Was Your PICS Application Denied?
The Pennsylvania Instant Check or PICS check is a background check that folks need to pass to buy or transfer a gun legally within PA. If the Pennsylvania State Police computerized background check called PICS denied you from buying or transferring a gun, you are in a world of trouble…. if you don’t get in front of this right away.
GET A LAWYER!
Additional recommended reading: Free Guide to PA gun charges
Time is of the essence. The sooner you get an attorney involved, the sooner we can get to work LESSING the consequences.This type of event is not merely a mistake. The police will not “understand” if you try to explain it. This PICS denial will ALWAYS be investigated. It will not go away. You need to act now to protect yourself. You are facing possible criminal charges that include possible felonies and misdemeanors which call for, depending on the circumstances, significant jail time. The quicker you get us involved, the quicker we can manage your way out of trouble or mitigate the consequences. And you need an attorney right away!
DO NOT FILE A PICS CHECK CHALLENGE WITHOUT FIRST TALKING TO A LAWYER.
The typical scenario goes like this.
You want to buy a gun. Maybe for self-protection. Maybe it’s for hunting. Or maybe because you, as a citizen, don’t need to have a reason to buy a gun. So, you go to the gun shop. You take the time to select out the gun or guns you want. You feel really great about it.
Then, you are given forms. One of the forms is a ATF form. Those in the industry call it the ATF 4473 form. One of the questions reads:
“”Have you ever been convicted in any court of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation? (See Instructions for Question 11.c.)”
You read it over. You pause. There was that 2nd offense DUI. So, you ask the gun shop clerk “Hey I had a DUI.” He says “DUI is not a felony. So check no.” You follow his directions. You sign and date the form.
Next, the clerk goes over to the computer. He comes back and says “Sorry. I can’t sell you the gun. You were PICS check denied. Here’s an appeal form.”
Shocked, stunned and embarrassed, you go home with that form. You put it to the side.
A few days later, you hear a knock at the door at supper time. It’s a state trooper in plain clothes. He smiles. He introduces himself. “I’m here about that gun you tried to buy. I’m investigating if the computer screwed up. Can I come in?” he warmly says.
And what you saw or do then is the key to your freedom or your long, long imprisonment.
Here is what we find to be the major cause of all of your trouble: Your lawyer for your older criminal case didn’t bother to tell you that if you plead guilty to that older charge that you will lose your gun rights forever. The problem is that your prior lawyer’s malpractice is not an excuse in the eyes of the government.
Recommended additional reading
- Attorney McShane’s open letter to the criminal defense community begging them to stop pleading folks guilty without explaining what a guilty plea does to the person’s gun rights
- Our Second Amendment Lawsuit against Harrisburg
Additional recommended reading: