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

Asked over 2 years ago - 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)

  1. Ellis B. Klein

    Pro

    Contributor Level 14

    Answered . 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.

  2. David Bradley

    Contributor Level 12

    Answered . 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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