PICS delay? PSP is violating your rights, after Sep 2nd in violation of Court Order

[PAMedic=F|A=]

From email:


PSP Rebuked and Found Guilty by Commonwealth Court After Suit by FOAC-ILLEA

Last week, a milestone was reached in Pennsylvania politics with Commonwealth Court Judge Patty McCullough rendering a decision against the Pennsylvania State police and the PICs unit for not complying with Pennsylvania law.

Ever since ACT 17 (S.S.H.B.110) passed back in 1995, we have maintained that the system was illegal and operating outside the law, since this system came online in 1998.

Through our general counsel, Josh Prince, and with the able assistance of Dillon Harris and his Firearms Civil Rights Legal Defense firm, which was retained by Firearms Owners Against Crime – Legal, legislative, and Educational Action along with two firearms dealers, Jim Stoker and Landmark Firearms LLC.

See Josh’s post at this link: https://blog.princelaw.com/2022/09/0...ground-checks/

This legal action was extremely expensive, for an all-volunteer group who has been around in Pennsylvania for decades, if you are able to or care to donate to FOAC-ILLEA that will be ‘greatly’ appreciated!

If you want to read further, go here for the decision: https://princelaw.files.wordpress.co...injunction.pdf

Details of the bill in question can be found here.

more info: https://princelaw.files.wordpress.co...injunction.pdf



Thank you for your continued support!


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From blog post:


Posted on September 2, 2022 by Joshua Prince, Esq.
Today, Chief Counsel Joshua Prince, assisted by Attorney Dillon Harris, secured a monumental victory for the residents of Pennsylvania, when the Commonwealth Court Judge Patricia McCullough issued a preliminary injunction against the Pennsylvania State Police in Firearm Owners Against Crime – Institute for Legal, Legislative and Educational Action, et al. v. PSP Commissioner Evanchick, in relation to its non-compliance with 18 Pa.C.S. 6111.1, by failing to provide instantaneous or otherwise immediate responses to firearm background checks.

Specifically, in reviewing the testimony and evidentiary record, Judge McCullough found

Lt. Keller confirmed that wait times routinely exceed 9-10 hours during peak times. In fact, the background check of Benjamin Brown, the owner of Petitioner Landmark Firearms, LLC, took over 20 hours, which is especially surprising because he is the holder of a federal firearms license which authorizes him to sell firearms and, as such, he is clearly not a person prohibited by law from obtaining a firearm. The testimony
further revealed numerous instances where prospective purchasers of firearms canceled their purchases because of excessive wait times, thus causing Petitioners to lose the profits that they would have received from those sales. These delays, especially during gun shows (of which PSP has prior notice) have been going on now for years, and PSP does not appear to have a clear plan in place to abate these wait times.

As a result, Judge McCullough held

The Court therefore concludes that Petitioners have made a preliminary showing that PSP has a statutory duty under sections 6111.1(b) and 6111.1(c) of the Firearms Act to conduct immediate background checks and provide the results immediately or, at least, without delay. It further has a duty to employ a sufficient number of operators in the PICS Operations Section to ensure that all of its duties under section 6111.1 are administered expeditiously. PSP is in violation of section 6111.1 in that the results from a significant portion of PICS background checks are delayed significantly, which delays are causing financial harm to sellers. The delays are caused at least in part by PSP’s failure to adequately staff its PICS Operations Section to meet increased demand.

Petitioners have established all of the prerequisites for the Court to grant preliminary relief. The Court accordingly will grant Petitioners’ Application in part and enjoin PSP from further noncompliance with section 6111.1 of the Firearms Act. The Court will defer awarding additional relief until after the final disposition of the preliminary objections set for expedited argument on September 12, 2022.

If your constitutional rights have been infringed upon by the Commonwealth or agency thereof, contact FICG today to discuss YOUR options

https://blog.princelaw.com/2022/09/0...ground-checks/

[streaker69]

The court wrote a lot of words, which the PSP will continue ignore, and no individual will be held responsible.

Let me know when the court actually holds the PSP in contempt and jails the one responsible for their failures. I won't hold my breath.

The buck stops here, put him in jail.

[JaySmith]

Last week I had a PICS check come back in 45min, which was the shortest time I've ever had. Normally it's 6 hours minimum. What would be nice is just checking for a valid CCW like other states. You can check with police quickly and easily to validate a ccw and if it's good, no paperwork necessary.

[Emptymag]

It sounds like hell is freezing over, but Streaker is probably correct.

[Emptymag]

It sounds like hell is freezing over, but Streaker is probably correct.

[USMC3531]

Last week I had a PICS check come back in 45min, which was the shortest time I've ever had. Normally it's 6 hours minimum. What would be nice is just checking for a valid CCW like other states. You can check with police quickly and easily to validate a ccw and if it's good, no paperwork necessary.

Must be something with your name, I've only once had a check take more than 10min

[widgetman101]

Must be something with your name, I've only once had a check take more than 10min

You must be lucky, I just bought a gun this weekend and the guy said it's either instant or 45 minutes to an hour and a half. My wait was about 45 minutes or so which is about average for me.

[JaySmith]

Must be something with your name, I've only once had a check take more than 10min

Maybe. Typically it's next day for me every time. I can count on one hand the same day approvals i've had in the past 20 years.

[ImminentDanger]

It seems likely that the PSP response will be 'an instant' denial to meet the requirement for 'an instant decision'.

What's the penalty for 'incorrectly' denying a PICS request.

...

[HanzMcFeely]

You must be lucky, I just bought a gun this weekend and the guy said it's either instant or 45 minutes to an hour and a half. My wait was about 45 minutes or so which is about average for me.

Last 3 i’ve done recently have averaged 20 min or less… prior to that it was an hour and a half or more, upwards of 3-4 days in “research” status (only had that happen once…)

They seem to go quicker when it gets called in by phone and an operator comes on than it does thru e-pics