Dunkelbergers doing PICS checks for black powder guns?

[Fortytwo]

Did they actually DO a check, or did they just collect the money and pretend they did.

How would PICS handle a request to do a check on a BB gun or a slingshot? Would they do it?

They sure would. They shouldn't, but they would.

PICS does not ask the number or the type(s) of weapon(s) being transferred in the transaction. A PICS background check is handled just like any other PICS background check by the system.

[gnbrotz]

They sure would. They shouldn't, but they would.

PICS does not ask the number or the type(s) of weapon(s) being transferred in the transaction. A PICS background check is handled just like any other PICS background check by the system.

So basically, they're doing a random background check on individuals because they "want to"? I bet using the system in that manner is actually a violation of law.

[abner13]

So basically, they're doing a random background check on individuals because they "want to"? I bet using the system in that manner is actually a violation of law.

No , it's called covering yer ass.

[gnbrotz]

No , it's called covering yer ass.

Call it whatever you want. I'm still looking for the specific statute, but I know I can't just have my FFL buddy call up PICS and run a check on someone to satisfy my curiosity. That's essentially what they're doing. PICS is statutorily established and regulated. It's to be used in very specific circumstances.


I'm fairly certain "covering yer ass" related to the transaction of a non-regulated item ain't on the list.

[gnbrotz]

The actual statutory language which I believe makes the unnecessary use of PICS illegal (even to "cover yer ass"). Emphasis added.

6111(g)(3):

(3) Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly and intentionally requests a criminal history, juvenile delinquency or mental health record check or other confidential information from the Pennsylvania State Police under this chapter for any purpose other than compliance with this chapter or knowingly and intentionally disseminates any criminal history, juvenile delinquency or mental health record or other confidential information to any person other than the subject of the information commits a felony of the third degree.

[abner13]

And if pressed , the dealer can just cry, ''but we're talking about the sale of a deadly weapon here. I only wanted to be sure he wasn't a danger to the public!"

With the increasing number of bleeding heart liberal and anti-gun judges on the bench , I doubt he'd be convicted.

Until an actual court case comes to bear , I guess we can agree to disagree.

[DavidH]

Call it whatever you want. I'm still looking for the specific statute, but I know I can't just have my FFL buddy call up PICS and run a check on someone to satisfy my curiosity. That's essentially what they're doing. PICS is statutorily established and regulated. It's to be used in very specific circumstances.


I'm fairly certain "covering yer ass" related to the transaction of a non-regulated item ain't on the list.

Incorrect. A private business can run a background check as they see fit. Just as any business can run a background check for employment. The only stipulation is they can not pick & choose. If it’s done for one, it must be done for all. Other than that, it’s perfectly legal. It’s base on YOUR choice. Simply CHOOSE to NOT buy from them!

[Manxdriver]

Incorrect. A private business can run a background check as they see fit. Just as any business can run a background check for employment. The only stipulation is they can not pick & choose. If it’s done for one, it must be done for all. Other than that, it’s perfectly legal. It’s base on YOUR choice. Simply CHOOSE to NOT buy from them!

Yeah, you left out a really important part there! When they do a background check, they have to get your permission. Also, doing a background check is not the same as MISUSING THE P.I.C.S. SYSTEM outside of the strict confines of the law, which GnBrotz so clearly posted.

[Rosco the Iroc]

Incorrect. A private business can run a background check as they see fit. Just as any business can run a background check for employment. The only stipulation is they can not pick & choose. If it’s done for one, it must be done for all. Other than that, it’s perfectly legal. It’s base on YOUR choice. Simply CHOOSE to NOT buy from them!

BGC yes- but not PICS.
Humm I wonder what the PSP would say about them abusing the system. Maybe I should give them a call.
Did they also have you fill out the PA form? SP4-113?

Fuck Dunks. You want a real gun, come see me- I follow the law not the hype.

[abner13]

BGC yes- but not PICS.
Humm I wonder what the PSP would say about them abusing the system. Maybe I should give them a call.
Did they also have you fill out the PA form? SP4-113?

Fuck Dunks. You want a real gun, come see me- I follow the law not the hype.

When yer on the phone , remind the PSP according to 6111 , it is unlawful for them to use the ROS as a registry too.