Firearm Charge Defense Attorney
Gun Crime Defense in PA
When it comes to owning, possessing, procuring or transferring firearms, it is of the utmost importance that each and every step of the process be done by the book. A misfiled form or incorrect document could have serious legal consequences when firearms are involved. If you are interested in purchasing a firearm, obtaining a concealed carry license, challenging a denial of your right to possess a firearm or obtaining a concealed carry license or need help understanding any firearms laws, our firm is here to help.
Our knowledgeable firearms attorneys at Scaringi Law are here to help you obtain gun licenses, make firearm purchases, and handle other firearm issues such as the transfer of firearms . Our legal team is dedicated to providing each of our clients with comprehensive, proactive legal guidance as we work towards their ultimate legal goals. We have a thorough understanding of the firearm laws and regulations in Pennsylvania and we can work with you to secure the licenses or firearms you desire.
Call (717) 775-7195 or get in touch online to discuss your legal needs with our firearms lawyers.
Want to Purchase a Firearm or Obtain a License to Carry?
Purchasing a firearm or obtaining gun licenses can be far more complex than it seems. Any person who wishes to purchase a firearm through a Federal Firearms Licensee, must go through the Pennsylvania Instant Check System, PICS. This system is managed by the Pennsylvania State Police and is designed to provide gun suppliers with relevant background checks instantaneously to determine who is eligible to purchase a firearm. The PICS system is also used to determine eligibility for a license to carry a firearm. If you plan on purchasing a firearm or applying for a concealed carry license, our firm can help you prepare for the application process and evaluate any potential problems that might result in a PICS denial.
The application you are required to fill out in order to purchase a firearm is the ATF Form 4473 and the PA Form SP4-113. When applying for a license to carry concealed you fill out PA Form SP 4-127. All three forms are complex and confusing. Many attorneys have trouble understanding them. But if you make a mistake on any application you can be charged with a Felony. We have a very active criminal defense practice representing individuals who either did not understand the questions on these forms, did not understand their criminal record or other conduct or thought they could outsmart the PICS system. Those who provide false information on these federal or state forms can be charged with the Felony 18 Pa.C.S. §6111 and/or the Misdemeanor 18 Pa.C.S. §4904 Unsworn Falsification to Authorities.
If you have a criminal record of any kind, or any prior mental health issue or any involvement with any form of domestic violence, including Protection From Abuse actions, or drug abuse, you are strongly encouraged to contact Scaringi Law’s firearms attorneys BEFORE you apply to purchase a firearm or obtain a license to carry concealed. Don’t be the next criminal defendant. Call Scaringi Law before filling out these forms!
The Pennsylvania Instant Check System – Challenges and Appeals
If your application to purchase a firearm or obtain a license to carry concealed is denied contact Scaring Law right away. We can advise you on the criminal consequences of a denial. But, we can also examine your record and history and determine whether the PICS system made a mistake. If your application to purchase a firearm or obtain a license to carry concealed is denied, you have only 30 days to submit what is referred to as a PICS challenge. Our firm can work with you within the time limit to determine the reason for your denial and, if PICS made a mistake, we can help you file and pursue the PICS challenge. The PICS challenge forms are filed at the Pennsylvania State Police PICS Firearm Unit on Elmerton Avenue in Harrisburg, which is close to our Harrisburg Office Some of the common mistakes we have identified and successfully challenged:
- The record mistakenly lists your prior offense as a conviction when it was disposed of in some other way
- The record is actually someone else’s record who has the same or similar name as yours
- PSP takes the incorrect position your prior out of state offense is substantially equivalent to a Pennsylvania disqualifying offense
If your PICS challenge is ruled to be invalid, you have 30-days to appeal that decision to the Pennsylvania Attorney General who must conduct a new hearing on your case. We can help you litigate your case before the Attorney General.
Denial or Revocation of Your Concealed Carry License
Applications for a concealed carry license are made at the Sheriff’s office in the county in which you reside. You need a concealed carry license if you wish to carry your firearm concealed on your person or either concealed or unconcealed in your vehicle. Denials of concealed carry applications are handled through the PICS challenge process as described above. Be advised, the grounds to deny or revoke a concealed carry license are much broader than the grounds to deny a person the right to possess a firearm.
If the Sheriff revokes your firearms license you have 30 days to appeal to the Court of Common Pleas in your county of residence. There are specific provisions in the statute that you must follow in this case or you could be charged with a Summary Offense. If your license is revoked, contact Scaringi Law right away for a consultation. We can analyze the facts of your case and advise as to whether you have a good faith claim to appeal the revocation.
