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  1. #1
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    Default HB 921 Elimination (PICS) & use National Instant Check System (NICS) Rep Krieger 2013

    HB 921 Elimination (PICS) & use National Instant Check System (NICS) - Rep Krieger 2013-2014

    MEMORANDUM
    Posted: February 25, 2013 03:36 PM

    From: Representative Timothy Krieger

    To: All House members

    Subject: Request for Cosponsorship-Eliminate Pennsylvania Instant Check System (PICS) and Use the National Instant Check System (NICS)

    In the near future, I intend to introduce legislation which will eliminate the Pennsylvania Instant Check System (PICS) and switch to using the National Instant Check System (NICS). The PICS system duplicates the background check which is already completed when a NICS check is conducted and as a result wastes taxpayer dollars.

    In a report issued by the Legislative Budget and Finance Committee in 2006 and updated in 2011, about two-thirds of PICS revenues come from the General Fund. With the elimination of PICS, the revenues from the General Fund will be available to fund other programs throughout the Commonwealth. The switchover from PICS to NICS was one of the options discussed by the Legislative Budget and Finance Committee. While the committee did note that this may diminish the comprehensiveness of the background check, I do not believe this is still the case based on recent changes to the NICS system.

    As of last year, system changes to NICS have added the capacity to check for state prohibitors, i.e., those prohibitions based solely on state law. This was something previously lacking in the NICS system.

    I believe that my legislation will help streamline the background check process and provide substantial savings to the Commonwealth by eliminating duplicative processes.

    This letter by the Allegheny County Sportsmen’s League was submitted to the Reps for support of HB 921 in early March 2013..

    Use this for your reference, copy paste, write your own better version with your own reason why to dump PICS


    Dear Representative:

    HB 921 PICS elimination – save taxpayer cash & reducing size of government

    Rep Tim Krieger on February 25, 2013 sent out a co sponsorship memo for the Elimination of Pa Instant Check System (PICS) and use of the National Instant Check System (NICS) for the transfer of firearms.
    http://www.legis.state.pa.us/cfdocs/...cosponId=11871

    This proposed legislation will eliminate the cost of having the added level of duplication of state administered services that the Feds will do at ‘NO’ EXTRA cost.

    The intangible benefits are synopsized below.

    ‘One’ of the main problems with PICS is the long wait on hold 30 minutes plus, the frequent crashing of the PSP computers, especially on weekends and around the holidays. All of this costs the state and business lost revenue from lost sales. In a larger sense the Constitutional implications and concerns overshadow the operational ones. This is at the heart of our objections in that operational delays and dysfunction ‘essentially’ shut down the constitution and we find this unconscionable. Dealers are also checking the NICS system when the state run PICS system is malfunctioning and finding that the state system is the only one inoperative. The NICS system also provides this service without out charge to the states.

    Pennsylvania pays extra for the instant check – a job that most states let the feds do for FREE. Perhaps this is why PICS has never issued a cost-benefit analysis. We also have concerns that the state run PICS system has not been, to our knowledge, audited by an independent entity to examine the operational as well as financial performance of this program.

    The Pennsylvania Instant Check System (PICS) from 1998 to 2011 has cost the tax payers in excess of estimated 91,000,000.00 dollars (yes, that IS ‘millions’) to administer to date for background checks for all firearm purchases. The federal NICS would do the same job for no additional cost to taxpayers. It also costs on average $7 million a year for administration and cost to keep the PICS (PA Instant Check System) including the, arguably, illegal ‘Record of Sale’ database system.


    We would rather see the millions of taxpayer dollars a year spent on a duplicative system that is forcing legitimate firearms dealers out of business put to better use in arresting and locking up violent career criminals. Additionally, it is far more effective for the state to be employing more police officers with the money wasted on this system than perpetuating a bureaucratic nightmare of convoluted interpretations of law that includes the creation of a database of firearm owners along with all the abuse associated with it misuse.

    As a reminder, here are a few quick points regarding the PSP compliance with law:

    1. Reclassifying AR-15 rifles as pistols

    2. Illegally requiring Social Security Numbers in violation of federal law (Stollenwerk v. PA – PSP lost this court case then ignored Federal Court Judge Sanchez’ decision)

    3. Putting firearms purchasers on a delayed status and ‘then’ automatically denying the firearms transaction

    ***(the list above is not complete and there are repeated additional examples)

    You can see the results of all that (our) money spent in supposedly protecting us from criminals buying guns from FFL dealers. It is important to note that the monies spent are ONLY to identify prohibited individuals during the firearms purchase process and are NOT related to the follow up legal and court costs to prosecute these individuals.

