PICS Denials in Montgomery County, PA
How can I find out if I can legally own a gun in Pennsylvania?
When you buy a gun in Montgomery 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.
Can I buy a gun without a Montgomery County 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.
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.
What happens after you submit a PICS Challenge in Montgomery 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.
Is it even possible to get a Montgomery County 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.
How to Contact a Gun Lawyer in Montgomery County for a Pennsylvania Pardon
At The Gun Law Firm, we know what it takes to bring out the very best in you when you apply for a Pardon in Pennsylvania. We have helped our clients get pardons and have sat through hundreds of hearings before the Board of Pardons since 2016. If you contact our office, we offer a free case strategy session by telephone. We will help you determine if a you are a good candidate for a pardon. You can call our office to schedule a free case strategy session. Because we are very busy helping people restore their rights, be sure to leave your contact information if you reach our answering service, and someone from our team will call you back shortly. If you prefer, you can fill out the “Contact Us” form on our website, and someone at our office will reach out to you as quickly as possible.