Are You Already Prohibited?
Most people, including most lawyers, do not know nearly enough about what disqualifies you from owning a gun in Pennsylvania. We have represented clients who were told by lawyers, prosecutors, judges, or police officers that they could legally own firearms when in fact they could not. Even worse, sometimes lawyers will make a firearms eligibility determination without having nearly enough information.
If you aren’t sure whether you are prohibited from possessing firearms, the consequences of guessing incorrectly are severe. Both state and federal law impose severe penalties possessing firearms when prohibited, including imprisonment up to 20 years depending on the basis for the prohibition. Beyond possession, prohibited Pennsylvanians who merely attempt to purchase a firearm are often charged with a felony (See 18 Pa.C.S. § 6111(g)(4)- Materially False Written Statement – Purchase Delivery Firearm).
Given what is at stake, determining firearms eligibility can require a thorough investigation by an attorney in your jurisdiction who is familiar with state and federal firearms laws. If there is any doubt regarding eligibility, it would be dangerous and risky to rely on a brief conversation and records publicly available online.
There are multiple reasons why a person could be prohibited from possessing firearms, including (but not limited to) convictions, juvenile adjudications, involuntary mental health treatment, certain restraining orders, and status of one’s discharge from the armed forces. Many people mistakenly believe that a Pennsylvania State Police background check, known as the Pennsylvania Access To Criminal History (“PATCH” or “EPATCH”), will show whether they can legally possess firearms. This is not true, and a PATCH is not an adequate substitute for an investigation. First of all, a PATCH can be inaccurate. Second, a PATCH does not include a wide variety of firearms prohibitions. Some examples include mental health treatment, restraining orders, out-of-state convictions, and even some Pennsylvania convictions.
A fast answer to whether somebody is prohibited can often be a costly and inaccurate one. If someone were to seek medical advice when their symptoms indicate they may have a serious condition, they would expect the doctor to run tests to confirm the condition or rule it out. It would be absurd for a doctor to reach a conclusion without all of the relevant information. Similarly, if there is any reason why a person might be prohibited from possessing firearms, it would be prudent to seek a firearms eligibility investigation.
We conduct firearms eligibility investigations for Pennsylvania residents on a daily basis. We also represent clients for PICS Challenges (Pennsylvania Instant Check System) when they are wrongfully denied. If we determine that a client is prohibited from possessing firearms, there are often options for restoration of rights.
Because every individual situation is different, we offer case strategy sessions at no charge so we can determine whether a firearms eligibility investigation or a PICS Challenge is appropriate.