PICS Denials in Coatesville, PA
Can I legally own a Gun in Pennsylvania?
You have decided you want to be a gun owner. But there are many reasons why people can’t legally own a gun in Pennsylvania. Many crimes that are not violent, and are not felonies, can still prohibit you from possessing firearms. You can’t legally own a gun in Pennsylvania if you have certain misdemeanor convictions. People who were hospitalized for mental health treatment for a 302, or involuntary committed for a 303 or 304 in Pennsylvania can’t legally own or possess guns. Even if your criminal case or mental health treatment happened when you were a juvenile (when you were a minor, or under 18) it could still prevent you from legally owning a gun. There are many more reasons why a person can’t legally own a gun in Pennsylvania. If a person is caught possessing a firearm in any manner when they are legally prohibited, they could face severe penalties, including a lengthy prison sentence.
Can I buy a gun without a Coatesville, 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.
What to do after a PICS Denial or Undetermined Status in Coatesville, 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.
A Pennsylvania Pardon can help restore your gun rights in Coatesville, PA
We believe in the right to protect yourself and your loved ones, so we help hard-working successful individual restore their gun rights. Most people would not be able to live with themselves if their spouse or child were harmed and a conviction stopped them from adequately protecting their family. A pardon is often the only way to restore your gun rights if you are prohibited from possessing firearms based on a Pennsylvania conviction. Do not be fooled into thinking that you will restore your rights with Clean Slate Limited Access or Limited Access petitions, because criminal justice agencies will still be able to see your convictions and use them against you. Some people even erroneously call these “expungements” even though the records will not be destroyed and the petitioner will still be prohibited from possessing firearms. The famous saying is “there are no shortcuts” and when it comes to restoring your rights from a Pennsylvania conviction, that saying rings true.
Is it even possible to get a Coatesville, PA Pardon in Pennsylvania?
Yes! We have helped many people get a pardon in Pennsylvania. But you have to be the right candidate. There are a number of factors that are frequently considered by the Pennsylvania Board of Pardons. Based on our years of experience, we can help you determine if you are a good candidate for a pardon and if it is the right avenue for you. Contrary to what many think, it is not some longshot like winning the lottery or being struck by lightnight.
