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Thread: Why Can't I get a permit

  1. #1
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    Hello all, newb here, found the site and have a question, now i;ll be honest through out so please, take it easy, let me just say i learned from my mistakes......

    O.k. I would like a CCW permit, but am on probation(theft, recv. stolen property, harassment bycommunication <-----fighting with ex about custody) all misdemeanors,and it was denied, due to convitction COULD have resulted in more than 1 yr. in jail, now from what i have read about all this i should be ABLE to get my permit, see here http://members.aol.com/StatutesP7/18PA6109.html as well as http://members.aol.com/StatutesP7/18PA6105.html

    according to what i see i would have to been convicted of a FELONY, not the misdemeanors. am i missing something? anyone have any insight on this? thanks

  2. #2
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    chesire17201 wrote:
    Hello all, newb here, found the site and have a question, now i;ll be honest through out so please, take it easy, let me just say i learned from my mistakes......

    O.k. I would like a CCW permit, but am on probation(theft, recv. stolen property, harassment bycommunication <-----fighting with ex about custody) all misdemeanors,and it was denied, due to convitction COULD have resulted in more than 1 yr. in jail, now from what i have read about all this i should be ABLE to get my permit, see here http://members.aol.com/StatutesP7/18PA6109.html as well as http://members.aol.com/StatutesP7/18PA6105.html

    according to what i see i would have to been convicted of a FELONY, not the misdemeanors. am i missing something? anyone have any insight on this? thanks




    Disclaimer: IANAL (I am not a laywer, for the newbie)

    Hello and welcome,

    I think there are two reasons:

    1. Nobody on probation is going to get a LTC.

    2. As you stated, you were convicted of crimes that each have a maximum sentence of more than a year imprisonment. Probation is orderedin lieu of of jail time. That does not alter the potential maximum sentence though. Two seperate crimes, eachwith a maximum sentenceof 8 months is much different than one crime with a maximum sentence of 16 months. You may want to talk to a lawyer about your options after you complete your probation, but I think your options are limited. Open carry may be your only choice after your probation. Which may be why you came to OCDO?

    § 6109(e)(1)(viii). does not mention misdemeanor or felony. Only the maximumsentence, and is very different than:

    § 6105. Which relates to: Persons not to possess, use, manufacture, control, sell or transfer firearms.



    § 6109. Licenses.
    (e) Issuance of license.--

    (1) A license to carry a firearm........ shall not be issued to any of the following:


    (viii) An individual who is charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year except as provided for in section 6123 (relating to waiver of disability or pardons).

    Basically, as I read it,

    § 6109(e)(1)(viii), means no permit.

    § 6105, for the reasons listed in the statute,means no guns, and then by default, no permit.

    Just my 1/50 of a dollar.Not much help for you, but I hope it clears things up a little bit.









    I can tell you've been Rady8ed, you have a nice glow about you.

  3. #3
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    o.k, thanks, missed viii, which explains it, now a totally different question, yes i am interested in open carry, being on probation, my officer has the authority to allow me to posses firearms, seeing as nothing i am on for is violent i am allowed to have them, i am guessing it would be wise to check with the prob. off. as to me open carrying before i do, as far as permit, i will wait till prob is done (july 07) and then see my attorney to file for expungement, seems to be the best option, aside from a florida or virginia, which if i read the requirements correctly on them it allows if it has been over 5 years since conviction, which it has......if i am wrong feel free to tell me, again i am no expert by any means.......thanks

  4. #4
    Founder's Club Member - Moderator Gray Peterson's Avatar
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    chesire, I would wait until your probation is over before even doing this.

  5. #5
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    Lonnie Wilson wrote:
    chesire, I would wait until your probation is over before even doing this.
    Agreed.

    I'm not so sure your PO can allow you to have a firearm. He may not care if you do, but I think it is a condition of probation to not be in contact with firearms.
    I can tell you've been Rady8ed, you have a nice glow about you.

  6. #6
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    actually it is a standardcondition of state parole/prob, not county, for county prob. it has to be specifacally stated not to possess firearms( my prob is done7-07, so no rush) , regardless though, i cannot ever get a PA. permit, due to the PA stipulations described earlier ( max Penalty) without having my record expunged,

    Hence i am looking at other sates non- resident permits, which i could get, VA is one but Pa does not honor it. so i search for others....looks like FL is o.k........so we'll see.....looks as VA is possible as well

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