What if my Monaca, PA PICS denial investigation shows that I can’t legally own a gun?

What if my Monaca, 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.

Monaca, PA PICS Denials

What to do when a PICS check gets denied

What to do after a PICS Denial or Undetermined Status in Monaca, 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 to do after a PICS Denial or Undetermined Status in Monaca, PA
PICS Denials in Monaca, PA

PICS Denials in Monaca, PA

If you have had a PICS denial in Monaca, 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 Monaca, 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.

How to Contact a Gun Lawyer in Monaca, PA after a PICS Denial or Undetermined Status

As soon as possible after a PICS Denial it is important to have a gun lawyer in Monaca, PA start to work on your case. Because there are very strict deadlines involved, every day matters. At The Gun Law Firm, we know what it takes to fight PICS denials, because we have helped our clients overturn erroneous PICS denials since 2016. If you contact our office, we offer a free case strategy session by telephone. We will help you determine if a PICS Challenge is the right path for you. You can call our office to schedule a free case strategy session. Because we are very busy helping people and protecting gun rights, be sure to leave your contact information if you reach our answering service, and someone from our team will call you back shortly. If you prefer, you can fill out the “Contact Us” form on our website, and someone at our office will reach out to you as quickly as possible.

How to Contact a Gun Lawyer in Monaca, PA after a PICS Denial or Undetermined Status
Can I get an expungement in Monaca, PA

Can I get an expungement in Monaca, 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.

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