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June 26th, 2021, 12:51 PM #1Junior Member
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West Chester,
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Can PICS say yes if NICS says no?
Question about how PICS and NICS relate.
When PICS checks NICS, are they just getting information, or are they getting a binding determination?
Does PICS make the judgment call solely on their own authority as to whether the sale can proceed, or in a denial based on NICS info does NICS tell them no and their hands are tied?
Not really clear on how the point-of-contact thing works and who is making the judgment call when PICS does a check.
Scenario - You have a PA conviction. NICS erroneously thinks it's disabling when it is not. You submit to a PICS check and are denied. You file a PICS appeal, and on appeal they determine that your conviction is not disabling. Is PICS free to approve in spite of the NICS finding, or would you have to take it up with the feds? Is PICS getting a binding determination from NICS, or just information?Last edited by wilshire; June 26th, 2021 at 01:38 PM.
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June 26th, 2021, 01:48 PM #2
Re: Can PICS say yes if NICS says no?
PICS can say yes if NICS says no.
However, PICS is likely to automatically go with the NICS determination if you do not go to operator.
That is an advantage of the POC system versus a direct NICS-only determination. ....that and, PICS challenges only take 1-4 weeks versus NICS 2-12 MONTHS.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!
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June 26th, 2021, 02:17 PM #3
Re: Can PICS say yes if NICS says no?
Any felony conviction in PA is prohibiting. The lowest felony, F or F3, has a possible sentence of 7 years regardless as to how much time was given.
Any M1 in PA is prohibiting, unless that specific law has otherwise. M1's have a possible sentence of 5 years.
Under federal law, any felony(state or federal) or any federal misdemeanor that has a max possible sentence more than 1 year is prohibiting.
Under federal law, any state misdemeanor that has a max possible sentence over 2 years is prohibiting.
Under federal law, any level of misdemeanor domestic violence is prohibiting.
It doesn't matter how much time the judge makes a person serve, what matters is the maximum possible amount of time that the law says a person can be sentenced to.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!
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