Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Dec 2009
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    Default Concealed Carry denial.

    Hey guys, I was just recently referred to this site from 'the high road' by jahwarrior72. I posted a thread there asking opinions on what to do in my situation regarding a concealed carry permit. The story goes like this. Years ago when I was young and dumb I was charged with a DUI, and a possesion charge. I did everything I was supposed to, paid the fines, blah blah blah. I recently applied for a concealed carry permit and was denied because I had plead guilty to a drug offense. I was told that I could appeal it to the State Police, I did so and was again turned down. My question is, where to go from here. I'd like to be able to have a concealed carry permit one of these days. I am currently in the Military and I feel that if the government trusts me to carry an M16 and M9 in Iraq I should damn well be able to carry here.

    Thanks in advance for any advice.

  2. #2
    Join Date
    Mar 2008
    Location
    Lewistown, Pennsylvania
    (Mifflin County)
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    Default Re: Concealed Carry denial.

    My best suggestion would be find out exactly what charges you plead guilty to
    then look here
    http://www.acslpa.org/pa_uniform_firearms_act.htm
    and see what the prohibiting offense was
    then follow the steps to receive your LTCF(license to carry firearms)
    Or just contact an attorney and let him do it since he knows where are the legal land mines are.
    Audaces fortuna juvat

  3. #3
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    Oct 2008
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    Toms River, New Jersey
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    Default Re: Concealed Carry denial.

    The DUI goes away, the drug possession is a different animal all together. Not sure but you might be done as far as getting a carry permit. A friend of mine had the same situation and was turned down for his F.I.D. card here in NJ. They flat out turned him down because of the drug possession. Pa. may be different.
    The answer to a fool is silence.

  4. #4
    Join Date
    Apr 2009
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Concealed Carry denial.

    Your best bet is to talk to an attorney. I don't know what you pled guilty to and the expunging process...

    You can't change your past so be wary of the future. You did wrong. Nothing will change that but money and time.

  5. #5
    Join Date
    Mar 2006
    Location
    Mountain Top, Pennsylvania
    (Luzerne County)
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    Default Re: Concealed Carry denial.

    ANY possession conviction is prohibiting for life in regards to obtaining a Pa. License to Carry Firearms (LTCF) per 18Pa.C.S.6109(e)(1)(ii)
    Only option is for a expungement or pardon.

    Contact a good attorney (preferably with gun/expungement experience) and prepare to spend a few K to play the game which you may not win.

    Sucks, but that's the laws out elected reps created.
    _________________________________________

    danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
    you won't, I will not sit with my thumb up my bum and complain, because you will.
    Remember Meleanie

  6. #6
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    Nov 2008
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    GA, Georgia
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    Default Re: Concealed Carry denial.

    do you have to carry on a non resident license in PA??? if not id get a Florida it issues non resident and they only deny for 3-5 years for drug possession iirc

  7. #7
    Join Date
    Apr 2009
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    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Concealed Carry denial.

    Quote Originally Posted by rmodel65 View Post
    do you have to carry on a non resident license in PA??? if not id get a Florida it issues non resident and they only deny for 3-5 years for drug possession iirc
    I'm not 100% sure, but I don't think you can get a FL Non-Res with a PA Non-Res. I think you have to be a full resident..

  8. #8
    Join Date
    Jul 2007
    Location
    Bangor, Pennsylvania
    (Northampton County)
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    Default Re: Concealed Carry denial.

    Quote Originally Posted by Smalls View Post
    I'm not 100% sure, but I don't think you can get a FL Non-Res with a PA Non-Res. I think you have to be a full resident..
    What??? I don't understand what you're trying to say.

    To the OP:
    IMO...If the US Military accepted you & you serve honorably & once 10 yrs have passed since your offence & you have kept your nose clean.....with a lawyer you stand a decent chance of getting a pardon/expungment.

  9. #9
    Join Date
    Nov 2006
    Location
    Reading, Pennsylvania
    (Berks County)
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    Default Re: Concealed Carry denial.

    Quote Originally Posted by reverserboy View Post
    What??? I don't understand what you're trying to say.

    To the OP:
    IMO...If the US Military accepted you & you serve honorably & once 10 yrs have passed since your offence & you have kept your nose clean.....with a lawyer you stand a decent chance of getting a pardon/expungment.
    Per the statutes you can only have an offense expunged if not convicted, upon reaching the age of 70, or 3 years after your deceased.

    Not sure where you got 10 years from

  10. #10
    Join Date
    Apr 2009
    Location
    Fruitland Park, Florida
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    Default Re: Concealed Carry denial.

    Quote Originally Posted by jsmithxd View Post
    Per the statutes you can only have an offense expunged if not convicted, upon reaching the age of 70, or 3 years after your deceased.

    Not sure where you got 10 years from
    Maybe from here:

    (d) Exemption.--A person who has been convicted of a crime specified in subsection (a) or (b) or a person whose conduct meets the criteria in subsection (c)(1), (2), (5), (7) or (9) may make application to the court of common pleas of the county where the principal residence of the applicant is situated for relief from the disability imposed by this section upon the possession, transfer or control of a firearm. The court shall grant such relief if it determines that any of the following apply:

    (1) The conviction has been vacated under circumstances where all appeals have been exhausted or where the right to appeal has expired.

    (2) The conviction has been the subject of a full pardon by the Governor.

    (3) Each of the following conditions is met:

    (i) The Secretary of the Treasury of the United States has relieved the applicant of an applicable disability imposed by Federal law upon the possession, ownership or control of a firearm as a result of the applicant's prior conviction, except that the court may waive this condition if the court determines that the Congress of the United States has not appropriated sufficient funds to enable the Secretary of the Treasury to grant relief to applicants eligible for the relief.

    (ii) A period of ten years, not including any time spent in incarceration, has elapsed since the most recent conviction of the applicant of a crime enumerated in subsection (b), a felony violation of The Controlled Substance, Drug, Device and Cosmetic Act or the offense which resulted in the prohibition under 18 U.S.C. § 922(g)(9).
    I Am Not A Lawyer, and I don't even play one on the internet. Never mistake my opinion for legal advice. If you do need legal advise, seek it from those who get paid to give it, I know I do.

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