PICS Denials in Belmont, PA
What is the difference between a Belmont, 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.
Can I get an expungement in Belmont, PA
There are only three reasons you can expunge a conviction for a misdemeanor or felony in Pennsylvania. First is if you are 70 years of age or older and free of arrest or prosecution for ten years. Second is you have been dead for 3 years. Third is if you have been granted a Governor’s Pardon (executive clemency). Most people who are seeking to expunge their criminal convictions are not 70 years of age, and nobody seeking expungement has been dead for three years. Most people who want to expunge their criminal convictions in Pennsylvania need a Pardon.
Can I get a License to Carry Firearms (Concealed Carry License) in Pennsylvania
Even if you can legally own a gun, you still might not be able to get a License to Carry Firearms (concealed carry license) in Pennsylvania. For example, even very minor drug offenses can render you ineligible for a License to Carry Firearms in Pennsylvania. Under 18 Pa.C.S. § 6109, if you have been convicted of any offense under the Controlled Substance, Drug, Device and Cosmetic Act you are ineligible for a License to Carry Firearms. That means that if you have been convicted of even a minor drug crime in Pennsylvania, such as possession of a small amount of marijuana or possession of drug paraphernalia, you can’t get a License to Carry Firearms even if your conviction is very old. This is true even if you pleaded guilty and only paid a small fine. If there is a chance you may have been convicted of misdemeanor drug crime in Pennsylvania, you should not apply for a License to Carry Firearms without a firearms eligibility investigation.
If I have had a Belmont PICS Denial in the past, will I be denied again?
If you have had a PICS denial in the past, the chances are you will be denied again. There are some reasons why a person can be temporarily prohibited from possessing firearms, but these situations are more rare. Even if your PICS denial is based upon inaccurate information, the Pennsylvania Instant Check System (PICS) will still contain that information without a successful challenge. That is why it is so important to handle a PICS denial or undetermined status with a sense of urgency and contact an experienced firearms attorney as soon as possible.
Firearms Eligibility Investigations in Belmont, PA
Learn more about Firearms Eligibility
Can I buy a gun without a Belmont, 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.