PA State Police Handgun Purchaser Database - Violation of PA Law?

**57springer** · December 31st, 2018, 01:34 PM

Originally Posted by armabill

If the state form is not a registry and not used for anything, why fill it out and send it in?

Exactly ............................................

**JenniferG** · December 31st, 2018, 04:10 PM

Originally Posted by streaker69

You mean like they're required to by state law? It's almost as though they don't care about the laws they're sworn to uphold.

They are not required to obey the laws the rest of have to obey. Who is going to hold them responsible. Josh Shapiro, Tom Wolf. Ed Rendell was Governor at the time of the gun registry case and as it is today the Supreme Court is corrupt as can be and Rendell used whatever dirt he had on them to render the weasel word decision they came up with. It is illegal for the State of Pennsylvania to keep a gun registry and the Record of Sale is a registry by all definition in the English language. Look it up in any dictionary.

Corruption:

: dishonest or illegal behavior especially by powerful people (such as government officials or police officers)

: inducement to wrong by improper or unlawful means (such as bribery)

**Pag23** · December 31st, 2018, 06:17 PM

This doesn't surprise me at all..

**john9001** · December 31st, 2018, 07:26 PM

Time for a test case.

**abner13** · December 31st, 2018, 08:44 PM

pspconfis.jpg

**GunLawyer001** · December 31st, 2018, 09:28 PM

This is another myth. The "destroy within 72 hours" provision applies to records of long guns generated during a PICS outage, NOT to the usual Record of Sale forms. That's what the PA Supreme Court found, and in this case the statute supports them:

(1.1) On the date of publication in the Pennsylvania Bulletin of a notice by the Pennsylvania State Police that the instantaneous records check has been implemented, all of the following shall apply:

(i) In the event of an electronic failure under section 6111.1(b)(2) (relating to Pennsylvania State Police) for purposes of a firearm which exceeds the barrel and related lengths set forth in section 6102, 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 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.

(ii) The form of the 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.

(iii) For purposes of conducting the criminal history, juvenile delinquency and mental health records background check which shall be completed within ten days of receipt of the information from the dealer, the application/record of sale shall include the name, address, birthdate, gender, race, physical description and Social Security number of the purchaser or transferee and the date of application.

(iv) No information regarding the type of firearm need be included other than an indication that the firearm exceeds the barrel lengths set forth in section 6102.

(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.

**JenniferG** · December 31st, 2018, 10:13 PM

According to Merriam Webster the word corruption was used in conjunction with registration when the PA Supreme Court determined ROS isn't what it really is.

Register:

a written record containing regular entries of items or details

2a: a book or system of public records
b: a roster of qualified or available individuals

Registration:

1: the act of registering

2: an entry in a register

**TaePo** · January 5th, 2019, 06:41 PM

Originally Posted by GunLawyer001

This is another myth. The "destroy within 72 hours" provision applies to records of long guns generated during a PICS outage, NOT to the usual Record of Sale forms. That's what the PA Supreme Court found, and in this case the statute supports them:

(1.1) On the date of publication in the Pennsylvania Bulletin of a notice by the Pennsylvania State Police that the instantaneous records check has been implemented, all of the following shall apply:

(i) In the event of an electronic failure under section 6111.1(b)(2) (relating to Pennsylvania State Police) for purposes of a firearm which exceeds the barrel and related lengths set forth in section 6102, 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 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.

(ii) The form of the 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.

(iii) For purposes of conducting the criminal history, juvenile delinquency and mental health records background check which shall be completed within ten days of receipt of the information from the dealer, the application/record of sale shall include the name, address, birthdate, gender, race, physical description and Social Security number of the purchaser or transferee and the date of application.

(iv) No information regarding the type of firearm need be included other than an indication that the firearm exceeds the barrel lengths set forth in section 6102.

(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.

Very interesting and why it is always good to seek out legal advice from good well-read attorneys.

Is there an error in iv as it says, "barrel lengths" whereas i states "exceeds the barrel and other related lengths". Or was there a purpose behind it (ignoring overall length, specifically)?