What Happens if You Fail a Background Check for a Gun in PA?

Michelle Wilson - July 25, 2023

There is a myriad of opinions when it comes to the subject of guns, particularly surrounding safety. Ideally, if one were to acquire a firearm of any kind, the distributors and suppliers want to make sure that they are selling to a trustworthy patron. More to the point, they want to ensure that the potential owner is aware of the regulations and does not have a sketchy history regarding weapons of this nature. Whatever your opinion may be on guns and gun ownership, we can all agree that running a background check is a vital step in selling a gun.

Background checks must be performed on anyone interested in purchasing guns from firearms dealers. The overall procedure examines a person’s history for any felony convictions, court orders, or other reasons as to why they cannot legally own a gun. Some states are stricter than others, but the varying severity doesn’t negate the importance of the check. Pennsylvania is an example of one of the more relaxed states pertaining to gun laws, but it does not mean that there are no consequences. The likely outcome of failing a background check for a gun in Pennsylvania is the denial of a purchase of the firearm. However, there is more ground to cover to explain why this is.

PA Gun Laws

In the state of Pennsylvania, those who are 21 years of age or older are eligible to apply for a license to carry firearms. They need to fill out an application for a Pennsylvania License to Carry Firearms and then submit it to the sheriff of the county they currently live in. Prospective gun owners who live in Philadelphia (i.e., the city of the first class in PA) need to submit the application to the chief of police. With this license, people can carry a concealed firearm throughout the state either on their person or in a vehicle.

Unless the license is revoked, it will be valid for a total of five years. It is important to note that having a license does not equate to automatically being permitted to purchase a gun. Anyone who wishes to buy a firearm from an authorized dealer must be subjected to a background check, and only when it’s completed (and they receive official approval) can they purchase the gun.

Pennsylvania Background Checks

When compared to other states, the gun laws in Pennsylvania are comparatively more lenient. A notable example of this is the fact that a license is not necessarily required to buy a gun. With that said, gun owners still need to have a concealed carry permit if they want to carry their firearms around in public. Despite this admittedly lax system, the state still demands that a background check be run on people – both residents and non-residents – who want to buy a firearm in the state.

These examinations of a person’s background are performed and evaluated by the Pennsylvania State Police. Furthermore, it is largely a straightforward process that rarely, if ever, creates problems for the average individual who is buying a gun. The main objective of these checks is to look into a person’s past and see if there is any legitimate reason why they cannot be legally permitted to purchase a gun. Gun dealers in the state of Pennsylvania are, by law, obligated to execute a background check on a prospective buyer before selling a firearm of any sort. Additionally, all private sales of a handgun need to be carried out by either a licensed dealer or the local sheriff’s office.

What is Examined in a Background Check?

Oftentimes, a person will be denied the purchase of a firearm if the background check uncovers unacceptable information in one of – or all of – the following aspects: criminal history, mental health history, and juvenile delinquency. First and foremost, the background check will look into the individual’s criminal history to seek out any past felonies. Doing this will allow them to identify any red flags that could prohibit the purchase and ownership of a firearm in the state of Pennsylvania. This can also extend to the rest of the United States.

The next section that is closely inspected is the person’s juvenile criminal history, if they have one. This will typically not show up on the criminal record check, which is why it has its own examination. This portion of the check looks for any instances of violent criminal activity that could make it illegal for the individual to possess a gun in the country. Finally, the person’s mental history is investigated. As it is just as important as the previous sections, meticulous examination goes into the assessment. A specific type of diagnosis from a doctor could potentially prevent the prospective buyer from legally purchasing a gun in Pennsylvania.

Failing a Background Check for a Gun

As mentioned before, the answer to the question of what happens if someone were to fail a gun background check in Pennsylvania is the dealer will reject the buyer’s request. The information provided by the examination is what ultimately determines if the patron is eligible to purchase a firearm. When a demerit, so to speak, is spotted on the background check, the State Police will notify the seller, and they, in turn, will pass this information on to the patron to inform them of why they are not allowed to purchase the firearm. If the purchaser has questions regarding the evaluation, they can request a review from the state police or reach out to the Pennsylvania Attorney General.

There are certain protocols that dealers in Pennsylvania must follow to a T when it comes to selling a firearm in Pennsylvania. Not only is it to ensure the trustworthiness of the patron, but it is also to help them preserve federal licensing. While it may sound tedious and annoying to some, maybe even complicated, it is an essential precaution. Dealers and police officers regularly perform these checks, plus there is a system in place that will carry out these evaluations within a sufficient timeframe. Those who successfully passed their background assessment are recommended to train in how to safely carry a gun.

Conclusion

All things considered, the consequences of failing a gun background check – at least in Pennsylvania – are not necessarily dire. As inconvenient as they may appear to be, it is necessary to keep the individual and others safe. Moreover, not all crimes will prohibit someone from being able to own a firearm. However, the Pennsylvania State Police will sometimes enact a temporary delay while investigating, depending on the offense(s). All in all, potential buyers should be aware of any past crimes that could prevent them from obtaining a gun from a dealer.