Convictions That May Revoke Your Concealed Carry License - Pennsylvania concealed carry permit disqualifications - Worgul, Sarna & Ness

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Criminal Convictions That May Disqualify You From a CCW Permit in Pennsylvania

Charged With a Crime in Pennsylvania? It May Affect Your CCW Permit

Under the Second Amendment, we have the right to bear arms. However, this right is not unlimited. This means that under certain circumstances, your right to carry a gun can be revoked. A criminal conviction is one of these reasons.

If you are accused of a crime in the Pittsburgh area and worried that it may limit your right to carry an otherwise legal firearm, you can review all your options and pursue an outcome that protects your record and ability to own firearms. Contact Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC today at (412) 281-2146 to schedule a free consultation with a criminal lawyer near you.


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Impact of Criminal Convictions on a Pennsylvania Concealed Carry License

According to the Gun Control Act, any person under indictment for or has been convicted in any court of a crime punishable by at least one year in prison is not permitted to carry a gun.

This means that after your arrest for any state or federal crime, your concealed carry permit will be revoked. Under federal law, no convicted felon may purchase or be in possession of a firearm. But, the concealed carry laws for people convicted of misdemeanors depend on state law.

What Misdemeanors Disqualify You From Owning a Gun in PA?

In Pennsylvania, a misdemeanor conviction can disqualify you from owning a fun if it’s a domestic violence conviction or if you spent more than two years in prison for the misdemeanor. Pennsylvania law 18 PA. C.S. 6105(c)(2) makes it illegal to possess or own a gun as a result. In general, this should not include most simple possession charges or possession of a small amount of marijuana.

A few other factors which can disqualify you from owning a gun in Pennsylvania include:

  • Being a fugitive from justice
  • Having a conviction for a controlled substance crime that carries a prison sentence of more than two years
  • Having three or more DUI convictions within five years
  • Being adjudicated mentally incompetent or involuntarily committed to a mental institution
  • Being a non-U.S. citizen who is in the United States unlawfully
  • Being the subject of an active protection from abuse order
  • Having been convicted of failing to relinquish firearms under a protection from abuse order

Pennsylvania Concealed Carry Permits

Pennsylvania is a “shall-issue” state for concealed carry licenses. This means that, in general, the issuance of a carry license is automatically issued after a 45-day background check to any adult over 21 who has taken a handgun or firearm safety course. However, there are exceptions:

  • People likely to endanger public safety,
  • Individuals convicted of certain drug or controlled substance crimes,
  • Mentally ill adults,
  • People adjudicated delinquent in a juvenile court within the last ten years,
  • Habitual drunkards,
  • Convicted felons,
  • Individuals convicted of a DUI more than three times in a five year period,
  • Individuals convicted of domestic assault crimes, and
  • Illegal immigrants.

Almost all serious criminal convictions and any violent convictions result in the loss of your concealed carry permit in Pennsylvania. The good news though, is that misdemeanors will not necessarily revoke your license.

Will I Lose My Gun Rights for a Pennsylvania DUI?

If you are arrested for a first or second DUI this will not affect your ability to carry a firearm.

The one common problem people run into with concealed carry permits after misdemeanor crimes is regarding drug possession charges. In Pennsylvania, the most minor drug convictions will often lead to your concealed carry license being revoked. For this reason, you need to be aware of the potential consequences of a drug conviction on your gun carry rights before sentencing.

Contact an Experienced Pennsylvania CCW Lawyer Near You To Help Protect Your Gun Rights

pennsylvania criminal defense lawyer near you

With an experienced Pittsburgh defense attorney, you may be able to mitigate the charges in order to avoid losing your concealed carry license. If you have been arrested for any crime that could cause you to lose your concealed carry permit, contact us at Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC today at (412) 281-2146. We will fight to get your case the best outcome possible.


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