ffl transfers during a grid down situation

[jcabin]

Had a thought the other day when reading up on the latest solar flare activity. Suppose the grid goes down for whatever reason. Let's say its an extended period of time like several weeks or months. How does an ffl transfer guns lawfully without pics or nics?

[ByblosHex]

What does the law say?

[tl_3237]

What does the law say?

Depending on how big the grid shutdown is determines whether PICs and/or NICS would be down. Here's how I read it ...

As to PICS it would appear that transactions could still be done in its absence under 18 Pa CS 6111.1(b)(2):

(2) In the event of electronic failure, scheduled computer downtime or similar event beyond the control of the Pennsylvania State Police, the Pennsylvania State Police shall immediately notify the requesting licensee of the reason for and estimated length of the delay. If the failure or event lasts for a period exceeding 48 hours, the dealer shall not be subject to any penalty for completing a transaction absent the completion of an instantaneous records check for the remainder of the failure or similar event, but the dealer shall obtain a completed application/record of sale following the provisions of section 6111(b)(1) and (1.1) (relating to sale or transfer of firearms) as if an instantaneous records check has not been established for any sale or transfer of a firearm for the purpose of a subsequent background check.

The dealer would still be required to contact NICS in the event that PICS is unavailable. If NICS were to be unavailable then a 3-day waiting period after NICS was contacted is implemented:

18 USC 922(t)(1)

(A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act;

(B)

(i) the system provides the licensee with a unique identification number; or
(ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section;

[ByblosHex]

Looks like a pretty good answer to me.

[gnbrotz]

Looks like a pretty good answer to me.

Except we already know for a fact that's not how things will go down here in PA. Anyone remember this:

http://forum.pafoa.org/general-2/891...cs-outage.html

[ByblosHex]

Except we already know for a fact that's not how things will go down here in PA. Anyone remember this:

http://forum.pafoa.org/general-2/891...cs-outage.html

Well, he was asking "How does an ffl transfer guns lawfully without pics or nics?" So, the answer given was a pretty damned good answer to that.

[gnbrotz]

Well, he was asking "How does an ffl transfer guns lawfully without pics or nics?" So, the answer given was a pretty damned good answer to that.

I agree.

I just think it's important to remember that this is (yet another) one of those cases where "what the law says" isn't what happens here in the real world.

[twency]

Except we already know for a fact that's not how things will go down here in PA. Anyone remember this:

http://forum.pafoa.org/general-2/891...cs-outage.html

Rather than zombifying that thread by asking there, what was the upshot of that situation? Was there an outage when all was said and done?

[gnbrotz]

Rather than zombifying that thread by asking there, what was the upshot of that situation? Was there an outage when all was said and done?

It happened, and AFAIK, there was neither any court action that successfully stopped it (obviously), or to rule it inappropriate after the fact.

[ByblosHex]

How long was the outage?