Hazen, PA Pardons
PICS Denials in Hazen, PA
If you have had a PICS denial in Hazen, PA, 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 Hazen, PA 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.
What to do after a PICS Denial or Undetermined Status in Hazen, 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 if my Hazen, PA 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.
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 had a Hazen, PA PICS Denial does that mean I can’t Own a Gun?
Not necessarily! Just like everything else in the world, the Pennsylvania State Police and the Pennsylvania Instant Check System are not perfect. At The Gun Law Firm, we have helped a tremendous number of clients get erroneous PICS denials overturned over the years. But much like a medical emergency, the sooner you get medical attention the better your chances of survival will be. Particularly due to the short, strict deadlines in place, it is important to have a firearms attorney on your side as soon as possible after a PICS denial.
There are Many Good Reasons to Apply for a Hazen Pardon in Pennsylvania
The overwhelming majority of people contact us at The Gun Law Firm with the intention of restoring their firearms rights. But through the course of the process most people realize there are many other reasons they want a Pardon. Some of these include your reputation, your career, and your rights.
When someone calls our office who has a Hazen, PA conviction on their record, I don’t think of these people as “criminals.” These are hard-working, successful individuals who care about their family, but happen to have been convicted of a crime at some point in their life. These people are generally law-abiding, except for an isolated period in their life. With the internet, it is very easy to look up a person’s criminal history. Most people don’t want that information readily accessible to their co-workers and clients, because it doesn’t represent the person they are today. That’s why protecting your reputation is an excellent reason to apply for a pardon in Pennsylvania.
Convictions can also seriously limit your ability to advance your career. It may become difficult or even impossible to obtain certain licenses, certifications or clearances with a conviction on your record. Even individuals who own a business and have no “employer” can run into this problem. If you are self-employed, you can also lose business if your clients and customers see your convictions online. The people who call my office are typically motivated individuals who want to achieve their full potential. Advancing your career is not solely about personal satisfaction, it helps you better provide for your loved ones who depend on you. That is why many of my clients view a pardon as an investment rather than a cost. They want to get a better job or grow their business. If you are serious about achieving your goals and providing for your family, that is an excellent reason to apply for a pardon in Pennsylvania.
Many people don’t realize that a conviction can impact rights other than firearms. Your right to hold public office, your right to serve on a jury, and your right to vote could all be forfeited through a conviction. As Americans, we value these rights tremendously. Our ability to do our part in protecting our Constitutional Republic lessens dramatically if we are unable to participate in the political process or our judicial system. If you value your rights and value our country, restoring those rights is another great reason to apply for a pardon in Pennsylvania.