor perscription pill that I didn't have a prescription too. Had some Tylenol 3's someone gave me for a killer tooth ache and bad luck a cop decided to search me illegally and found them. I was too young/dumb and broke to fight but it wouldn't have mattered, Nothing happened. Just had to pay a fine and the whole thing got dismissed. I couldn't buy any guns during that year though, I treid to buy a shotgun not knowing and I was denied. So it's probably more of that pot charge then the old DUI.

[NewShooterGirl]

I'm thinking there may have been a gun or two purchased after the pot misdemeanor. Hell, that had to be close to 25-30 years ago. Again, young and stupid! PSP letter indicates the dui. Again only 2, and they were several years apart. The most recent being 13 years ago. Either something isn't right in the system or someone isn't following the law and refusing to return them back to him. He thinks it may be because of the amount of guns - 20.

[NewShooterGirl]

Does anyone know of a Federal gun law that would go beyond what PA law says?

[theunrulychef]

A 2nd DUI? Isn't the max sentence for that like 5 years?

There is no law stating a maximum number of guns an individual can own in PA that I'm aware of.