HB 1235 -Amended and moving in House - Denial Appeals

[NoHackrLtd]

Interesting bill I haven't seen anything on yet - HB 1235. Looks like it strengthens the appeals process for an individual that is denied the purchase of a firearm due to an erroneous entry on a NICS / PICS check by the PSP.

House Bill 1235 - Appeals Process For Background Check Denials

No sense trying to paste the text of the bill - the strikeouts don't show up when pasted here...you'll have to use the link.

The bill appears to shift the burden of proof from the denied person to the State Police and the State. It sets timeframes for actions by both the denied person and the State Police for appeals/challenges.

Darn, I'm slipping. Didn't catch this one the first time thru!

[WhiteFeather]

Representative Jesse White is attempting to fix a major problem with the PA Instant Check System with this bill. Kim Stolfer ACSL Legislative chairman working with Rep. White changed the language on 6-25-07 to further strengthen and clarify the Citizens rights, over the complaints of the cost to PSP.

As PICS works now, IF the PICS/PSP denies you the right to purchase or own a firearm the burden is on the citizen to do the research, collect the info and file the appeal process and that if the PSP is nice enough to help you out for the reason you were denied in the first place. IF the PSP don’t want to fully cooperate, then you have to hire an attorney and pry the info from their database plus have to spend the money to correct your PSP records.

The worst part is right now thousands your fellow law abiding PA Citizens have been denied a Constitutional right for in some cases truly stupid reasons example Messerschmitt (spelling?) case. His rights were denied for three letters on the back of a finger print card from the early 1960’s.

Because of the changes in the designation of misdemeanor and crimes over the decades or sometimes a name confusions or inaccuracies in PSP database. Lots of vets and older citizens that now want to buy a new firearms and in some most cases have a whole closet full of guns that they legally originally purchased by them get a denial by the PICS and don’t fight it or appeal the PSP decision.

Here is what happens after the PISC appeal process expires, IF they do not fix the reason that they were denied the PSP interpides this to mean they have NO legal right to own firearms and they can be arrested for illegally possessing a firearm they already own. Crazy I know but this is how is works now and lots of law abiding PA Citizens are technically illegally possessing firearms after not bothering to fight the appeal processes.