Our Firearm Attorneys have successfully challenged PICS Denials and Restored Firearm Rights for Citizens throughout the Lehigh Valley
Our Firearms Attorneys are well versed in the Second Amendment and have helped numerous local citizens on the path to firearm ownership. Whether you have encountered a PICS Denial, a LTCF Denial, set out on the path to Firearm Rights Restoration or face other issues related to firearms, the attorneys in our Easton office can help.
As the political winds change, so do the internal policies of the Pennsylvania State Police. Luckily we enjoy a favorable relationship with their legal team and often have been able to actually garner their support in protecting the rights of our clients.
We have successfully represented both law Enforcement Officers whom have experienced PICS Denials as well individuals with criminal records who have set out to have their Second Amendment rights restored.
PICS is an acronym for the Pennsylvania Instant Check System administered by the Pennsylvania State Police. The PICS system exists to keep us safe from individuals who should not be permitted to purchase firearms. Unfortunately, the PICS Unit can sometimes be overzealous in there denials based upon even where there are no prohibitive criminal charges. If you have a questionable PICS Denial, we may be able to help via a PICS Challenge & Appeal.
LTCF is an acronym for License To Carry Firearms, otherwise known as a concealed carry permit. The requirements for a LTCF are slightly more stringent that the standard PICS purchase requirements. If you have been permitted to purchase firearms but denied a LTCF, there may be valid reasons which we cannot assist you in alleviating. There may also be no valid reason for the denial. We are here to help.
The situations in which second amendment rights can be restored are fairly limited but yet we have been able to help many individuals on the path to firearm ownership. Generally, to be eligible for relief via pardon, an individuals must not have any felony or misdemeanor one (M1) convictions and have been conviction free for at least 5 years. There are other requirements as well but these are the bare minimum.
Pennsylvania’s firearms laws can be confusing and are riddled with exceptions and complications. There are circumstances where an individual may be permitted to possess firearms but not purchase them, yet other circumstances where an individual can purchase but not carry. These nuanced situations often lead to false criminal charges due to a lack of understanding by otherwise well intentioned police and prosecutors. Finally, there are many more situations where criminal charges are appropriate but the elevated grading is not. Our Criminal Defense Attorneys in Easton can help.
Our Firearms Attorneys understand the nuances of firearm cases, through experience. We understand that there is an exception to possessing a firearm in a vehicle if a family and household member is license for that firearm. (We also understand that this exception is questionable because there is no licensure for individual non-Title II firearms in Pennsylvania.) We understand that having three DUIs within five (5) years may prohibit citizens from purchasing new firearms but not necessarily from continuing to possess the ones which they already own. We understand that the federal prohibition against firearm ownership, due to domestic abuse, is more narrowly tailored than its common interpretation.
We understand these things through the due diligence we applied to the representation of previous clients with firearm issues.
The ability to possess a firearm is controlled by federal statute and Pennsylvania’s Title 18 Pa.C.S.A. Sec. 6105. Generally speaking one cannot possess a firearm if they have been convicted of any Felony (defined as a crime punishable by over 2 years of incarceration, whether one was actually incarcerated for that length of time or not), convicted of a Misdemeanor 1, subject to a PFA or involuntarily committed to a mental health institution. In addition to the previous listed conditions prohibiting ownership & possession, there are numerous other specific conditions that prohibit possession. Refer to Title 18 Pa.C.S.A. Sec. 6105 for a more complete explanation.
In addition to all the prohibitions against ownership listed above, there are a few extra circumstances that trigger a prohibition against purchasing. For example, Title 18 Pa.C.S.A. Sec. 6105(c)(3), a person convicted of three (3) DUIs within five (5) years may (under certain circumstances) still be allowed to possess a firearm but is prohibited from purchasing additional firearms.
Contact our office before submitting a SP4-113 Application. A false or inaccurate SP4-113 Application can have serious criminal consequences.
If you have completed the SP4-113 Application For Purchase of a Firearm and been denied pursuant to a PICS Check, you will be require to complete a PICS Challenge Form SP4-197 and submit it to the PICS Challenge Unit within 30 days of your denial.
We recommend speaking with an attorney before doing so.
If you’ve submitted a PICS Challenge Form SP4-197 and been denied, you should contact our Easton Firearm Rights Office. We may be able to help via an appeal to the Court of Common Pleas.
The restoration of firearm rights is a relatively obscure area of law but one that our office has had great success in. While restoration of gun rights after a felony conviction in Pennsylvania will require a pardon, restoration of firearm rights after a Pennsylvania misdemeanor conviction, or an out of state conviction, may be achievable even without a pardon or expungement. If you have a misdemeanor 3 or misdemeanor 2 conviction in Pennsylvania or an out of state conviction that is stopping you from owning a firearm, and have not have any arrests in the past ten (10) years, theres a good change our gun law attorneys can help you.