ARD and Firearms Possession
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Thread: ARD and Firearms Possession

  1. #1

    ARD and Firearms Possession

    A friend of mine recently got nailed for DUI and is going through the ARD program. He had been considering purchasing his first firearm, getting a permit, etc., but was told by a co-worker (who apparently has extensive knowledge of DUI stuff) that while in the ARD program, one may not possess a firearm, even in their own house.

    I'll admit that it's been a while since I've read the PA UFA, but I'm pretty sure there wasn't anything like that in there. Can anyone point to any statutes that would preclude someone enrolled in ARD from possessing a firearm?

    I ask in advance that you please spare me the speech about how alcohol and firearms don't mix, how a DUI is a sign of someone who should not own firearms, or any other such "advice".
    The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first. - Thomas Jefferson

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  3. #2
    Join Date
    Jan 2010
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    Butner, North Carolina, United States
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    Thumbs down ARD and Firearms Possession

    I hate to say this, but I sure don't want to see someone with a CCW permit, a handgun, and a DUI conviction. That's just me though. Here in NC that is one of the things the Sheriff checks... your criminal background check, and it better be clean.
    MSgt, USAF (ret), Life Member - NRA, Life Member - NAHC,
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    Member - Oathkeepers

  4. #3
    Quote Originally Posted by Ed Hamberger View Post
    I hate to say this, but I sure don't want to see someone with a CCW permit, a handgun, and a DUI conviction. That's just me though. Here in NC that is one of the things the Sheriff checks... your criminal background check, and it better be clean.
    Thank you for completely ignoring the last sentence, and in general not answering my question.
    The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first. - Thomas Jefferson

  5. In colorado a simple DUI will not prevent owning but will impact getting a CCW. Depends on the state.

  6. #5
    Join Date
    May 2010
    Location
    York, Pennsylvania
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    147
    Found here... 18 Pa.C.S. 6105: Persons not to possess, use, manufacture, control, sell or transfer firearms

    More specifically...



    18 Pa.C.S. 6105: Persons not to possess, use, manufacture, control, sell or transfer firearms:

    (g) Other restrictions.--Nothing in this section shall exempt a person from a disability in relation to the possession or control of a firearm which is imposed as a condition of probation or parole or which is imposed pursuant to the provision of any law other than this section.
    I am not a lawyer, but to try to put this in layman's terms as best I can...

    Under ARD, probation, or parole, basically the "accused" enters into an agreement as to the terms of the ARD, probation, or parole. One of the terms of the agreement is, no possession of firearms.

    So it is more of an agreement than a statute. Your friend always had the right to stand trial and take his chances. ARD (for example) is just an opportunity to take the easy way out.

    Hope this helps, if I've explained it well enough. I was recently a participant in this very same conversation, and this is the understanding I took from it.


    Edited To Add: It is my understanding that your buddy should be clear to possess/carry once he has completed his ARD. The same statute I listed above in 1605(c)(3) shows that 3 DUIs or more in a 5-year period becomes a prohibited person. Also understand that his local Sheriff's Office may elect to deny a PA LTCF under the "character and reputation" clause for something less than the "3 or more DUIs in 5 years" stipulation.
    .

  7. #6
    Quote Originally Posted by utimmer43 View Post
    Thank you for completely ignoring the last sentence, and in general not answering my question.
    That was pretty harsh to say to someone that appeared to try to be helping you. Just saying...
    -Austin

  8. #7
    Join Date
    May 2010
    Location
    York, Pennsylvania
    Posts
    147
    Just my opinion, not that you asked for it I didn't find the OP's response to be harsh* at all. In fact, I thought it was rather appropriate.



    *harsh... 3. Severe, cruel, or exacting:

    ...from here... harsh - definition of harsh by the Free Online Dictionary, Thesaurus and Encyclopedia.

  9. #8
    Quote Originally Posted by Austin View Post
    That was pretty harsh to say to someone that appeared to try to be helping you. Just saying...
    When someone asks for clear cut facts, opinions are not helpful. Such is the problem with internet forums.

    Quote Originally Posted by Curmudgeon View Post
    Found here... 18 Pa.C.S. 6105: Persons not to possess, use, manufacture, control, sell or transfer firearms

    More specifically...





    I am not a lawyer, but to try to put this in layman's terms as best I can...

    Under ARD, probation, or parole, basically the "accused" enters into an agreement as to the terms of the ARD, probation, or parole. One of the terms of the agreement is, no possession of firearms.

    So it is more of an agreement than a statute. Your friend always had the right to stand trial and take his chances. ARD (for example) is just an opportunity to take the easy way out.

    Hope this helps, if I've explained it well enough. I was recently a participant in this very same conversation, and this is the understanding I took from it.


    Edited To Add: It is my understanding that your buddy should be clear to possess/carry once he has completed his ARD. The same statute I listed above in 1605(c)(3) shows that 3 DUIs or more in a 5-year period becomes a prohibited person. Also understand that his local Sheriff's Office may elect to deny a PA LTCF under the "character and reputation" clause for something less than the "3 or more DUIs in 5 years" stipulation.
    .
    THANK YOU!! Exactly what I was looking for. I had remembered the 3 DUIs in 5 years part, but I was 99% sure there wasn't anything about ARD specifically. That it could be a condition of the program, imposed by the judge makes sense to me now.

    Thanks again.
    The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first. - Thomas Jefferson

  10. ARD is different from probation or parole as it is a "suspended prosecution". For one to be put on probation one must be convicted of a crime, and for one to be released on parole one must have served time in prison after (or before) their conviction and be released before the end of their entire sentence. ARD is different in that there is no conviction but instead extended litigation. Your buddy signed a waiver relinquishing his right to a speedy trial but ask him if he signed anything that stated that he was not to possess weapons. Don't get me wrong, your friend wouldn't be able to buy a firearm or get a License to Carry Firearms because he is awaiting disposition but If he already has a firearm it can not be taken away because there is NO CONVICTION, and if he has his License to Carry Firearms, It should not be suspended because there is NO CONVICTION.

  11. Guns on the property - PA

    Somebody in my household is on the ARD program for a non violent misdemeanor case and in the paper the person signed it says that the person should not possess any weapons or have weapons on the property. Now I have a carry permit and do own several guns that are in safe boxes. I was told by the parole officer that I could not keep my guns even locked eventhough I have not committed any crime. How should I deal with this situation. Thanks

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