PICS Denials in Milesburg, PA

PICS Denials in Milesburg, PA

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.

Can I get a License to Carry Firearms (Concealed Carry License) in Pennsylvania

If I had a Milesburg, 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.

If I had a Milesburg, PA PICS Denial does that mean I can’t Own a Gun?
How can I find out if I can legally own a gun in Pennsylvania?

How can I find out if I can legally own a gun in Pennsylvania?

When you buy a gun in Milesburg, PA, the dealer must run a background check called a PICS Check (Pennsylvania Instant Check System). You can only run a PICS Check in connection with a transfer or if you are applying for a License to Carry Firearms (concealed carry license). When you are filling out the paperwork to buy a gun or apply for a License to Carry Firearms (concealed carry license) you should NEVER GUESS for any of your answers. If you fail the background check (PICS denial) when you are trying to buy a gun in Pennsylvania, you could face criminal prosecution for a felony! Even if you thought you answered the questions correctly, many people are still prosecuted for their mistake. At The Gun Law Firm, we have performed firearms eligibility investigations for our clients since 2016 to avoid this problem. We thoroughly review our clients’ criminal records, mental health records, and much more to determine whether you can legally own a gun in Pennsylvania.

PICS Denials in Milesburg, PA

PICS Denials in Milesburg, PA

If you have had a PICS denial in Milesburg, 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 Milesburg, 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 happens after you submit a PICS Challenge in Milesburg, PA?

What happens after you submit a PICS Challenge in Milesburg, 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.

Can I buy a gun without a Milesburg, PA background check in Pennsylvania?

Can I buy a gun without a Milesburg, 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.

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