Pennsylvania Firearm Owners Association
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  1. #1
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    Default DUIs prohibiting?

    An old friend of mine has had several DUIs. He's allowed to keep the firearms he currently owns but wants to buy something new. He doesn't want to try if he's prohibited from further acquisitions.
    Details: He's had 4 DUIs. The first two were within two years and the second two were within two years but there was gap of 8-10 between the two sets. Also it's been over 10 years since the last one.
    Adding he's been clean and sober since. Any proper information would be helpful.
    Again, asking for a friend. Really.
    Thanks

  2. #2
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    Default Re: DUIs prohibiting?

    First, IANAL.

    According to this chart on a law firm website (The Travis Law Firm):



    . . . the jail penalty for the 2nd DUI could be as much as 5 yrs. That exceeds the 1 yr term which I understand to be the prohibiting threshold . . . but that might not mean he's prohibited.

    However, the 4th DUI is a FELONY, with jail term potentially 7 yrs. And your friend had had four.

    He/she needs to see a firearms law attorney.

    Noah
    Wisdom and knowledge shall be the stability of thy times.

  3. #3
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    Default Re: DUIs prohibiting?

    He needs to speak with an attorney who is familiar with the issues and to potentially obtain a PSP Access and Review background check (because it is unlikely all the dockets will be available online), so that it can be determined if he is prohibited. The DUI Code has gone through a LOT of changed over the past 50 years (during our Penal Code, a single DUI was federally prohibiting, cause it could have been punished by 3 years). Depending on when he received them, the Code that was in place at the time...etc, it can all change whether or not he's prohibited and if so, whether under state and/or federal law and his options for relief.
    Joshua Prince, Esq. - Firearms Industry Consulting Group - www.PaFirearmsLawyer.com

  4. #4
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    Default Re: DUIs prohibiting?

    Criminal Access and Review...well there's six months down the drain, maybe more with the chirus in play. Obtaining that is, IMO, the best advice (but I'm just a schmo) as you would want to see exactly what the PSP will be seeing when they take a peek inside.
    If you're afraid of the people you represent, you might be doing something wrong

  5. #5
    Join Date
    Jun 2009
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    ::1, Pennsylvania
    (Chester County)
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    Default Re: DUIs prohibiting?

    Quote Originally Posted by Noah_Zark View Post
    . . . the jail penalty for the 2nd DUI could be as much as 5 yrs. That exceeds the 1 yr term which I understand to be the prohibiting threshold . . . but that might not mean he's prohibited.
    The 1 year term relates to federal offenses. It is up to 2 years for state offenses.

  6. #6
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    Default Re: DUIs prohibiting?

    Sig's advice is best, have them contact a lawyer to confirm the status and research it. DUI stuff is super confusing, my neighbor had got his 4th DUI last year and I was sure he'd be going to jail for a couple of years. He didn't even spend a day in jail and got 6 months of probation. His other ones were just spread out so far it was like it was treated as his first again, I think he said his last one was close to 15 years ago.

  7. #7
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    Default Re: DUIs prohibiting?

    A friend had 2 within 7yrs and he is now prohibited.

  8. #8
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    Default Re: DUIs prohibiting?

    Quote Originally Posted by bogey1 View Post
    A friend had 2 within 7yrs and he is now prohibited.
    He must have gone for the gold.
    If you're afraid of the people you represent, you might be doing something wrong

  9. #9
    Join Date
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    Ligonier, Pennsylvania
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    Default Re: DUIs prohibiting?

    My friend must fall in some odd legal twilight zone. He's not prohibited from owning firearms he had before his DUIs. He was able to legally have them returned after he served his sentence and completed his probation. His is such an odd legal status that he can't get a good definitive answer to whether or not he could pass a PICS.
    My guess is probably not. At least without going through research and a challenge.

  10. #10
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    Default Re: DUIs prohibiting?

    Quote Originally Posted by ScotsGuards View Post
    My friend must fall in some odd legal twilight zone. He's not prohibited from owning firearms he had before his DUIs. He was able to legally have them returned after he served his sentence and completed his probation. His is such an odd legal status that he can't get a good definitive answer to whether or not he could pass a PICS.
    My guess is probably not. At least without going through research and a challenge.
    I'm not aware of any legal status that allows "Keep the guns you already have, but you can't buy more." You're either prohibited, or your not.

    He's wise to try to figure things out rather than doing a "test run", but if an attorney finds info that isn't positive, the next step needs to be getting advice on how to legally dispose of what he has ASAP, before he has a much bigger legal problem to deal with.
    Get your "Guns Save Lives" stickers today! PM for more info.

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