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Can I own a firearm?
#1
So over 20 years ago I was convicted on felony drug related charges and placed on Intensive Probation Program (IPP). I was told that similar to the ARD programs for lesser offenses that it if I ever repeated the charges could be brought up again and I could be retried. I never spent more than maybe a little over two weeks incarcerated and was released on my own recognizance. I was reading somewhere that if it was a non-violent felony and less then 100 days incarcerated, someone could still own a sidearm. I am not a violent person and have never had any issue since the foolishness of my youth. I am an upstanding citzen and would really like the opportunity to protect my household just like any other. Can anyone tell me if this part of the law is true and can I legally purchase a sidearm and possibly even carry? I do not want to go to dealer, run a background check and get a knock on my door a few days later from the ATF.
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#2
I would honestly consult with a attorney.
From my understanding there is Federal considerations and State considerations when it comes to this.
Pennsylvania has a process to restore gun rights but it wouldn’t relieve any Federal prohibitions.
That’s just my understanding but I’m not a lawyer and each case could have different implications a attorney could consult you on.



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#3
(02-26-2018, 02:40 PM)areigel Wrote: So over 20 years ago I was convicted on felony drug related charges and placed on Intensive Probation Program (IPP). I was told that similar to the ARD programs for lesser offenses that it if I ever repeated the charges could be brought up again and I could be retried. I never spent more than maybe a little over two weeks incarcerated and was released on my own recognizance. I was reading somewhere that if it was a non-violent felony and less then 100 days incarcerated, someone could still own a sidearm. I am not a violent person and have never had any issue since the foolishness of my youth. I am an upstanding citzen and would really like the opportunity to protect my household just like any other. Can anyone tell me if this part of the law is true and can I legally purchase a sidearm and possibly even carry? I do not want to go to dealer, run a background check and get a knock on my door a few days later from the ATF.

Like stated above, I would consult an attorney.  While many in the gun community try to keep up on all the nuances if the Federal, State, and local laws and regulations on the subject, a question like this is too nuanced to give a yes or no answer and be 100% correct.  Better to consult an attorney and be sure than take the word off "some guys" on the internet.
sgtsandman, proud to be a member of pa2a.org since Nov 2014.
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#4
You really need to consult with a criminal defense attorney who really knows the guns laws at both the federal and state levels.  Not all attorneys (even criminal defense attorneys) know the guns laws that will affect you.  In your case, even though you were put into a "program" that might not release you from being prohibited.  That is what a good attorney will be able to figure out.
Xringshooter, proud to be a member of pa2a.org since Sep 2012.
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#5
(02-26-2018, 02:40 PM)areigel Wrote: ~snip~

I do not want to go to dealer, run a background check and get a knock on my door a few days later from the ATF.

You can run a "Criminal History" check on your self here: 

http://www.psp.pa.gov/Pages/Request-a-Cr...ecord.aspx
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#6
This isn't legal advice just my understanding of the law. The law reads:


Quote:(2)  A person who has been convicted of an offense under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state, that may be punishable by a term of imprisonment exceeding two years.

So if you could have served more than 2 years, regardless of what was actually served, no guns.

BTW, any violation of The Controlled Substance, Drug, Device and Cosmetic Act means no license to carry.

Check this with a lawyer though.
darrenlobo, proud to be a member of pa2a.org since Dec 2013.
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#7
(02-27-2018, 01:48 PM)Xringshooter Wrote: You really need to consult with a criminal defense attorney who really knows the guns laws at both the federal and state levels.  Not all attorneys (even criminal defense attorneys) know the guns laws that will affect you.  In your case, even though you were put into a "program" that might not release you from being prohibited.  That is what a good attorney will be able to figure out.

I completely agree with you) Wink
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#8
(02-26-2018, 02:40 PM)areigel Wrote: So over 20 years ago I was convicted on felony drug related charges and placed on Intensive Probation Program (IPP). I was told that similar to the ARD programs for lesser offenses that it if I ever repeated the charges could be brought up again and I could be retried. I never spent more than maybe a little over two weeks incarcerated and was released on my own recognizance. I was reading somewhere that if it was a non-violent felony and less then 100 days incarcerated, someone could still own a sidearm. I am not a violent person and have never had any issue since the foolishness of my youth. I am an upstanding citzen and would really like the opportunity to protect my household just like any other. Can anyone tell me if this part of the law is true and can I legally purchase a sidearm and possibly even carry? I do not want to go to dealer, run a background check and get a knock on my door a few days later from the ATF.

I have a friend who works for a Firearm Consulting law firm. You can check out the law firm at the link below. Like everyone stated that is probably your best option.
[url=https://firearmsindustryconsultinggroup.com/][/url]
https://firearmsindustryconsultinggroup.com/
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