Pennsylvania Firearm Owners Association
Page 1 of 4 1234 LastLast
Results 1 to 10 of 33
  1. #1
    Join Date
    Jan 2013
    Location
    ..., Pennsylvania
    (Juniata County)
    Posts
    4,387
    Rep Power
    21474850

    Lightbulb PICS delay? PSP is violating your rights, after Sep 2nd in violation of Court Order

    From email:


    PSP Rebuked and Found Guilty by Commonwealth Court After Suit by FOAC-ILLEA

    Last week, a milestone was reached in Pennsylvania politics with Commonwealth Court Judge Patty McCullough rendering a decision against the Pennsylvania State police and the PICs unit for not complying with Pennsylvania law.

    Ever since ACT 17 (S.S.H.B.110) passed back in 1995, we have maintained that the system was illegal and operating outside the law, since this system came online in 1998.

    Through our general counsel, Josh Prince, and with the able assistance of Dillon Harris and his Firearms Civil Rights Legal Defense firm, which was retained by Firearms Owners Against Crime – Legal, legislative, and Educational Action along with two firearms dealers, Jim Stoker and Landmark Firearms LLC.

    See Josh’s post at this link: https://blog.princelaw.com/2022/09/0...ground-checks/

    This legal action was extremely expensive, for an all-volunteer group who has been around in Pennsylvania for decades, if you are able to or care to donate to FOAC-ILLEA that will be ‘greatly’ appreciated!

    If you want to read further, go here for the decision: https://princelaw.files.wordpress.co...injunction.pdf

    Details of the bill in question can be found here.

    more info: https://princelaw.files.wordpress.co...injunction.pdf



    Thank you for your continued support!


    ************
    From blog post:


    Posted on September 2, 2022 by Joshua Prince, Esq.
    Today, Chief Counsel Joshua Prince, assisted by Attorney Dillon Harris, secured a monumental victory for the residents of Pennsylvania, when the Commonwealth Court Judge Patricia McCullough issued a preliminary injunction against the Pennsylvania State Police in Firearm Owners Against Crime – Institute for Legal, Legislative and Educational Action, et al. v. PSP Commissioner Evanchick, in relation to its non-compliance with 18 Pa.C.S. 6111.1, by failing to provide instantaneous or otherwise immediate responses to firearm background checks.

    Specifically, in reviewing the testimony and evidentiary record, Judge McCullough found

    Lt. Keller confirmed that wait times routinely exceed 9-10 hours during peak times. In fact, the background check of Benjamin Brown, the owner of Petitioner Landmark Firearms, LLC, took over 20 hours, which is especially surprising because he is the holder of a federal firearms license which authorizes him to sell firearms and, as such, he is clearly not a person prohibited by law from obtaining a firearm. The testimony
    further revealed numerous instances where prospective purchasers of firearms canceled their purchases because of excessive wait times, thus causing Petitioners to lose the profits that they would have received from those sales. These delays, especially during gun shows (of which PSP has prior notice) have been going on now for years, and PSP does not appear to have a clear plan in place to abate these wait times.

    As a result, Judge McCullough held

    The Court therefore concludes that Petitioners have made a preliminary showing that PSP has a statutory duty under sections 6111.1(b) and 6111.1(c) of the Firearms Act to conduct immediate background checks and provide the results immediately or, at least, without delay. It further has a duty to employ a sufficient number of operators in the PICS Operations Section to ensure that all of its duties under section 6111.1 are administered expeditiously. PSP is in violation of section 6111.1 in that the results from a significant portion of PICS background checks are delayed significantly, which delays are causing financial harm to sellers. The delays are caused at least in part by PSP’s failure to adequately staff its PICS Operations Section to meet increased demand.

    Petitioners have established all of the prerequisites for the Court to grant preliminary relief. The Court accordingly will grant Petitioners’ Application in part and enjoin PSP from further noncompliance with section 6111.1 of the Firearms Act. The Court will defer awarding additional relief until after the final disposition of the preliminary objections set for expedited argument on September 12, 2022.

    If your constitutional rights have been infringed upon by the Commonwealth or agency thereof, contact FICG today to discuss YOUR options

    https://blog.princelaw.com/2022/09/0...ground-checks/
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  2. #2
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
    Posts
    20,056
    Rep Power
    21474873

    Default Re: PICS delay? PSP is violating your rights, after Sep 2nd in violation of Court Ord

    The court wrote a lot of words, which the PSP will continue ignore, and no individual will be held responsible.

