Pennsylvania firearm background check question

[jbswift]

Hi all, this looks like a great forum to find like minded people and to coordinate support for each other and our constantly attacked second amendment rights.

My question is in regards to hold placed on background checks.

Almost twenty days ago I went to a local gun shop to purchase a firearm. The gentleman behind the counter came back to tell me that due to the high volume the background check people placed me on a 14-15 day hold citing that the person on the phone couldn't even find me in their system.

I have looked everywhere for an answer regarding what happens our what should happen if a background check is not returned with a decision within the fourteen day timeframe.

Is there anyone who may know the answer to this or what my rights are in this situation. I would really appreciate it.

I know in Texas that if they are unable to provide an answer that the purchaser may purchase the firearm and take possession of it.

Thanks for your help.

[Exbiker]

Did you give your SS number on the form?

[free2live]

Hey Jb I feel your pain. The same exact thing happened to me. I'm on my 22nd day of my 15 day wait and still haven't heard anything.

Don't quote me on this, I may be wrong, but I was told by a friend who is also in a similar situation that after 30 days it's an automatic denial. You then have to submit a challenge form.

To answer Exbiker, I used my SS on the form, so I find it odd that they couldn't figure out I'm allowed to purchase a firearm and are still having trouble with figuring it out.

[jbswift]

I don't recall if I gave my SS number. Turns out I barked a little too soon. They called me today to tell me I was approved.

I would still like to know the laws regarding approval timetable.

[tl_3237]

I don't recall if I gave my SS number. Turns out I barked a little too soon. They called me today to tell me I was approved.

I would still like to know the laws regarding approval timetable.

When a system is down:

For the nationwide NICS it's proceed in 3 business days if no decision

For Pa's PICS it's 48 hours from the beginning of the system downtime. Purchase during a system failure are delayed at most 48 hours and may not be delayed at all if the system has already be down for those two days before you try to purchase.

18 USC 922: Unlawful acts

(t)(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless-

(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;

and

(C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d)(1) of this title) of the transferee containing a photograph of the transferee.

18 Pa CS § 6111.1. Pennsylvania State Police.

(b) Duty of Pennsylvania State Police.--

(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.

Remember these time-frames are authorization for the FFL to proceed but it's still an individual business decision on his part as to whether he'll complete the transfer.

If PICS put you in a delayed status, I'm not aware of any statutory time limit.

[ideaman]

I recently bought 3 differnet pistols at different times and was approved the same day.

[jbswift]

This was helpful. Thank you.