PICS Denials in York County, PA
York County PICS Denials
What to do when a PICS check gets denied
What happens after you submit a PICS Challenge in York County?
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.
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.
How can I find out if I can legally own a gun in Pennsylvania?
When you buy a gun in York County, 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.
If I have had a York PICS Denial in the past, will I be denied again?
If you have had a PICS denial in the past, the chances are you will be denied again. There are some reasons why a person can be temporarily prohibited from possessing firearms, but these situations are more rare. Even if your PICS denial is based upon inaccurate information, the Pennsylvania Instant Check System (PICS) will still contain that information without a successful challenge. That is why it is so important to handle a PICS denial or undetermined status with a sense of urgency and contact an experienced firearms attorney as soon as possible.
What is the difference between a York County 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.