concealed weapons permit in pa after ARD

[ysgkeeper]

I was on ARD 2 years ago and my charges are supposed to be dropped from my record, am i still able to get a pistol permit in pa??

[NavyLCDR]

I was on ARD 2 years ago and my charges are supposed to be dropped from my record, am i still able to get a pistol permit in pa??

That appears to depend entirely upon the Sheriff in the county where you live:

PSP

The sheriff has 45 days to conduct an investigation to determine an individual's eligibility to be issued a license. Included in the investigation is a background check conducted on the individual through the Pennsylvania Instant Check System (PICS) to determine if the records indicate the individual is prohibited by law. In accordance with 18 PA C.S. §6109, a sheriff may deny an individual the right to a License to Carry Firearms if there is reason to believe that the character and reputation of the individual are such that they would be likely to act in a manner dangerous to public safety.

If the PICS check is approved and the subject is of good character, the sheriff may issue a License to Carry Firearms. The issuance of a License to Carry Firearms allows individuals to carry a firearm concealed on or about their person, or in a vehicle throughout this Commonwealth. The license is valid for a period of five (5) years unless sooner revoked.

The only way you are going to find out is to apply for the License to Carry Firearms.

[ysgkeeper]

So on the permit application would i check no or yes that asks if i have ever been convicted of the controlled substance act, which i was only on ARD for 6 months and it was expunged. i got caught with less than a gram of pot and a pipe 2 years ago that wasnt mine and i have nothing else on my record.

[ysgkeeper]

i dont want to waste the money to do the application if they arent going to give me one.

[twogunwilly]

A lie will disqualify you and could be a perjury charge. Call them and ask..it's free

[ysgkeeper]

ok thank you

[NavyLCDR]

What people fail to realize when taking these "deferred prosecution" type deals is that they are pleading guilty to the charges and it is a conviction. For instance, what happens, in most cases, if the individual fails to adhere to all the requirements of their "rehab?" Usually they skip all processes beyond that and pay a fine and start serving associated jail time. If the person was truly "not guilty" by taking one of these deals, then why is there an associated penalty, aka "rehab", associated with the deal? Not guilty means not guilty - no penalty whatsoever.

Also, what happens when the person repeats the offense? If the record was truly expunged, wouldn't that person be able to take the first offense deal of deferred prosecution over and over again? But we know that is not the case. The repeat offender instead gets, "Well, you had one deferred prosecution or ARD.... that's it, that was your chance." But, wait, I thought that was expunged from the record, how did they find out about it? Hmmmm......

Believe me, the sheriff processing your application is going to see the ARD, charges dropped or expunged, whatever... there's going to be a record of it.

[ysgkeeper]

Right i know they will most likely see that on my record, but my thing is, the question asks if i have ever been convicted of a crime under the controlled substance act of April 14 1972? Technically yes i have been, but on the next page or back of the application says, explaining the act, has been convicted of an offense under the act of April 14 1972 known as the controlled substance act blah blah blah and than it says punishible by a term of imprisonment exeeding two years. i only had ARD for 6 months, i never did any jail time. i just dont want to put yes than they will just look at my application and say nope he isnt getting a permit. Or do i put no...i dont really understand and i called and the sheriff didnt really have an answer for me.

[mrjam2jab]

I'd recommend asking over on PA Firearm Owners Assoc. A lot of really knowledgeable folks over there.


oh and FYI....if you did get denied you'd only be out $5


PA 18 6109(h)(6)

(6) Except for the administrative fee of $5 under section 14(2) of the Sheriff Fee Act, all other fees shall be refunded if the application is denied but shall not be refunded if a license is issued and subsequently revoked.

[THE DUKE OF ESSEX]

If you can't get the answers you want from the Sheriff then call the D.A.'s office and talk with the D.A. They are usually the last word on any legal matters anyway. Just tell them your situation, and that way you have covered yourself.