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Can I get my concealed carry permit if I have 3 DUI convictions?

Reading, PA |

Will I be able to get my concealed carry permit in Berks County or be able to purchase a firearm in Pa if I have 3 DUI's within a 10 year period? I had my permit before and it expired in 2009. According to the ccw application, it asks if you have be convicted of 3 DUIs in a period of 5yrs or less, which I would answer "no". It also asks if you were convicted of a misdemeanor with a sentence that could be result in incarceration of over two years(not actual sentence received), which I would answer "yes". I was told that the firearms check and the concealed carry permit check is the same, is this true? Now, if denied would it be better to just let an attorney handle it or fill out the "Challenge Form" and try to do it myself? Thanks so much for your help!

Attorney Answers 2

Posted

If the DUI was a M1 then no because it carries a longer possible sentence of over 2 years. If the DUI was an ungraded Misdemeanor or M3 then you could possibly get it.

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Asker

Posted

I was told by a friend that is a probation officer that it is considered an M1.

Posted

The question on the CCW should have asked whether you have been convicted of a misdemeanor with a sentence that could result in incarceration of ONE year, not two years. I would check it again. The problem that comes up in these matters is that they are governed by both Pennsylvania and Federal law. Pennsylvania law, standing alone, does not prohibit your possession. It is the Federal law that prevents your possession (and thus your CCW) because of a conviction with a potential of one year or more of incarceration. Generally you must wait 10 years from the time of the conviction to apply in state court to remove the firearm disability.

David Bradley
Bradley Law Firm, LLC

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3 comments

Asker

Posted

Your right it is one year on the application. Typo on my part. I did apply for the Concealed Carry Permit and was denied. After review the Challenge Form, I cannot complete it and sign it because by doing so I agree that I was never convicted of a crime with the possibility of incarceration of over one year. Do I have any option to get this reversed without completing the Challenge Form? Thanks again.

David Bradley

David Bradley

Posted

Unfortunately, I believe you would have to wait out the 10 year period and then file a motion to lift the disability.

Asker

Posted

David I am in the same position as the person that asked the question but I have 2 DUI's 7 years apart my last DUI was a 2nd offender highest conviction over .16. I had my permit prior to this conviction then applied for my permit again after my jail time\probation the application was denied. I appealed this decision and it was denied again and the star troopers told me it was because of a federal mandate. I contacted my law firm I use for business to see what I could do and they were not sure. I spoke with 2 more attorneys and they said I will never be able to regain this right. I see that you said after 10 years it is possible. It has been about 6 years since my conviction is there anything I can do now? If not what has to be done in 10 years? I'm looking for a lawyer that can get this completed for me

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