Ernest, PA Firearms Eligibility Investigations
What to do after a PICS Denial or Undetermined Status in Ernest, 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.
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.
Why It’s Important to Have a Gun Lawyer in Ernest, PA
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.
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 is the difference between a Ernest, 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.
What happens after you submit a PICS Challenge in Ernest, 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.