    Total Illegal Gun Purchase Convictions 1998 -2010 – 1,483
    1. Total Arrests 1998 -2010 – 2,296
    2. Total Denials Reversed 1998 -2010 – 22,578
    3. Total Denials 1998 -2010 – 128,347
    4. Total identified prohibited individuals 1998 -2010 – 105,769
    (The above number represents individuals that the PSP has not taken any ‘enforcement’ action against for ‘illegally’ attempting to buy a firearm as a disqualified individual)
    5. Total Referrals to ATF 1998 -2010 – 198


    The PA State Police have wasted at least $91 million operating the duplicative Pennsylvania Instant Check System (PICS) system between 1998 and 2011, which could have been done at ‘no’ cost to gun owners or Pennsylvania by the National Instant Check system, a part of which includes the retention and maintenance of an illegal database of gun owners. How many crimes have the state police solved by the staggering amount of money spent?

    We respectfully request that you ‘please’ consider adding your name to HB 921 as a co sponsor to Rep Tim Krieger Eliminating PICS and use the NICS proposed legislation to save the taxpayers several million a year and for actually reducing the size of government within the PSP bureaucracy to administrate PICS by switching to NICS as most of the other states currently use..
    HB 921 was introduced & refer to Judiciary on March 6, 2013 read text here

    http://www.legis.state.pa.us/cfdocs/...type=B&BN=0921

    Over the MANY Years WE have tried to reform problems with PICS & PSP by working through the courts, through legislation "fixes", and other political avenues to redress our grievances.

    Some minor progress has made to make the process more user friendly especially with denials -appeals and even with that its like pulling teeth to get the PSP bureaucracy to do the right things as prescribed by law, and not exceed the federal or state laws REQUIRMENTS as the listing in the ACSL shows.

    Is PICS & the PSP about stopping prohibited individuals from buying firearms and catching criminals that attempt to OR about something else?


    It’s way PAST time for PICS to GO!

    PICS cost an extra FEE (tax) to transfer a firearm and PICS service is often worse than NICS

    This is a complex subject please study up!


    read text of HB 921 here
    http://www.legis.state.pa.us/cfdocs/...type=B&BN=0921


    Here is “some” of the research on the PICS vs NICS subject already posted on PAFOA in the past, PLEASE read some of these stories and weigh the in the balance of keep PICS or just letting the Feds do this with NICS as most states already do without the extra problems of PICS & PSP politics involved.

    Senate Law and Justice hearing May 2011 A must watch
    http://forum.pafoa.org/pennsylvania-...w-justice.html

    Are YOU Tired of Paying to Exercise YOUR ‘Right to Keep & Bear Arms’? Aug 26, 2010
    Both sides of keeping or replacing covered here with the concept was explored in public hearing which was open for anyone to express their views. Which helped lead to the conclusion that HB 2127 was required

    http://forum.pafoa.org/pennsylvania-...26-2010-a.html

    PAFOA and PICS Question
    http://forum.pafoa.org/pennsylvania-...-question.html

    VIDEO: P.I.C.S. problems plague Harrisburg Gun Show
    From the FFL dealers point of view
    http://forum.pafoa.org/pennsylvania-...-gun-show.html

    PICS "RESEARCH"
    http://forum.pafoa.org/general-2/900...-research.html


    PICS Scheduled Instant Check Outage 9/2 - 9/6
    Added mounting cost for computer / technology upgrades with more required if we keep PICS
    http://forum.pafoa.org/general-2/851...9-2-9-6-a.html

    AR-15 OWNERS – take note of immanent PSP regulations changes
    PSP bureaucracy leadership exceeding legal authority and “creating” policy for a agenda
    http://forum.pafoa.org/general-2/650...s-changes.html

    Handgun Registry in PA
    http://forum.pafoa.org/general-2/116...gistry-pa.html
    COLOR="Blue"]Still more PAFOA posting on this problem doesn’t have a limit[/COLOR]

    They'd never use the "Record of Sale" database to confiscate someone's firearms...
    http://forum.pafoa.org/general-2/125...-firearms.html

    ~snip~
    "We checked with state police and determined Dalyrmple is the registered owner of nine assorted handguns," Chitwood said. "We got a search warrant and confiscated numerous rifles, handguns and ammo."
    ~snip~

    Another thread on this subject with some good points being made by PAFOA posters

    PA gun Registry...
    http://forum.pafoa.org/general-2/110...-registry.html
    Reserved for future update & info

    MORE ADDITIONAL INFORMATION to FOLLOW

    PLEASE take the appropriate amount of time to study up on the subject so you can make an informed decision about keep PICS or support HB 921 and dump PICS ( & PSP involvement) to be replace by NICS

    NOTE this if HB 921 passes as written.

    All Record Of Sale (ROS) of any future firearm transfers going to the PSP is eliminated completely.

    No new data going into the PSP gun (non) registry it soon will become obsolete.

    (just to be crystal clear AGAIN : nothing in HB 921 will do anything about the many, many decades old existing (illegal) sorta legal because its "not complete" database kept and maintained by the PSP this is a separate issue.

    That will be address after passage of HB 921 removes the claimed legal reasons the PSP use to keep your records now)

    see below for HB 792 thread IF both would be passed this session the problem about the database should go away.



    IF in the end you are for the changes outlined with going NICS only

    Please contact ALL the Reps listed to ask them to become a sponsor of HB 921


    HB 792 (NO) Handgun Registry Legislation – Rep Tallman 2013-2014
    http://forum.pafoa.org/pennsylvania-...13-2014-a.html
    Learn how to really SUPPORT the 2nd Amendment cause Go To http://www.foac-pac.org/

  2. #2
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    Default Re: HB 921 Elimination (PICS) & use National Instant Check System (NICS) Rep Krieger

    saving for updates
    Learn how to really SUPPORT the 2nd Amendment cause Go To http://www.foac-pac.org/

  3. #3
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    Default Re: HB 921 Elimination (PICS) & use National Instant Check System (NICS) Rep Krieger

    Rep Krieger is bringing this back for the 2013-2014 sessionas HB 921

    http://www.legis.state.pa.us/cfdocs/...cosponId=11871


    MEMORANDUM
    Posted: February 25, 2013 03:36 PM

    From: Representative Timothy Krieger

    To: All House members

    Subject: Request for Cosponsorship-Eliminate Pennsylvania Instant Check System (PICS) and Use the National Instant Check System (NICS)

    In the near future, I intend to introduce legislation which will eliminate the Pennsylvania Instant Check System (PICS) and switch to using the National Instant Check System (NICS). The PICS system duplicates the background check which is already completed when a NICS check is conducted and as a result wastes taxpayer dollars.

    In a report issued by the Legislative Budget and Finance Committee in 2006 and updated in 2011, about two-thirds of PICS revenues come from the General Fund. With the elimination of PICS, the revenues from the General Fund will be available to fund other programs throughout the Commonwealth. The switchover from PICS to NICS was one of the options discussed by the Legislative Budget and Finance Committee. While the committee did note that this may diminish the comprehensiveness of the background check, I do not believe this is still the case based on recent changes to the NICS system.

    As of last year, system changes to NICS have added the capacity to check for state prohibitors, i.e., those prohibitions based solely on state law. This was something previously lacking in the NICS system.

    I believe that my legislation will help streamline the background check process and provide substantial savings to the Commonwealth by eliminating duplicative processes.
    List of past co sponsors from last session

    kbenning@pahousegop.com; jchristi@pahousegop.com; jcox@pahousegop.com; bcutler@pahousegop.com; pdaley@pahouse.net; gdenling@pahousegop.com; bellis@pahousegop.com; eevankov@pahousegop.com; geverett@pahousegop.com; mfleck@pahousegop.com; mgergely@pahouse.net; ggrell@pahousegop.com; tharhai@pahouse.net; jharhart@pahousegop.com; nkotik@pahouse.net; jlawrenc@pahousegop.com; jmaher@pahousegop.com; dmaloney@pahousegop.com; tmurt@pahousegop.com; jpetrarc@pahouse.net; tpickett@pahousegop.com; mquinn@pahousegop.com; klrapp@pahousegop.com; csainato@pahouse.net; csonney@pahousegop.com; rswanger@pahousegop.com; mturzai@pahousegop.com; jwhite@pahouse.net;


    List of Reps to ask as well that were not past sponsors


    mbaker@pahousegop.com; bbarbin@pahouse.net; sbarrar@pahousegop.com; rbizzarro@pahouse.net; kboback@pahousegop.com; mbrooks@pahousegop.com; rbrown@pahousegop.com; fburns@pahouse.net; tcaltagi@pahouse.net; mcarroll@pahouse.net; pclymer@pahousegop.com; sconklin@pahouse.net; bcorbin@pahousegop.com; dcosta@pahouse.net; gday@pahousegop.com; ddeasy@pahouse.net; sdelozie@pahousegop.com; tdeluca@pahouse.net; fdermody@pahouse.net; gdigirol@pahousegop.com; jemrick@pahousegop.com; henglish@pahousegop.com; ffabrizi@pahouse.net; Ffarry@pahousegop.com; mfee@pahousegop.com; mgillen@pahousegop.com; kgillesp@pahousegop.com; rgodshal@pahousegop.com; ngoodman@pahouse.net; kgreiner@pahousegop.com; jhackett@pahousegop.com; mhahn@pahousegop.com; mhanna@pahouse.net; pharkins@pahouse.net; kharper@pahousegop.com; dheffley@pahousegop.com; shelm@pahousegop.com; dhess@pahousegop.com; dhickern@pahousegop.com;wkampf@pahousegop.com; mkeller@pahousegop.com; tkillion@pahousegop.com; jknowles@pahousegop.com; dkula@pahouse.net; mlongiet@pahouse.net; tmahoney@pahouse.net; smajor@pahousegop.com; jmarkose@pahouse.net; rmarsico@pahousegop.com; kmasser@pahousegop.com; rmatzie@pahouse.net; jmcginnis@pahousegop.com; NickMicc@pahousegop.com; nmicozzi@pahousegop.com; rmirabito@pahouse.net; dmoul@pahousegop.com; gmullery@pahouse.net; doberlan@pahousegop.com; jpayne@pahousegop.com; mpeifer@pahousegop.com; spetri@pahousegop.com; hreadsha@pahouse.net; dreed@pahousegop.com; mregan@pahousegop.com; ssaylor@pahousegop.com; mscavell@pahousegop.com; jsimmons@pahousegop.com; shsmith@pahousegop.com;mtobash@pahousegop.com; mtoepel@pahousegop.com; ttoohil@pahousegop.com; dtruitt@pahousegop.com; mvereb@pahousegop.com; kwatson@pahousegop.com;

    See OP for reason why.

    Really why should you have to pay extra cost to buy a firearm in PA?


    UPDATE this was filed on March 6th 2013 for the 2013-2014 legislative session now known as HB 921

    http://www.legis.state.pa.us/cfdocs/...type=B&BN=0921
    Learn how to really SUPPORT the 2nd Amendment cause Go To http://www.foac-pac.org/

  4. #4
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    Default Re: HB 921 Elimination (PICS) & use National Instant Check System (NICS) Rep Krieger

    SAVING FOR UPDATES will delete if not used for legislative battle this is a work in progress
    Learn how to really SUPPORT the 2nd Amendment cause Go To http://www.foac-pac.org/

  5. #5
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    Default Re: HB 921 Elimination (PICS) & use National Instant Check System (NICS) Rep Krieger


    Mentioning this again Just to be crystal clear and not to mislead anyone.

    The existing ROS information held by PSP is not part of HB 921 effort, as covered in OP, this is a separate subject.

    Some more examples of ROS being using for ownership & search warrant

    There are several stories posted on PAFOA about police doing clean check, without evidence of a crime involving a firearm being committed of the people firearms serial number being run at traffic stops or on at a OC event / contact to harass (dickenson city) or even a known occasion when checking a firearm at court facilities, in which the DA of that county stopped that practice from reoccurring once it was detected.

    In all cases the serial numbers of gun owners firearm where checked against the PSP (non) database records, for fishing expeditions.


    Gun stolen by Hawley PD
    http://forum.pafoa.org/general-2/914...hawley-pd.html



    GUN REGISTRATION
    here is the ACSL lawsuit against the PSP database you may find this some interesting reading on the subject on the background, interesting statements made to the courts by the PSP lawyers. How the judges stabbed gun owners in the back after waiting about 18 month after closing debates to rule its "legal" with their pretzel logic twisting of the letter of the laws.

    http://acslpa.org/html/gun_registration1.html


    Trouble is they can't have it both ways, keep it for a claimed useful purpose of maybe it will solve a crime and it not being legally complete, that a gun being missing on a PSP list is used to justify the confiscation of firearms without criminal misuse by owner.




    This subject will be revisited IF HB 921 passes as written in current form and or another law is required to end this practice.


    United State Supreme Court Ruling on Gun Registration

    Haynes v. United States - A 1968 U.S. Supreme Court Ruling declaring that anyone with a criminal background does not have to register his/her firearm. The court ruled that in doing so would be an admission to the criminal background and that would be a violation of the individual's right against self-incrimination
    Its against the criminals 5th amendment rights, So Gun Registration can only apply to non criminals....Nice the Citizens are held to the higher standard.

    Until this power to abuse the information retained by the PSP is eliminate more stories can be included besides just these as examples




    Please can we have this thread remain focused on the passage of HB 921. if you need more background info drop me a PM or start a new thread on abuse of PSP & Gun Registration
    .
    Learn how to really SUPPORT the 2nd Amendment cause Go To http://www.foac-pac.org/

  6. #6
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    Default Re: HB 921 Elimination (PICS) & use National Instant Check System (NICS) Rep Krieger

    Lots of info to understand and grasp on this subject, we provide some of it so you can judge the merits of paying extra to keep PICS or just going with NICS.

    IF you support the concept in OP

    DO YOUR PART

    please contact the Reps listed!
    Learn how to really SUPPORT the 2nd Amendment cause Go To http://www.foac-pac.org/

  7. #7
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    Default Re: HB 921 Elimination (PICS) & use National Instant Check System (NICS) Rep Krieger

    Every time this comes up, I feel obliged to present the other side of the facts.

    I like my government to be small and local. I prefer my city to the state, I prefer my state to the federal system, I prefer the feds to the United Nations. Smaller is more responsive to the individual. So given the choice between disputing a ruling by the State Police or the FBI, through going through the Pennsylvania appeal process or using the federal courts, I prefer our local guys. It takes fewer hours and will cost less to appeal through PICS and the local courts than through the Federal court system. I can bill you less for appealing from PICS than I'll have to bill for NICS appeals. Paying less makes clients happier.

    It seems like the arguments in favor of abandoning PICS and going with the "free" federal NICS (and aren't we past the point of believing that the feds ever give us anything for free?) require supplementation with red herring arguments.

    Be clear on this:
    We could get rid of the Record of Sale Database without getting rid of PICS.
    Or we could get rid of PICS without touching the ROS Database.
    Or we could keep both, or get rid of both.
    Pretending that PICS and the ROS Database are inextricably linked, because both involve the Pa State Police, is wrong, like saying that we should get rid of the family refrigerator and the radio because the radio is too loud. Saying that we don't have the will to get rid of PICS unless we use the hostility felt towards the ROSD tells me that maybe we shouldn't be getting rid of PICS at all.

    Yes, the PSP under the prior leadership and Rendell tried to pull something stupid with respect to completed AR-15 rifles. So? They were beaten back on that issue.

    Yes, the idea of a background check is irritating, but swapping the background check that we can easily deal with, in exchange for a background check run by Obama's Justice Department, is not exactly attractive.

    Yes, the ROS Database could be misused, but it's dishonest to pretend that "confiscation" is the same if police seize guns from a particular person suspected of a crime, and if the police ban all citizen ownership of guns the way the LAPD cops sent to New Orleans went house to house and seized guns. I'm in favor of losing the ROS Database, but come one, let's be honest so far as what's happened and what we'd have to do to get rid of the Database. It's not the conjoined twin of PICS, it's just one of the forms that PA law requires FFL's to send in after a sale. It could be eliminated by repealing the ROS Form statute, just delete the highlighted text:

    § 6111. Sale or transfer of firearms
    . . . . (b) Duty of seller.--No licensed importer, licensed manufacturer or licensed dealer shall sell or deliver any firearm to another person, other than a licensed importer, licensed manufacturer, licensed dealer or licensed collector, until the conditions of subsection (a) have been satisfied and until he has:

    (1) For purposes of a firearm as defined in section 6102 (relating to definitions), obtained a completed application/record of sale from the potential buyer or transferee to be filled out in triplicate, the original copy to be sent to the Pennsylvania State Police, postmarked via first class mail, within 14 days of the sale, one copy to be retained by the licensed importer, licensed manufacturer or licensed dealer for a period of 20 years and one copy to be provided to the purchaser or transferee. The form of this application/record of sale shall be no more than one page in length and shall be promulgated by the Pennsylvania State Police and provided by the licensed importer, licensed manufacturer or licensed dealer.


    We all feel anger towards gun control efforts, which are uniformly heavy-handed and ineffective. Taking the background check and handing it over to the folks who believe that they can lock up Americans without trial indefinitely, and use drones for casual surveillance, and use armed drones to kill us "under extraordinary circumstances"*, is a foolish move.

    (Obama uses the word "extraordinary" as often as he uses the word "unprecedented", so saying that he will only kill us from the sky without trial or warning under "extraordinary circumstances" is no comfort at all. He thinks that his golf score is extraordinary. He thinks that a 51-47% electoral victory is a "mandate for change". He'd think that you writing a couple of angry editorials against his policies would be "extraordinary".)
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Free seminar 7/18/19 in Quakertown: https://www.senatormensch.com/concealed-carry-seminar/

  8. #8
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    Default Re: HB 921 Elimination (PICS) & use National Instant Check System (NICS) Rep Krieger

    Quote Originally Posted by WhiteFeather View Post
    . . . . .

    Quote:
    United State Supreme Court Ruling on Gun Registration

    Haynes v. United States - A 1968 U.S. Supreme Court Ruling declaring that anyone with a criminal background does not have to register his/her firearm. The court ruled that in doing so would be an admission to the criminal background and that would be a violation of the individual's right against self-incrimination

    Its against the criminals 5th amendment rights, So Gun Registration can only apply to non criminals....Nice the Citizens are held to the higher standard.. . .
    This was true once, for a few months. I wish that our side would stop citing it as good law. Do a Google check for the case, and every other gun rights organization is citing it as current law. Makes us look like rubes.

    What happened was that registration of NFA firearms could be used against the registrant, so in 1968 the Supreme Court said that prohibited persons didn't have to comply. The National Firearm Act was amended after Haynes so that the info from the Forms couldn't be used in the trial for possession by a prohibited person, and the revised law was upheld in United States v. Freed, 401 U.S. 601 (1971). Meaning that even felons can be prosecuted for not registering their NFA firearms, So, yes, that oft-cited quirk was true, for less than 2 years during the Nixon administration. Let's give it a rest.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Free seminar 7/18/19 in Quakertown: https://www.senatormensch.com/concealed-carry-seminar/

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    Default Re: HB 921 Elimination (PICS) & use National Instant Check System (NICS) Rep Krieger

    Quote Originally Posted by GunLawyer001 View Post
    Every time this comes up, I feel obliged to present the other side of the facts.
    You make a good case as usual.

    As a hypothetical, if PA passed a law that not only entirely did away with background checks but affirmatively stated that no background check was permissible for PA state residents to purchase a firearm, would:

    1) It be hypothetically legal,
    2) hypothetically trump federal law, or
    3) theoretically fall under Wickard and Raich, thus making the entire hypothetical pointless?

    What I'm getting at here is, if PA decided for whatever reason that background checks were no longer worth the hassles, could it do away with them altogether by passing a law prohibiting them?

  10. #10
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    Default Re: HB 921 Elimination (PICS) & use National Instant Check System (NICS) Rep Krieger

    Quote Originally Posted by FNG19 View Post
    You make a good case as usual.

    As a hypothetical, if PA passed a law that not only entirely did away with background checks but affirmatively stated that no background check was permissible for PA state residents to purchase a firearm, would:

    1) It be hypothetically legal,
    2) hypothetically trump federal law, or
    3) theoretically fall under Wickard and Raich, thus making the entire hypothetical pointless?

    What I'm getting at here is, if PA decided for whatever reason that background checks were no longer worth the hassles, could it do away with them altogether by passing a law prohibiting them?
    Not a chance. Guns are not as popular among Obama's base as weed is, so the fact that the Feds choose not to directly confront a state that legalizes marijuana is NOT evidence that the Supremacy Clause has passed its "best by" date. Federal law still trumps state law, especially where there's a direct conflict and there's no question about the intent of Congress to occupy the field or not.

    The Brady law requires a background check for every gun shop sale. Under current law, the PA Legislature could only waive the FFL transfer requirement for used guns (the way there's no such requirement now for long guns). That would mean that prohibited persons would physically be able to buy handguns privately (as they do now at flea markets and through careless sellers via classifieds), but when caught they would still be charged and might go to jail. Prohibited persons are barred by state and federal law from possession, not just "buying from a licensed dealer". And no new guns could be bought that way, the Feds still control what every FFL does, and they have to do the Brady check for every transfer from their A&D bound book.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Free seminar 7/18/19 in Quakertown: https://www.senatormensch.com/concealed-carry-seminar/

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