PICS Denials in Westmoreland County, PA
PICS Denials in Westmoreland County, PA
If you have had a PICS denial in Westmoreland County, the chances are you’re confused and don’t know why you have been denied. If you were denied the purchase of a firearm from a dealer in Westmoreland County at a gun store or a gun show, a PICS denial or Undetermined Status is the reason. If you were denied a License to Carry Firearms (concealed carry license) it is usually because of a PICS denial or Undetermined Status, but can be due to “character and reputation” as decided by the issuing authority. Under federal law, when you buy a gun from a dealer, you must fill out a Form 4473 and submit to a background check. In Pennsylvania the background check is called a PICS Check (Pennsylvania Instant Check System). With a PICS Check, the Pennsylvania State Police serve as a point of contact for the NICS (National Instant Check System), which is run by the FBI. Under Pennsylvania law, most handgun transfers between private parties must go through a dealer which require the appropriate paperwork (Form 4473 and SP 4-113) and a PICS Check. The law also allows the transfer to take place at the Sheriff’s Office, who will still run 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.
Why It’s Important to Have a Gun Lawyer in Westmoreland County
There are many reasons why a person can’t legally own a gun in Pennsylvania. Most people don’t know all of these reasons, and even most lawyers don’t know all of these reasons. Many people are surprised when they find out some of the reasons you can’t legally own a gun. That is why it’s important to have a lawyer who specifically focuses on gun law help you determine if you can legally own guns. Gun laws are so complicated and so voluminous that many judges, police officers, prosecutors, and private attorneys get them wrong. When a mistake can lead to prosecution, it can cost you your freedom, your money, your reputation, and even your family. That’s why it’s important to have a gun lawyer who understands the ins and outs of Pennsylvania gun laws.
How to Find the Right Westmoreland County Gun Lawyer
The right gun lawyer will be very familiar with Pennsylvania gun law and frequently handle cases like yours. At The Gun Law Firm, we help people determine if they can legally own a gun every day with firearms eligibility investigations. It is not necessary to meet in-person to perform a firearms eligibility investigation and determine if you can legally own a gun. Because our law firm focuses on firearms laws, we have been able to help people in 42 different counties in Pennsylvania from Philadelphia to Pittsburgh and everywhere in between. We have even been able to help people who have Pennsylvania crimes or mental health treatment (302, 303, 304) but no longer live in Pennsylvania.
Can I buy a gun without a Westmoreland County 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.
What if my Westmoreland County PICS denial investigation shows that I can’t legally own a gun?
An investigation by an experienced firearms attorney is always valuable after a PICS denial, even if it turns out you are prohibited from possessing firearms and can’t legally own a gun. There are two primary areas of concern after a PICS denial when a person is in fact prohibited: 1) criminal prosecution, and 2) restoration of rights. If you fail the background check (PICS denial) when you are trying to buy a gun in Pennsylvania, you could unfortunately face criminal prosecution for a felony. Even if you thought you answered the questions correctly, many people are still prosecuted for their mistake. It is important to never make any statements to the police about your case without a lawyer present who is very familiar with firearms laws. There also may be an avenue to restore your rights if you are prohibited. At The Gun Law Firm, we have helped people restore their firearms rights since our inception.