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I was pleasd guilty to 2x counts of CS13A16 - Possession of

a controlled substance in April...
I was pleasd guilty to 2x counts of CS13A16 - Possession of a controlled substance in April 2002 when I was 20 years old. I received 3 months of probation and court costs.I'm able to purchase a firearm in Pennsylvania, but was denied my permit to carry. Looking at the requirements for Pennsylvania I see the following;1) Has been convicted of, or adjudicated delinquent in the past ten years for, any offense under The Controlled Substance, Drug, Device and Cosmetic Act (35 Pa. Stat. Ann. § 780-101 et seq.);2) Has been charged with, or convicted of, a crime punishable by more than one year of imprisonment;The link where I found this information.
http://smartgunlaws.org/concealed-weapons-permitting-in-pennsylvania/I believe #1 is what my misdemeanors fell under. Since this occurred 15 years ago I believe I'm OK there? Does CS13A16 carry a maximum of more than 1 year? If so, does that still present a road block?
Thanks
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Answered in 1 hour by:
4/22/2017
Bill Attorney
Category: Criminal Law
Satisfied Customers: 1,496
Experience: Attorney
Verified

Dear Customer,

You quoted a piece of PA code in relation to carrying a firearm in PA.

Because your offense is over 10 years old then you are no longer prohibited under this section and ca reapply for a permit.

The sec

  • Is not 21 years of age;
  • Has a character and reputation indicating the applicant would be likely to act in a manner dangerous to public safety;
  • Has been convicted of, or adjudicated delinquent in the past ten years for, any offense under The Controlled Substance, Drug, Device and Cosmetic Act (35 Pa. Stat. Ann. § 780-101 et seq.);
  • Does not qualify to possess a firearm under Pennsylvania law or has been convicted of, or adjudicated delinquent in the past ten years for, any of the crimes which disqualify individuals from firearm possession under Pennsylvania law (see the Pennsylvania Background Checks and Prohibited Persons in Pennsylvania sections for more information);
  • Is not of sound mind or has ever been committed to a mental institution;
  • Is addicted to or an unlawful user of marijuana or a stimulant, depressant or narcotic drug;
  • Is a habitual drunkard;
  • Has been charged with, or convicted of, a crime punishable by more than one year of imprisonment;
  • Is an undocumented alien;
  • Has been dishonorably discharged from the armed forces;
  • Is a fugitive from justice;
  • Is otherwise prohibited from possessing, using, manufacturing, controlling, purchasing, selling, or transferring a firearm as provided by Pennsylvania law; or
  • Is prohibited from possessing or acquiring a firearm under the United States Code.4"

Hence you must also not be prohibited under federal law.

Federal law prohibits possession and carrying when:

" a person convicted of a crime punishable by imprisonment exceeding one year"

However if you are ineligible due to this federal law you can apply for a presidential pardon by submitting an application tot he pardon attorney:

https://www.justice.gov/pardon/pardon-information-and-instructions

If you are entitled under both federal and State law you can re-apply for a permit now.

"

Please be patient for my follow up and answer when you request additional clarification or information and REMEMBER TO RATE POSITIVELY TODAY FOR THE INFORMATION RECEIVED.

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Attorney Bill

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Customer reply replied 7 months ago
Thank you Bill. One thing I'm not clear on pertains to the federal law you mention.The actual charge under Pennsylvania's drug policy I was charged with was CS13A16 or posession of a controlled substance. I can't find anything confirming other than legal blogs, but it looks like the max penalty is 1 year. The federal law does not hold me up then?

That's correct if the max penalty is one year then it's a misdemeanor not a felony and the federal law won't hold you up.

Please remember to rate positively my response before exiting.

THIS IS HOW I GET A CREDIT FOR MY TIME AND RESPONSE

SO I HOPE YOU RATE 5 STARS TODAY

Thanks

Attorney Bill

Bill Attorney
Category: Criminal Law
Satisfied Customers: 1,496
Experience: Attorney
Verified
Bill Attorney and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 7 months ago
Thanks Bill. Cheers
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Bill Attorney
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