PICS Checks

[JP8]

Went to buy a rifle today and the PICS check came back as "under research" with a 15 day (at most) wait period. I wasn't too worried about it becuase the salesman told me recently a federal agent (LE) had the same thing happen. Now after reading some of the prior posts here on the subject such as the one about a guy being denied a rifle because of an open container citation, I'm a little worried. I reviewed the PICS criteria on the PSP website and nothing I have done in the past meets their reasons to deny ownership. I've never been convicted of of a misdemeanor, there are no restraining orders against me, never been 302'ed. The citations I have gotten in the past were summary offenses(public drunkeness, disorderly conduct) which I assume you're pleading guilty to when you pay the fine. I wasn't aware the PSP even knew about stuff like that though without calling the county courthouse. My brother got his LTCF about 4 years after a public drunkeness charge.

So I was wondering if any more of you guys have ever heard of someone being denied the right to purchase a rifle based on somthing not on the PSP's list of offenses. Do they follow the law strictly, or is the PICS operator allowed to deny based on their OWN judgement?

[XD45]

A guy that works for me got denied for an open container offense. he wrote a letter to whoever you write the letters to and now he can buy guns again.. but he said thats why he couldn't. why u can have a DUI and still get one, but an open container ticket would deny u is beyond me but thats what he said the reason was. plus if u had a few public drunkenness and disorderlies i could see u getting denied.. hell i'd deny you for that.

[JP8]

A guy that works for me got denied for an open container offense. he wrote a letter to whoever you write the letters to and now he can buy guns again.. but he said thats why he couldn't. why u can have a DUI and still get one, but an open container ticket would deny u is beyond me but thats what he said the reason was. plus if u had a few public drunkenness and disorderlies i could see u getting denied.. hell i'd deny you for that.

Keep in mind, I'm talking about a rifle purchase, not obtaining an LTCF. I can understand where you are coming from and that thankfully is not my personal situation. However, how could someone be denied for those charges if those charges are not listed in the PICS list of disqualifying crimes. I'm hoping your friend had to write the letter because of a clerical error and not because a PICS operator was exercising their own interpretation of the law. As far as I know, citations like an open container, public drunkeness and disorderly conduct carry the same sentence and criminal grading as a (very fast)speeding ticket.

The DUI thing is strange when compared to an open container charge because (to my knowledge) a DUI conviction is considered a violent crime now. No hospital or school jobs.

Lastly, if the previously mentioned crimes are justifiable grounds to deny ownership of a rifle, we'd lose about 1/4 of our nations soldiers and police officers.

[OneLungMcClung]

JUP06 - my .02: I think what you may be seing is a hit on your name. This happens more often with relatively common names. "More Research" means, I think, that the automated system flags your attempted purchase, a human reviews it to see if you are "John Doe" the businessman who has no warrants/record or "John Doe" who is wanted on assault charges. Just a delay.

As to your original question, what offenses can you be denied for in PA, I am not sure - but as with XD45's story, you can write a letter to whomever you write letters to to clear it. The list of PSP offenses are for flat out denials.

[XD45]

does anyone know who it is you'd send that letter to if it would come to that?

[God's Country]

I would think if someone is denied it would have to taken up with the court of common pleas. Just my best guess.

[JP8]

does anyone know who it is you'd send that letter to if it would come to that?

The address is on the appeal form. Available on this page:
http://www.psp.state.pa.us/psp/cwp/v...a=587&q=173218

[knight0334]

Delay's happen from time to time.

Certain things can send up a flag, which then need reviewed. Most of the time the review is complete within 2hrs to 2days.

My Insta-check goes to operator everytime, calls are usually 5-10mins before the dealer gets the "ok".

[WhiteFeather]

PICS problems are trying to be address by State Rep Jesse White HB 1235
It pass the house (197-0) is moving to senate, its a excellent bill to get behind, it would address the problem with people being denied a constitutional right and the expensive legal challenge it requires if you ever run afoul of the system.

read HB 1235 here.
http://www.legis.state.pa.us/cfdocs/...type=B&BN=1235

Note also IF you are ever denied by the PICS system, you better challenge it because IF you don't you are listed as a prohibited individual (person not legally able to posses or use firearms), it creates a defacto judgment against you and not allowed to own the current firearms you may have already legally purchased in the past

[nijwnfi]

Correct me if I'm wrong here, but if the dealer does not hear back from PICS in 3 days can't they proceed with the sale? 15 days for "research", that's bullshit.