    Let me know when the court actually holds the PSP in contempt and jails the one responsible for their failures. I won't hold my breath.

    The buck stops here, put him in jail.

    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  3. #3
    Join Date
    Feb 2021
    Location
    Reading, Pennsylvania
    Posts
    500
    Rep Power
    21474838

    Default Re: PICS delay? PSP is violating your rights, after Sep 2nd in violation of Court Ord

    Last week I had a PICS check come back in 45min, which was the shortest time I've ever had. Normally it's 6 hours minimum. What would be nice is just checking for a valid CCW like other states. You can check with police quickly and easily to validate a ccw and if it's good, no paperwork necessary.

  4. #4
    Join Date
    Jan 2007
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
    Posts
    30,980
    Rep Power
    21474882

    Default Re: PICS delay? PSP is violating your rights, after Sep 2nd in violation of Court Ord

    It sounds like hell is freezing over, but Streaker is probably correct.
    I called to check my ZIP CODE!....DY-NO-MITE!!!

  5. #5
    Join Date
    Jan 2007
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
    Posts
    30,980
    Rep Power
    21474882

    Default Re: PICS delay? PSP is violating your rights, after Sep 2nd in violation of Court Ord

    It sounds like hell is freezing over, but Streaker is probably correct.
    I called to check my ZIP CODE!....DY-NO-MITE!!!

  6. #6
    Join Date
    Sep 2011
    Location
    Mt. Pleasant
    Posts
    2,219
    Rep Power
    21474850

    Default Re: PICS delay? PSP is violating your rights, after Sep 2nd in violation of Court Ord

    Quote Originally Posted by JaySmith View Post
    Last week I had a PICS check come back in 45min, which was the shortest time I've ever had. Normally it's 6 hours minimum. What would be nice is just checking for a valid CCW like other states. You can check with police quickly and easily to validate a ccw and if it's good, no paperwork necessary.
    Must be something with your name, I've only once had a check take more than 10min

  7. #7
    Join Date
    Oct 2015
    Location
    State College, Pennsylvania
    Posts
    286
    Rep Power
    20183390

    Default Re: PICS delay? PSP is violating your rights, after Sep 2nd in violation of Court Ord

    Quote Originally Posted by USMC3531 View Post
    Must be something with your name, I've only once had a check take more than 10min
    You must be lucky, I just bought a gun this weekend and the guy said it's either instant or 45 minutes to an hour and a half. My wait was about 45 minutes or so which is about average for me.

  8. #8
    Join Date
    Feb 2021
    Location
    Reading, Pennsylvania
    Posts
    500
    Rep Power
    21474838

    Default Re: PICS delay? PSP is violating your rights, after Sep 2nd in violation of Court Ord

    Quote Originally Posted by USMC3531 View Post
    Must be something with your name, I've only once had a check take more than 10min
    Maybe. Typically it's next day for me every time. I can count on one hand the same day approvals i've had in the past 20 years.

  9. #9
    Join Date
    Dec 2008
    Location
    ...
    (York County)
    Posts
    1,723
    Rep Power
    21474851

    Default Re: PICS delay? PSP is violating your rights, after Sep 2nd in violation of Court Ord

    It seems likely that the PSP response will be 'an instant' denial to meet the requirement for 'an instant decision'.

    What's the penalty for 'incorrectly' denying a PICS request.

    ...

  10. #10
    Join Date
    Jul 2020
    Location
    In a college town, Pennsylvania
    Posts
    836
    Rep Power
    21474839

    Default Re: PICS delay? PSP is violating your rights, after Sep 2nd in violation of Court Ord

    Quote Originally Posted by widgetman101 View Post
    You must be lucky, I just bought a gun this weekend and the guy said it's either instant or 45 minutes to an hour and a half. My wait was about 45 minutes or so which is about average for me.
    Last 3 i’ve done recently have averaged 20 min or less… prior to that it was an hour and a half or more, upwards of 3-4 days in “research” status (only had that happen once…)

    They seem to go quicker when it gets called in by phone and an operator comes on than it does thru e-pics

Page 1 of 4 1234 LastLast

Similar Threads

  1. Replies: 27
    Last Post: March 18th, 2014, 07:51 PM
  2. Glock LE order delay
    By Jumstein in forum Pistols
    Replies: 29
    Last Post: January 23rd, 2013, 11:14 PM
  3. Violation of Civil Rights-How to bring it to Court
    By Steven Palmer in forum General
    Replies: 23
    Last Post: July 25th, 2010, 09:23 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •