So the State Police called...

[Jhaydeno]

Yes, the PA State Police called about one of my handgun transfers from more than a year ago: apparently I had dated the state form with one date on top and a second date at the bottom, and they want the paperwork to be rectified at my local FFL. I'm going to visit his shop this evening and see what he's got in writing from the state.

Apparently the state is roughly about 13 months behind on entering firearms on the illegal 'not a complete registry' registry. What would be the repercussions of telling them to pound sand, that they've far exceeded the 72 hour rule? Furthermore, since they've obviously violated the 72 hour rule, and there's a penalty assigned to it, why shouldn't I push the issue?

From PA CS18:

6111 .B. 1.1(v) Unless it has been discovered pursuant to a criminal history, juvenile delinquency and mental health records background check that the potential purchaser or transferee is prohibited from possessing a firearm pursuant to section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), no information on the application/record of sale provided pursuant to this subsection shall be retained as precluded by section 6111.4 (relating to registration of firearms) by the Pennsylvania State Police either through retention of the application/record of sale or by entering the information onto a computer, and, further, an application/record of sale received by the Pennsylvania State Police pursuant to this subsection shall be destroyed within 72 hours of the completion of the criminal history, juvenile delinquency and mental health records background check.

(1.3) In addition to the criminal penalty under section 6119 (relating to violation penalty), any person who knowingly and intentionally maintains or fails to destroy any information submitted to the Pennsylvania State Police for purposes of a background check pursuant to paragraphs (1.1) and (1.4) or violates section 6111.4 shall be subject to a civil penalty of $250 per violation, entry or failure to destroy.

§ 6119. Violation penalty: Except as otherwise specifically provided, an offense under this subchapter constitutes a misdemeanor of the first degree. (Dec. 7, 1989, P.L.607, No.68, eff. 60 days)

§ 6111.4. Registration of firearms: Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth. For the purposes of this section only, the term "firearm" shall include any weapon that 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. (June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)

Should I expect a PSP trooper at my doorstep if I send them a copy of the state laws and tell them to pound sand? Since the penalty is an M-1, can I have the trooper cited for violating the law?

I know some of you think I may just be an instigator, causing trouble, etc., but I've followed the laws all my life, and I expect our elected officials and officers of the law to do the same. I will absolutely push the issue if I believe I'm in the right.

[Breadman03]

I'd give them hell.

[streaker69]

Get a pile of sand by your barn, wait for them to show up and the point to the sand in which they can pound.

[Orlov556]

I think the 72 hour rule was hashed out in the PASC a few years back now. It only applies to ROS forms done on long guns when the system is down. Handgun ROS forms and the database associated them were given a golden blessing that has about zero chance of ever being overturned in our lifetime.

[Noah_Zark]

. . . I will absolutely push the issue if I believe I'm in the right.

While you're pushing, just recall that this is your choice. A former PSP commissioner went on record stating that the law pertains to the SP4-113 forms, and not to a database built from info collected from the forms. And IIRC, a court agreed.

The PSP has all of the hammers. You can certainly push back about them coming to you to correct a form well after the statutory expiration of the records, but Newton's 1st Law states that for every action there is an equal and opposite reaction. While you might not have a PSP vehicle tailing you everywhere, you might expect to experience difficulty passing a PICS check in future, such as being placed in research for as long as possible. Is it worth it?

Just sayin'

Noah

[Krichardson]

Retaliation is a helluva thing when it is carried out by those who are in a position to really fuck with you.

[Daycrawler]

A wise man picks and chooses his battles. If I were in your shoes, I would fix the minor discrepancy. Your Monkey, your Circus have at it!

[Grey Bearded One]

Could we start a "Go Fund Me" (or whatever it is called) to raise money for a lawsuit to force the Jack Booted Thugs Staunch Defenders of Society and Freedom to obey the law?

[Grey Bearded One]

While you might not have a PSP vehicle tailing you everywhere, you might expect to experience difficulty passing a PICS check in future, such as being placed in research for as long as possible.

Back in the 80s there was a DJ in the DC area who made the mistake of criticizing the po-po on his radio show. He was harassed to the point that he couldn't drive himself to work and the station had to send a limo for him until the legal beagles smacked the government agents.

[Splittiebus66]

Make a youtube video denouncing these oppressors.