DOJ told PSP sales database is illegal...

[Yellowfin]

This looks like prime material for an Alan Gura lawsuit.

[thetruepyromaniak]

whats ILA-NRA think bout it?

[ChamberedRound]

Originally Posted by mak47

The only way it will ever change is if a dealer somewhere decides to disobey the law and get charged with violating the requirement.

Then, his/her legal defense can be that the database is illegal and he is simply abiding by what he knows to be law--dictated in that letter.

IMHO that's not entirely true; it wouldn't necessarily take a FFL to challenge the law. It's possible that any individual who either A) upon purchase of a handgun had their personal information recorded in the sales database by the act of purchasing a handgun, or B) was denied a purchase because they passed a PICS check but refused to fill out a sales transfer form

could have standing to take the PSP to court.

[pa350z]

Bottomline is that the DOJ does not have the time and resources, nor will to pursue this issue. The PSP knows that. As a person who works in government, this situation is considered a legal notification and puts PSP on notice. Now, PSP has fully considered the consequences of its actions and is obviously not worried. Further, there is no way the Feds will stop this action. The Feds would love to have a lawfull mandatory registration law as is done in PA. The only way this gets resolved is if a lawsuit is brought by a resident or someone wronged by PSP.

[mojo]

Originally Posted by ChamberedRound

IMHO that's not entirely true; it wouldn't necessarily take a FFL to challenge the law. It's possible that any individual who either A) upon purchase of a handgun had their personal information recorded in the sales database by the act of purchasing a handgun, or B) was denied a purchase because they passed a PICS check but refused to fill out a sales transfer form

could have standing to take the PSP to court.

So legally ... if someone were to do that, they are not breaking any laws so there would be no legal repercussions, correct? It would take a lot of time and money?

[lexnaturalis]

Originally Posted by ChamberedRound

It's possible that any individual who either A) upon purchase of a handgun had their personal information recorded in the sales database by the act of purchasing a handgun,

That person would also need to either find an attorney willing to take the case on a contingency basis or that person would have to be willing to spend lots of money.

If I had the money I'd hire an attorney without question. I've purchased a handgun in PA and had my information recorded.

[LittleRedToyota]

Originally Posted by lexnaturalis

that person would have to be willing to spend lots of money.

that's pretty much what it comes down to.

rule of law is pretty much dead.

if you have lots of money, you might be able to get a breath or two out of the corpse. if you don't have lots of money, just bend over now.

[ehidle]

Originally Posted by lexnaturalis

That person would also need to either find an attorney willing to take the case on a contingency basis or that person would have to be willing to spend lots of money.

If I had the money I'd hire an attorney without question. I've purchased a handgun in PA and had my information recorded.

So have many others... Class action maybe?

[ChamberedRound]

Originally Posted by lexnaturalis

That person would also need to either find an attorney willing to take the case on a contingency basis or that person would have to be willing to spend lots of money.

If I had the money I'd hire an attorney without question. I've purchased a handgun in PA and had my information recorded.

Originally Posted by LittleRedToyota

that's pretty much what it comes down to.

rule of law is pretty much dead.

if you have lots of money, you might be able to get a breath or two out of the corpse. if you don't have lots of money, just bend over now.

It's not the fault of any branch of government that lawyers cost a lot of money. They operate in a (relatively) free market just like many other businesses in the economy. Lawyers will also, in cases such as this, often work for a percentage of the award on the back end if they feel the case has merit.

Originally Posted by ehidle

So have many others... Class action maybe?

Now THAT'S an interesting idea...

[bogey1]

Originally Posted by Asmodeus6

Well 10 years later and they are still doing all of that, and classifying firearms that are rifles as pistols now too...

thats funny you mention that, i had to fill out a form so my dealer could send it to the state police, for my mac10 machine gun