South New Castle, PA Firearms Eligibility Investigations
What if my South New Castle, 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.
Can I buy a gun without a South New Castle, 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.
A Pennsylvania Pardon can help restore your gun rights in South New Castle, 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 get an expungement in South New Castle, 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.
Is it even possible to get a South New Castle, PA Pardon in Pennsylvania?
Yes! We have helped many people get a pardon in Pennsylvania. But you have to be the right candidate. There are a number of factors that are frequently considered by the Pennsylvania Board of Pardons. Based on our years of experience, we can help you determine if you are a good candidate for a pardon and if it is the right avenue for you. Contrary to what many think, it is not some longshot like winning the lottery or being struck by lightnight.
Can I apply for a South New Castle, PA Pardon in Pennsylvania by myself?
Certainly. But if you are serious about your pardon, you may want the assistance of an attorney who is experienced with the pardon process rather than trying to “learn as you go” as you do it for the first time. We pride ourselves on knowing what it takes to bring the absolute best out of our clients to help us portray the true person you have become to the Board of Pardons during this important opportunity for a second chance. We know the ins and outs of the pardon process helping us make a stressful experience as smooth as possible for our clients. Many of our clients are too busy with their own careers, businesses and families to spend a bunch of time trying to figure out a brand new process. There is so much on the line during the pardon process, such as your future, your family, your career, and your rights. It makes sense why our clients would rather trust a professional with a wealth of experience.