Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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

I was pleasd guilty to...
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
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 hour by:
4/22/2017
Bill Attorney
Category: Criminal Law
Satisfied Customers: 2,613
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.

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

Ask Your Own Criminal Law Question
Customer reply replied 1 year 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: 2,613
Experience: Attorney
Verified
Bill Attorney and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 year ago
Thanks Bill. Cheers
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Bill Attorney Your Own Question
Bill Attorney
Bill Attorney
Bill Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 2,613
2,613 Satisfied Customers
Experience: Attorney

Bill Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,153 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,984 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,638 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,255 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
Am I allowed to purchase a firearm in PA with an arrest from
Am I allowed to purchase a firearm in PA with an arrest from 2003 ? I was arrested for Possession of marijuana when I was 16 in New York. … read more
LegalGems
LegalGems
Juris Doctorate
12,519 satisfied customers
Denied a conceal carry permit due to a 1998 marijuana
denied a conceal carry permit due to a 1998 marijuana conviction, sentence didn't exceed one year… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
Colorado mesa county weapon offence prohibited use
colorado mesa county weapon offence prohibited use (misdemeanor) and crimes against person reckless endangerment (misdemeanor) would these charges prevent me from getting a conceal carry permit?… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,847 satisfied customers
In Aurora Colorado, can an 18 year old legally own, and possess
In Aurora Colorado, can an 18 year old legally own, and possess a handgun by means of open carry?… read more
Dimitry Esquire
Dimitry Esquire
Attorney at Law
Doctoral Degree
113 satisfied customers
I was arrested for posession of marijuana in Pennesylvannia
I was arrested for posession of marijuana in Pennesylvannia in 1974. If sentenced, what would have been the maximum.sentence. I am attemping to register a fire arm in the District of Columbia and want… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If you have been convicted of a felony and paid you debt to
If you have been convicted of a felony and paid you debt to society can you own a fire arm. Thanks Sk… read more
LawyerLady07
LawyerLady07
298 satisfied customers
I need to know if it is legal for a convicted felon to purchase,
I need to know if it is legal for a convicted felon to purchase, own, and posses a Crossbow in the state of Virginia? Specifically I am looking for a legal reference to site in the event I encounter a… read more
Barrister
Barrister
Criminal Defense Law
Doctoral Degree
1,255 satisfied customers
Will paying a TSA civil penalty of $250 for accidentally bringing
Will paying a TSA civil penalty of $250 for accidentally bringing a box of ammunition on my carry on show up on my record for future job applications? Will it affect my ability to buy firearms?… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,248 satisfied customers
I got a domestic violence charge vacated last year in washington
I got a domestic violence charge vacated last year in washington state.Is any legal possible way for me to get my gun rights restored.Thank you… read more
S. Huband, Esq.
S. Huband, Esq.
Attorney
Doctoral Degree
1,621 satisfied customers
I have 3ea.misdemeanors:1.Domestic violence conviction with
I have 3ea.misdemeanors:1.Domestic violence conviction with no weapons. 1991-1992.2.weapons charge under the influence at a shooting range. Lowest charge I can't remember either class C or D. 1992-199… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
In the state of pennsylvania (delaware County) can your probation
In the state of pennsylvania (delaware County) can your probation officer violate your probation for being on a narcotic medication that you are prescribed by a doctor and you have a note saying that … read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I attempted suicide via overdose of xanax and signed a voluntary
I attempted suicide via overdose of xanax and signed a "voluntary" commitment document in a hearing in the hospital. I was in the hospital for 72 hours and was only given the meds that I normally take… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
if 10 years ago i was given 20 hours community service for
if 10 years ago i was given 20 hours community service for allegedly purchasing a six pack of bear for a minor would this make me ineligible to obtain a concealed carry firearm permit. I dont even thi… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,898 satisfied customers
is it possible to get my gun rights restored after a felony
is it possible to get my gun rights restored after a felony conviction non violent in missouri… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
I was convicted of two felonies in 1975. They were for drugs.
I was convicted of two felonies in 1975. They were for drugs. I have had a clean record and have been a responsible voting citizen and now retired. I would like to get a conceled weapon Licence for a … read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
convicted of disturbing the peace. can i buy a gun also would
convicted of disturbing the peace. can i buy a gun? also would i be able to get a conceiled weapons permit in idaho.… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What is the minimun sentence for possession of a ...
What is the minimun sentence for possession of a firearm by a convicted felon? The original charge was arson but it was 20 years ago… read more
Michelle
Michelle
Doctoral Degree
2,604 satisfied customers
In the state of Virginia if a felon resides in home of ...
Dear lolajeanfindsout No. I do not believe that was the legislative intent of the law. If someone was renting a residence, they cannot be expected to know that the LL has firearms. That would be a vio… read more
Michelle
Michelle
Doctoral Degree
2,604 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x