Restoration of Firearms Rights After a Mental Health Commitment
An involuntary mental health commitment disqualifies an individual and under Pennsylvania, 18 Pa.C.S. §6105 (c)(4), and federal law, 18 Pa.C.S. §922 (g)(4), from possessing a firearm. But if you are subject to a prior mental health commitment and desire ot have your firearms rights restored, there is hope. Our firm is very involved in restoring our clients’ firearms rights. Whether you have been unable to purchase a gun or unable to obtain a conceal and carry license, we can help you through the process of removing your disqualification and restoring your rights.
Expunging Prior Mental Health Commitments
Scaringi Law is one of the leading law firms in Pennsylvania in the practice of expunging involuntary mental health commitments under section 302 of the Mental Health Procedures Act. If we are successful in having your prior mental health commitment expunged, then the records of your commitment must be expunged and your firearms rights restored! We've had successful outcomes expunging prior 302 mental health commitments and the restoration of 2nd Amendment rights counties throughout Pennsylvania. We challenge section 302 involuntary commitments where:
- The evidence was insufficient to support the 302 commitment under 18 Pa.C.S. §6111.1 (g)(2).
- The strict procedural mandates of the Mental Health Procedures Act were not met.
- Our client’s Constitutional rights to due process were violated.
Challenging Firearms Disqualifications for Prior Involuntary Mental Health Commitments Other Than Via Expungements
Some clients, after consultation with our Scaringi Law firearms attorneys, decide to seek only the restoration of firearms rights, instead of an expungement of the prior mental health commitment. In these cases, Scaringi Law’s firearms attorneys will file a petition in state court seeking the restoration of the client’s firearms rights, under Section 6105 (f) of the Pennsylvania Uniform Firearms Act, and an “as applied” challenge in federal court to the Constitutionality of the federal prohibitions on our client’s right to possession firearms.
RESTORATION OF FIREARMS RIGHTS AFTER CONVICTION FOR NON-VIOLENT OFFENSE There is a long list of criminal offenses that disqualify an individual under federal or state law from possessing a firearm. In recent years, individuals have successfully challenged the application of those laws to them individually. These are called “as applied” challenges to the Constitutionality of 18 Pa.C.S. §6105 and 18 U.S.C. §922.
Scaringi Law is one of the leadings law firms filing lawsuits challenging the Constitutionality of the federal and state gun control laws that deny our clients, convicted of non-violent offenses, from the 2nd Amendment right to bear arms or obtain a concealed carry license.
We file “as applied” challenges in federal courts seeking the restoration of firearms rights for individuals who are disqualified under federal law for prior convictions for offenses such as 1st Degree Misdemeanor DUI and Theft among “non-serious” and non-violent offenses.
We file “as applied” challenges in state courts seeking the restoration of firearms right for individuals disqualified under 18 Pa.C.S. §6105 for convictions that are “non-serious” and “non-violent.”
If you are unable to obtain a firearm or a concealed carry weapon license (CCW), or other relevant firearm Licenses, we can help restore your firearms rights. Depending on your situation, we could either seek an expungement of your record or challenge the involuntary commitments in your past.
Whatever your situation, our practiced firearm attorneys are here to fight for your rights and help you procure the guns or licenses you need.
Charged with possession of a firearm? Call our attorney today.
Title II Firearms
Our firm assists individuals in the acquisition, transfer or other disposition of firearms regulated under Title II of the Gun Control Act of 1968 and the National Firearms Act (NFA). The NFA requires a tax to be paid to own, possess or transfer guns such as machine guns, short barreled rifles and shotguns, silencers or sound suppressors, and AOWs. There are serious consequences to violating any regulation involving Title II firearms. You are well advised to retain legal counsel when dealing with these firearms.
Curio and Relics
Another option for firearm collectors is a “Curios and Relics” license. With this license, firearms meeting certain criteria can be shipped directly to you. That criteria can generally be explained as the firearm having greater historic or collectable value than its value as a firearm.
We can help you obtain a C&R License. Ensure you understand the obligations and requirements to collect historical firearms in this manner.
Our firearms attorneys work in conjunction with our estate planning attorneys to create Gun Trusts. Gun Trusts are commonly used to for Title II firearms. A Gun Trust can do many things to allow for the ease of possession and transfer of Title II firearms including:
- Allow more than one person to use and possess the firearm
- Avoid having to pay transfer taxes and draft and execute transfer documents by keeping the firearms in the trust upon the owner’s death
- Avoid the cost and delay that would otherwise occur if the firearms had to go through the probate process