PICS Denials in Saltsburg, PA
How can I find out if I can legally own a gun in Pennsylvania?
When you buy a gun in Saltsburg, 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.
What is the difference between a Saltsburg, 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.
PICS Denials in Saltsburg, PA
If you have had a PICS denial in Saltsburg, 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 Saltsburg, 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 Saltsburg, 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 Saltsburg, 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 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.