Buying a gun with duis

[COOLDAVIE]

Hi,new here. Hopefully I put this in the right spot. I recently tried buying my first AR . I had a pbj dui in md in 2016,and a first offense dui in pa in 2016. My background check went into research. I know it says you can't own one with 3 or more duis,so I should be able to get cleared correct?

[bug]

If your DUI conviction was a Misdemeanor 1 (M1) you will likely be prohibited. You must go back and investigate the details of your conviction. Good luck.

[COOLDAVIE]

Thank you.

[bug]

Thank you.

I just noticed your location. Was the conviction MD or PA? Either way, if the State misdemeanor (DUI) could have been punished by a max sentence of greater than 2 years, it prohibits by federal law.

[Gman106]

What's a Peanut Butter & Jelly DUI?

[gnbrotz]

What's a Peanut Butter & Jelly DUI?

"Probation before judgement". Similar to ARD, but different enough that it's actually still considered a "prior offense" in PA, rather than being later dismissed and expungable.

https://www.mystatecollegelawyer.com...-pennsylvania/

[COOLDAVIE]

I just noticed your location. Was the conviction MD or PA? Either way, if the State misdemeanor (DUI) could have been punished by a max sentence of greater than 2 years, it prohibits by federal law.

The pbj was md,I think the maximum sentence was up to 1 year. I got 1 year probation, and lost my license for 6 months. And one in pa same year. Got first offense at highest tier. 72 hrs- 6 months jail,lost my license for an additional year. But in news that won't help me in buying this gun,I've been sober since 2016

[gnbrotz]

The pbj was md,I think the maximum sentence was up to 1 year. I got 1 year probation, and lost my license for 6 months. And one in pa same year. Got first offense at highest tier. 72 hrs- 6 months jail,lost my license for an additional year. But in news that won't help me in buying this gun,I've been sober since 2016

You really need to consult an attorney. Based on what I read (and linked to above), I could make a hypothetical argument that you are prohibited from owning and possessing firearms.

Here's how I got there:

1. The link states that PBJs that happen in MD are considered prior offenses in PA. That means your PA DUI may be viewed as your *second* offense.

2. You stated that your PA DUI was the highest tier. Tier 3 offenses, when they are also a second occurrence, face a maximum penalty of 5 years (the actual sentence is irrelevant). A conviction with a possible sentence of that length makes you prohibited under federal law.

IANAL. Please talk to someone who is!

[bogey1]

A friend had two and he is now prohibited.

[COOLDAVIE]

Thanks.