15 day wait? update 3/27

[StonewallRabbitry]

Did they tell you why it was denied?

[TaePo]

We have briefly discussed this before but I think there are enough newbies to rehash...

18 Pa.C.S. § 6111: Sale or transfer of firearms


(a) Time and manner of delivery.--


(1) Except as provided in paragraph (2), no seller shall deliver a firearm to the purchaser or transferee thereof until 48 hours shall have elapsed from the time of the application for the purchase thereof, and, when delivered, the firearm shall be securely wrapped and shall be unloaded.

(2) Thirty days after publication in the Pennsylvania Bulletin that the Instantaneous Criminal History Records Check System has been established in accordance with the Brady Handgun Violence Prevention Act (Public Law 103- 159, 18 U.S.C. § 921 et seq.), no seller shall deliver a firearm to the purchaser thereof until the provisions of this section have been satisfied, and, when delivered, the firearm shall be securely wrapped and shall be unloaded.

...edited for content/brevity...


(f) Application of section.--

(1) For the purposes of this section only, except as provided by paragraph (2), "firearm" shall mean any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

(2) The provisions contained in subsections (a) and (c) shall only apply to pistols or revolvers with a barrel length of less than 15 inches, any shotgun with a barrel length of less than 18 inches, any rifle with a barrel length of less than 16 inches or any firearm with an overall length of less than 26 inches.

(3) The provisions contained in subsection (a) shall not apply to any law enforcement officer whose current identification as a law enforcement officer shall be construed as a valid license to carry a firearm or any person who possesses a valid license to carry a firearm under section 6109 (relating to licenses).

...edited for content/brevity.

Not that I have ever seen this done or heard of it being done.

[Takem]

Did they tell you why it was denied?

No. I believe I'll know if they deny my challenge. The thing is there isn't a reason. That's why it's so frustrating. Bought a gun in nov and jan and nothing has changed. Not even a speeding ticket. Got my LTCF in feb.

[Takem]

Did they tell you why it was denied?

No. I believe I'll know if they deny my challenge. The thing is there isn't a reason. That's why it's so frustrating. Bought a gun in nov and jan and nothing has changed. Not even a speeding ticket. Got my LTCF in feb. I now understand its a privilege to own firearms, not a right.

[Takem]

We have briefly discussed this before but I think there are enough newbies to rehash...




Not that I have ever seen this done or heard of it being done.

I'm sorry I don't understand

[TaePo]

I'm sorry I don't understand

I believe a) 1) requires a minimum 48 hours to lapse and that the firearm be unloaded and in a secure wrapper when turned over to the buyer.

a) 2) requires the Brady Act (shortened name) be used which requires a background check confirmation before handing over a purchased firearm which then should be unloaded and in a secure wrapper.

f) 3) seems to remove that requirement, section a), for police officers and people with a LTCF (since they already have gone through a background check, I imagine). Plus, I guess it also would mean that the firearm doesn't have to be unloaded and secured in a 'wrapper' at hand-off either - at least legally.

Not sure if state law can trump a federal requirement, if a background check before transfer is in fact required by the Feds. In the latter case then, only the part about being unloaded and secure wrapper would be changed.

[Remington788]

I now understand its a privilege to own firearms, not a right.

It is a right. Your right has been violated, or denied, for reasons unknown. You should now exercise your right to appeal the decision. You will have your day in court and due process.

Don't whine. Stand up for your rights, appeal the decision. Given that you passed PICS 3 times in the last 4 or 5 months, I expect you will win the appeal.

[Takem]

It is a right. Your right has been violated, or denied, for reasons unknown. You should now exercise your right to appeal the decision. You will have your day in court and due process.

Don't whine. Stand up for your rights, appeal the decision. Given that you passed PICS 3 times in the last 4 or 5 months, I expect you will win the appeal.

I mailed the challenge this afternoon. I Still think whining is appropriate. Ha

[Remington788]

I believe a) 1) requires a minimum 48 hours to lapse and that the firearm be unloaded and in a secure wrapper when turned over to the buyer.

a) 2) requires the Brady Act (shortened name) be used which requires a background check confirmation before handing over a purchased firearm which then should be unloaded and in a secure wrapper.

f) 3) seems to remove that requirement, section a), for police officers and people with a LTCF (since they already have gone through a background check, I imagine). Plus, I guess it also would mean that the firearm doesn't have to be unloaded and secured in a 'wrapper' at hand-off either - at least legally.

Not sure if state law can trump a federal requirement, if a background check before transfer is in fact required by the Feds. In the latter case then, only the part about being unloaded and secure wrapper would be changed.

I think that prior to the passage of the UFA in 1995, PA had a 48 hour waiting period. The 48 hour waiting period was scheduled to be eliminated 30 days after the "Brady" background check system (what we know as PICS) was put in place (since no one knew exactly when it would come on-line).

The requirement that a gun be sold unloaded and in a secure wrapper is still in place. A "secure wrapper" is not well defined and I have been handed more than one used gun purchase wrapped in a plastic shopping bag.

[twency]

...
The requirement that a gun be sold unloaded and in a secure wrapper is still in place. A "secure wrapper" is not well defined and I have been handed more than one used gun purchase wrapped in a plastic shopping bag.

The secure wrapper requirement is a provision in subsection (a). And (f)(3) provides:

The provisions contained in subsection (a) shall not apply to ... [LEOs and LTCF holders]