PICS Denials in Southmont, PA
Should I try to buy a gun to see if I can legally own guns in Pennsylvania?
You should ABSOLUTELY NOT, UNDER ANY CIRCUMSTANCES try to buy a gun to see if you can legally own or possess firearms. In Pennsylvania, you can be charged with a felony if you are prohibited. Many people have made this costly mistake over the years. Even if a police officer or a gun store employee tells you otherwise, they would certainly not be willing or able to pay your legal fees and serve your criminal penalties in your place if you are prosecuted.
What to do after a PICS Denial or Undetermined Status in Southmont, PA
After a PICS Denial or Undetermined Status, it is very important to contact a firearms attorney as soon as possible. This is because there are very strict deadlines in place, and neither the dealer nor the Sheriff will be able to inform you of the reason for denial. DO NOT TRY TO CONTACT THE POLICE TO FIND OUT WHY, BECAUSE ANYTHING YOU SAY CAN BE USED AGAINST YOU IN CRIMINAL COURT. Make sure to keep good notes about the date and location of the denial and the name of the dealer or Sheriff’s Office. If you are denied a License to Carry Firearms (concealed carry license) due to a PICS Denial or Undetermined Status, the Sheriff must send written notice of the denial by certified mail. Make sure you do not lose that letter. You only have 30 days after a PICS denial or undetermined status to file a PICS Challenge. If you don’t file your PICS Challenge within 30 days, you cannot have it overturned. It is VERY IMPORTANT that you do not try to file a PICS Challenge unless you are absolutely certain that you are not prohibited from possessing firearms and are willing to face a felony and jail time if you are wrong. When you file the challenge, you will once again certify that the information you provide is subject to the penalty of a felony of the third degree and a misdemeanor of the third degree. Many people try to purchase a firearm and have no idea that something in their past makes them prohibited. An experienced firearms attorney will be able to ask you the right questions, gather the necessary documents and information and determine whether you are even eligible to own and possess firearms (or get a License to Carry Firearms) before submitting a PICS Challenge on your behalf. Because there is a 30-day deadline, it is very important to act fast, because 30 days is a very short amount of time to conduct the necessary investigation.
There are Many Good Reasons to Apply for a Southmont Pardon in Pennsylvania
The overwhelming majority of people contact us at The Gun Law Firm with the intention of restoring their firearms rights. But through the course of the process most people realize there are many other reasons they want a Pardon. Some of these include your reputation, your career, and your rights.
When someone calls our office who has a Southmont, PA conviction on their record, I don’t think of these people as “criminals.” These are hard-working, successful individuals who care about their family, but happen to have been convicted of a crime at some point in their life. These people are generally law-abiding, except for an isolated period in their life. With the internet, it is very easy to look up a person’s criminal history. Most people don’t want that information readily accessible to their co-workers and clients, because it doesn’t represent the person they are today. That’s why protecting your reputation is an excellent reason to apply for a pardon in Pennsylvania.
Convictions can also seriously limit your ability to advance your career. It may become difficult or even impossible to obtain certain licenses, certifications or clearances with a conviction on your record. Even individuals who own a business and have no “employer” can run into this problem. If you are self-employed, you can also lose business if your clients and customers see your convictions online. The people who call my office are typically motivated individuals who want to achieve their full potential. Advancing your career is not solely about personal satisfaction, it helps you better provide for your loved ones who depend on you. That is why many of my clients view a pardon as an investment rather than a cost. They want to get a better job or grow their business. If you are serious about achieving your goals and providing for your family, that is an excellent reason to apply for a pardon in Pennsylvania.
Many people don’t realize that a conviction can impact rights other than firearms. Your right to hold public office, your right to serve on a jury, and your right to vote could all be forfeited through a conviction. As Americans, we value these rights tremendously. Our ability to do our part in protecting our Constitutional Republic lessens dramatically if we are unable to participate in the political process or our judicial system. If you value your rights and value our country, restoring those rights is another great reason to apply for a pardon in Pennsylvania.
Can I buy a gun without a Southmont, PA background check in Pennsylvania?
If you might be prohibited from possessing firearms and can’t legally own a gun, it doesn’t matter whether you can buy a gun without a background check in Pennsylvania. Possessing a firearm would be illegal and can result in significant jail time. That being said, almost all firearms transfers in Pennsylvania require a background check through the Pennsylvania Instant Check System (PICS). Under federal law, when you buy a gun from a dealer, you must fill out a Form 4473 and submit to a background check. It doesn’t matter if you are buying the gun at the store itself or at a gun show. Under Pennsylvania law, most handgun transfers between private parties must go through a dealer or the Sheriff’s office, and require the appropriate paperwork (Form 4473 and SP 4-113) and a PICS Check. There are very limited exceptions for handgun transfers between parent/child, grandparent/grandchild, and between spouses, provided both parties are Pennsylvania residents. Handgun transfers between residents of different states must take place through a dealer in the recipient’s home state under federal law. Transfers of conventional long guns (non-NFA shotguns and rifles) can take place between legally eligible Pennsylvania residents without any paperwork or a PICS Check, though many people opt to still perform these transfers through a dealer to have proof of the transfer. If the parties do not both reside in Pennsylvania, the transfer of conventional long guns (non-NFA shotguns and rifles) MUST take place through a dealer under federal law. Even in the specific circumstances where the law does not require a background check, the transfer would result in a crime if the recipient can’t legally own a gun.
Southmont, PA PICS Denials
What to do when a PICS check gets denied
What is the difference between a Southmont, PA PICS Denial and an Undetermined Status?
Functionally, there is no difference between a PICS denial and an undetermined status. You are still subject to the same deadlines and will still need a successful PICS Challenge to proceed with your purchase or License to Carry Firearms (concealed carry license). Because of that, you should treat an undetermined status with the same approach and sense of urgency that you would a PICS denial. In the technical sense, with an undetermined status the PICS Challenge Unit will need additional information to make a determination. With a PICS denial, the PICS Challenge Unit believes it has information that serves as a basis for denial. It is important to note that neither of these designations suggest any particular outcome. A person who has been denied may not be prohibited, and a person with an undetermined status may in fact be prohibited. Again, you should treat them each with the same approach and sense of urgency.