Kenmar, PA Firearms Eligibility Investigations
Firearms Eligibility Investigations in Kenmar, PA
Learn more about Firearms Eligibility
Can I buy a gun without a Kenmar, 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.
If I had a Kenmar, 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.
Can I get an expungement in Kenmar, 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.
What is the difference between a Kenmar, PA 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.
A Pennsylvania Pardon can help restore your gun rights in Kenmar, 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.
