Shiremanstown, PA Pardons

Shiremanstown, PA Pardons

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

What if my Shiremanstown, 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.

What to do after a PICS Denial or Undetermined Status in Shiremanstown, 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 Shiremanstown, PA
What happens after you submit a PICS Challenge in Shiremanstown, PA?

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

PICS Denials in Shiremanstown, PA

PICS Denials in Shiremanstown, PA

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

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
Why It’s Important to Have a Gun Lawyer in Shiremanstown, PA

Why It’s Important to Have a Gun Lawyer in Shiremanstown, PA

There are many reasons why a person can’t legally own a gun in Pennsylvania. Most people don’t know all of these reasons, and even most lawyers don’t know all of these reasons. Many people are surprised when they find out some of the reasons you can’t legally own a gun. That is why it’s important to have a lawyer who specifically focuses on gun law help you determine if you can legally own guns. Gun laws are so complicated and so voluminous that many judges, police officers, prosecutors, and private attorneys get them wrong. When a mistake can lead to prosecution, it can cost you your freedom, your money, your reputation, and even your family. That’s why it’s important to have a gun lawyer who understands the ins and outs of Pennsylvania gun laws.

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