PICS Denials in Walnutport, PA
Walnutport, PA PICS Denials
What to do when a PICS check gets denied
Can I legally own a Gun in Pennsylvania?
You have decided you want to be a gun owner. But there are many reasons why people can’t legally own a gun in Pennsylvania. Many crimes that are not violent, and are not felonies, can still prohibit you from possessing firearms. You can’t legally own a gun in Pennsylvania if you have certain misdemeanor convictions. People who were hospitalized for mental health treatment for a 302, or involuntary committed for a 303 or 304 in Pennsylvania can’t legally own or possess guns. Even if your criminal case or mental health treatment happened when you were a juvenile (when you were a minor, or under 18) it could still prevent you from legally owning a gun. There are many more reasons why a person can’t legally own a gun in Pennsylvania. If a person is caught possessing a firearm in any manner when they are legally prohibited, they could face severe penalties, including a lengthy prison sentence.
PICS Denials in Walnutport, PA
If you have had a PICS denial in Walnutport, 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 Walnutport, 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.
A Pennsylvania Pardon can help restore your gun rights in Walnutport, 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.
If I had a Walnutport, 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.
