Pennsylvania Firearm Owners Association
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  1. #1
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    Default Possibly one in our favor - SB 928

    THE GENERAL ASSEMBLY OF PENNSYLVANIA
    SENATE BILL No. 928
    Session of 2011

    INTRODUCED BY SOLOBAY, PIPPY, FONTANA, EARLL, ORIE AND WASHINGTON, APRIL 4, 2011
    REFERRED TO JUDICIARY, APRIL 4, 2011
    The text and the changes proposed in this re-write of part of Title 18 Section 6111 and others is very convoluted, with detailed insertions and large deletions of text. For that reason I will not try to reproduce it here. Please go to the cite below and read the bill for yourself. But here are some of the changes:

    1) Background check through NICS. No reference is made to PICS.
    2) The triplicate report of sale to be filed with PSP is eliminated. (at least from this section) Does this mean the end of the "database"?
    3) Sect 6111.1 Duty of PSP - eliminates all requirement for PSP to provide background checks.

    See: http://www.legis.state.pa.us/CFDOCS/...r=0928&pn=0962


    "Those who can make you believe absurdities can make you commit atrocities".

  2. #2
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    Default Re: Possibly one in our favor - SB 928

    Wait a minute a two waiting period:

    § 6111. Sale or transfer of firearms.
    (a) [Time and manner] Manner of delivery.--
    [(1) Except as provided in paragraph (2), no seller
    shall deliver a firearm to the purchaser or transferee
    thereof until 48 hours shall have elapsed from the time of
    the application for the purchase thereof, and, when
    delivered, the firearm shall be securely wrapped and shall be
    unloaded.

    I read the whole thing and what I got out of it is a two day waiting period (above) and there will be two checks performed. One by NCIS and the other by PICS.

    Why do I have to wait 2 days after I pass the check?

    Sorry I don't see this as one in our favor.
    Last edited by bob2055; April 4th, 2011 at 10:59 PM.

  3. #3
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    Default Re: Possibly one in our favor - SB 928

    Quote Originally Posted by bob2055 View Post
    I read the whole thing and what I got out of it is a two day waiting period (above) and there will be two checks performed. One by NCIS and the other by PICS.
    I think you're misreading the bill. Per the State's "How to Read A Bill" document, brackets indicate text that presently exists in a passed law that will be removed if the bill passes. It says:

    Quote Originally Posted by From the document linked above
    [Light face brackets] are used only in bills amending an existing law. They indicate that anything enclosed thereby appears in the existing law, but that it is proposed to omit it from the law as amended. The brackets and anything enclosed by them are carried along into the pamphlet law version of the bill, if the bill is finally enacted; thus, the reader of the pamphlet law can tell the exact date that the bracketed material was removed from Pennsylvania law.
    The part you quoted is the law as it presently exists and is in full force. The bill seeks to remove that language.

    It sounds like they want to remove PICS altogether, deferring to NICS entirely, and removing the PSP from the equation completely. Does anyone have a different read?

  4. #4
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    Default Re: Possibly one in our favor - SB 928

    I have been working Very Very Closely with Sen. Solobay, Pippy, Rep Tim Kreiger, Kortz, Newman, Metcalf, Saccone, and others on this legislation. I just finished another E-mail tonight of the PICS system Lag Times and Shut Downs that i have been keeping track of in the Gun Shop i work at. this is GREAT LEGISLATION that we need to support.
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  5. #5
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    Default Re: Possibly one in our favor - SB 928

    Sorry for my misreading.

  6. #6
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    Default Re: Possibly one in our favor - SB 928

    How to read a bill 101, to put it simply, anything in brackets will be removed, anything underlined will be added.
    .

  7. #7
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    Default Re: Possibly one in our favor - SB 928

    ick..

    While NICS has a better uptime record, if you get a denial your average appeal time is 115 to 125 DAYS to process versus the PSP's typical within 15 days once they receive your letter. Plus to accelerate the NICS appeal its you need to submit fingerprints.

    I've lived in a state that used NICS.. ...its not all that great compared to PICS.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  8. #8
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    Default Re: Possibly one in our favor - SB 928

    Quote Originally Posted by renegadephoenix View Post
    I have been working Very Very Closely with Sen. Solobay, Pippy, Rep Tim Kreiger, Kortz, Newman, Metcalf, Saccone, and others on this legislation. I just finished another E-mail tonight of the PICS system Lag Times and Shut Downs that i have been keeping track of in the Gun Shop i work at. this is GREAT LEGISLATION that we need to support.
    Thank you for your work on this bill. I may be misunderstanding the net result of this, but it seems that we're going to shift from trusting bureaucrats in Harrisburg, who we have some chance of influencing, to trusting bureaucrats in Washington, who stand a better chance of being influenced by Nancy Pelosi, Chuck Schumer, Eric Holder, and Barack Obama than any of us.

    Do I understand the net result correctly?

    I am in no way defending PICS nor am I arguing that the status quo is acceptable. I'm just trying to understand the practical implications of what we're looking at here.

    Quote Originally Posted by bob2055 View Post
    Sorry for my misreading.
    No apologies needed, Bob. You showed the initiative to read the bill and try to understand it, which is more than many people do. Inbound rep to you for it!

  9. #9
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    Default Re: Possibly one in our favor - SB 928

    Quote Originally Posted by knight0334 View Post
    While NICS has a better uptime record, if you get a denial your average appeal time is 115 to 125 DAYS to process versus the PSP's typical within 15 days once they receive your letter. Plus to accelerate the NICS appeal its you need to submit fingerprints.
    Holy jones, man. That's... awful. 3-4 months to resolve, plus prints? Ugh.

  10. #10
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    Default Re: Possibly one in our favor - SB 928

    The Purpose of this bill is to shut PICS down and go with NICS. the PSP PICS system userps the law by putting people on a delayed status 5 times longer than the statute allows for. Federal law only allows for a 3 day delay before a dealer can make the decision to either sell or not sell. there is also a provision for use of LTCFs as a "Brady Alternative" that is written into Fed Law that if a person is in possession of a LTCF/CCW that they have completed a necessary back ground check and the license number can be used for immediate approval. the 4473 already has a section 2/3 the way down the second page for this use.

    this bill also removes the Record of Sale form and the $5.00 back ground fee.
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