PICS Denials in Dalmatia, PA
If I have had a Dalmatia 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.
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.
Firearms Eligibility Investigations in Dalmatia, PA
Learn more about Firearms Eligibility
What to do after a PICS Denial or Undetermined Status in Dalmatia, 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.
What happens after you submit a PICS Challenge in Dalmatia, PA?
After Pennsylvania State Police (PSP) receives a PICS Challenge, they have five days to provide a response. This response is very important because it provides valuable information, including “Possible Reasons for Denial/Undetermined.” It is very important to keep this document because you only have 30 days to provide supplemental information. If your firearms attorney has already conducted an appropriate investigation, it will be much easier to provide PSP with the information necessary to issue a reversal letter. In the event that the reasons for denial/undetermined are completely unexpected (e.g. mistaken identity) the remaining time must be utilized to quickly gather the documentation necessary to overturn the denial.
What is the difference between a Dalmatia, 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.