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610-436-1410Applying for a gun permit in Pennsylvania is straightforward, but filling out government forms can be tricky. Did you know that an honest mistake on your application could trigger a background check flag?
In many cases, it’s easily resolved. Here’s what you need to know if you think you might have made a mistake on your Pennsylvania firearm application.
Pennsylvania uses the Pennsylvania Instant Check System (PICS) to screen gun permit applications. PICS handles more than a million background checks annually.
Most background checks are approved automatically within minutes, but some are placed on a research status. Those can be cleared manually by operators digging deeper into the applicant’s status and past. In the most recent data, 97.7% of background checks initiated were approved.
While most checks are approved quickly, discrepancies can lead to a delay. This doesn’t necessarily mean you’re denied – it just means they need to verify some information.
If your firearm application is denied or flagged, you may be contacted by a law enforcement agency. They’ll have a copy of your application and may reach out to schedule an interview.
That is the point you should call a firearms rights lawyer. Cooperate with the agency, but do not agree to an interview without a lawyer present. You should not give any statements to the agency without a lawyer there to help you answer questions the police ask.
You can face felonies or misdemeanors if you’re accused of falsifying the information on your firearm application, whether you meant to deceive the government or made an error.
Under 18 PA Cons Stat §6111(g)(4), it is a third-degree felony to knowingly and intentionally make a false oral or written statement, or to present a false ID, during the purchase, delivery, or transfer of a firearm. Conviction can lead to up to seven years in prison and fines up to $15,000.
18 PA Cons Stat §4904 addresses false statements made to mislead public servants. It is a second-degree misdemeanor charge applies for submitting any known false written statement or document to mislead public servants. You could be sentenced to up to two years in jail and a $5,000 fine.
You could be charged with a third-degree misdemeanor for making a false written statement on a form. This is punishable by up to one year in prison and a $2,500 fine.
All hope is not lost when you’ve been charged with a falsifying information on a firearms application charge. Everyone is presumed innocent until proven guilty, and you can work with an attorney to fight against a conviction.
If you’re charged with making a false statement when purchasing a firearm, the prosecution must prove intentional deceit. They’ll need to convincingly distinguish between deliberate falsehoods and genuine mistakes.
The prosecutor will also need to prove you were the one who actually completed the form or made the false statement. By exercising your right to remain silent or working with an attorney during any investigative interviews, you should be able to keep any incriminating comments out of the record.
Not always, but you may be alerted that your application was flagged, along with the reason why. You may be notified that your application was outright denied.
You could have the right to appeal if your firearm application was denied. You may need to include additional documentation to prove the PICS flag was made in error.
Yes, a conviction can lead to a prohibition on future firearm ownership, as it often results in a felony record. This prohibition can also extend to other rights and privileges.
When you’re accused of lying on your gun ownership application, you’ll be facing the Commonwealth’s resources, or even federal agencies. You don’t need to do this alone. Your attorney can review your charges, devise a defense strategy, and represent you in conversations with investigators or in court.
Your gun rights attorney will understand the panic you must feel when facing criminal charges. Finding the right lawyer can give you peace of mind and help you fight for your rights.
Filling out government forms can be confusing, especially when legal jargon is involved. If you’ve unintentionally provided incorrect information on your firearm application, it could lead to serious legal consequences. Don’t face these charges alone.
At Skinner Law Firm, we understand the complexities of firearm laws and will vigorously defend your rights. Whether you’re facing misdemeanor or felony charges related to false statements on gun applications in Chester County or the surrounding areas, we’re here to provide expert legal guidance and representation.
Contact us today to schedule your free consultation. Call 610-436-1410 or reach out online. or reach out online. Your future deserves experienced legal advocacy.
By Michael Skinner |
12 Sep, 2024