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ARD? Gun permit??

Philadelphia, PA |

Can you obtain a Gun permit while on ARD DUI refusal??

Attorney Answers 3

Posted

I assume that you are questioning about the ability to obtain a concealed carry permit in PA. If so, I believe that the answer is yes IF you were only charged with DUI and related traffic offenses. Section 6109 of Title 18, the section referencing licenses, prohibits a person that is a "habitual drunkard" or a person "charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year." If you were charged with Fleeing and Eluding or some other offense that carries a sentence exceeding one year, then you would not be eligible. There are other exclusions listed, such as if you had a prior offense of violating the drug and cosmetic act (meaning a drug offense). However, as you were approved for ARD, I presume that you have a limited prior criminal history if any and thereby are likely to be eligible.

Jason S. Dunkle, Esquire
D & H Law Group, P.C.
State College, PA 16801

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Posted

Can you obtain it on probation through ARD?

Jason S Dunkle

Jason S Dunkle

Posted

If you are on the ARD program, then you are being supervised by the probation department. The answer remains the same. Generally, you only get ARD for a first offense DUI, and the maximum sentence is 6 months, so the fact that you are charged is not an exclusion. I understand that your ARD supervision is probably for a year, but the length of ARD is not a factor for license issuance purposes. The maximum sentence permitted by law for the charges filed is the important part. With a DUI refusal, you were charged with 3802(a)(1) of the Vehicle Code, and said charge has a maximum sentence of 6 months, so you appear to be eligible to apply.

David Wesley Cornish

David Wesley Cornish

Posted

Further and most importantly ARD will not result in a conviction when completed successfully and therefore you will have no issue obtaining a concealed carry permit.

Posted

Yes.

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Posted

Yes.

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