HB 280 Replacing PICS with NICS

[Brick]

Kinda like replacing a headache with ah upset stomach. Besides reading this, I STRONGLY recommend you to go to https://www.gao.gov/products/GAO-18-440 and read "Few Individuals Denied Firearms Purchases Are Prosecuted and ATF Should Assess Use of Warning Notices in Lieu of Prosecutions" GAO-18-440: Published: Sep 5, 2018. Publicly Released: Sep 5, 2018. which covers prosecution of NICS violators.

Regular Session 2021-2022
House Bill 280
Short Title: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for definitions, for licenses, for sale or transfer of firearms and for Pennsylvania State Police, repealing provisions relating to firearm sales surcharge and to Firearm Records Check Fund and further providing for licensing of dealers and for administrative regulations.
Prime Sponsor: Representative ORTITAY
Last Action: Referred to JUDICIARY, Jan. 27, 2021 [House]
Memo: Repealing and Replacing Pennsylvania’s Gun Background Check System and Improving the Reporting of PFA’s

[wew3]

Here's his memo on the bill - https://www.legis.state.pa.us//cfdoc...cosponId=34016

Bill

[bug]

Here's his memo on the bill - https://www.legis.state.pa.us//cfdoc...cosponId=34016

Bill

If it's going to help or do something good for US, then it is of no use to THEM.

[gnbrotz]

I understand the arguments in favor of keeping PICS, but I support the proposed legislation.

All of the states that rely on PICS, and benefit from the "Brady alternative" (LTCF shown in place of background check) are pretty pro-gun, and at a quick glance, many of them have far friendlier gun laws that PA does currently.

I acknowledge the potential downfalls of this change, but I believe it's "standard practice" in enough areas that are full of strong gun ownership sentiment to demonstrate the benefits. If the problems "avoided by the existence of PICS" were significant and frequent in those states, I believe one of more of them would have moved towards a system like ours as a solution. That hasn't happened, so the successes are great enough to outweigh the potential negatives in my own mind.

[father-of-five]

I think there was some movement to do this in 2020 too. Some guy on facebook last year was saying PICS is worse than NICS. I have heard multiple complaints about NICS on the new jersey gun forums. I know 2020 has been difficult on both systems.

[ett]

I think there was some movement to do this in 2020 too. Some guy on facebook last year was saying PICS is worse than NICS. I have heard multiple complaints about NICS on the new jersey gun forums. I know 2020 has been difficult on both systems.

Haven't PA pro gun organizations been trying to replace PICS with NICS since like forever ?

[CopaMundial]

Would this do away with the blatantly unconstitutional registry that PA State Police have been allowed to build by virtue of the non-sensical ruling in Allegheny County Sportsmen vs Rendell?

[Rotorwash]

I do not love this idea. Right now we as PA residents control the process through PICS. Once that goes away, we are at the mercy of the federal government. I would rather keep these functions internal than let CA, NY, NJ, etc weigh in on it. I may have this wrong, but any control we give up as a state is a step backwards in my opinion.

[gnbrotz]

I disagree. Our governor, AG, and PSP brass control the process. They make changes outside of legislated mandates at whim, and do not bend unless court action forces them to.

Almost half of states do not rely on their own systems, and the ones that do typically lean towards a general anti-gun attitude. Their state systems allows them to identify, flag and deny for things that would not be an issue for most states and the NICS process. The states with more gun-friendly attitudes rely on NICS and take advantage of the "Brady alternative." If undue hardship during the process were the norm, it doesn't make sense that states like AK, AZ, KY, MT, NE, NV, SD, TX, UT, and WV would continue to tolerate it.

[eagleclaw]

Would this do away with the blatantly unconstitutional registry that PA State Police have been allowed to build by virtue of the non-sensical ruling in Allegheny County Sportsmen vs Rendell?

It would not. The reason is the state police update their handgun registry with the Application/Record of sale form that a handgun buyer fills out at the time of sale. The PSP registry was in place before PICs existed. It would take a seperate bill to dissolve the PSP handgun registry.