PICS Denials in Hemlock Farms, PA
Can I get an expungement in Hemlock Farms, 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.
Pardons in Hemlock Farms PA
A Pennsylvania Pardon can help restore your gun rights in Hemlock Farms, 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.
Can I buy a gun without a Hemlock Farms, 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 happens after you submit a PICS Challenge in Hemlock Farms, 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 to do after a PICS Denial or Undetermined Status in Hemlock Farms, 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.