pa2a.org


Share Thread:  
ePICS System Online, Might not Be Legal
#1
In a letter dated January 31, 2014 the PSP Firearms Division announced the release of an online portal for the processing of background checks through the Pennsylvania Instant Check System. That portal has been operational since February 3rd, but it might not even be legal.

While modernization is a positive thing statutes often lag behind in embracing technology. This is the case with Title 18 § 6111, which covers the sale and transfer of firearms.

Here's the relevant portion of that statue: http://www.legis.state.pa.us/cfdocs/legi...&subsctn=0

Quote:(b) Duty of seller.--No licensed importer, licensed manufacturer or licensed dealer shall sell or deliver any firearm to another person, other than a licensed importer, licensed manufacturer, licensed dealer or licensed collector, until the conditions of subsection (a) have been satisfied and until he has:

...

(3) Requested by means of a telephone call that the Pennsylvania State Police conduct a criminal history, juvenile delinquency history and a mental health record check. The purchaser and the licensed dealer shall provide such information as is necessary to accurately identify the purchaser. The requester shall be charged a fee equivalent to the cost of providing the service but not to exceed $2 per buyer or transferee.

Here's the penalties:

Quote:(g) Penalties.--
(1) Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly or intentionally sells, delivers or transfers a firearm in violation of this section commits a misdemeanor of the second degree.

...

(h) Subsequent violation penalty.--
(1) A second or subsequent violation of this section shall be a felony of the second degree. A person who at the time of sentencing has been convicted of another offense under this section shall be sentenced to a mandatory minimum sentence of imprisonment of five years. A second or subsequent offense shall also result in permanent revocation of any license to sell, import or manufacture a firearm.

While it may seem like a stupid matter, I don't care to mess around with technical felonies that exist just because statutes are outdated.

I'm posting this on the forum here and asking, am I reading this wrong? Or am I right and the PSP has just told every dealer in the state that they can start making technical misdemeanor and felony offenses by running background checks through a system that the law doesn't yet allow?
IronSight, proud to be a member of pa2a.org since Sep 2012.
Reply
#2
I would hope that there would be some allowances for wording changes, when the intent doesn't change.

Justin
[Image: pafoasig.png]
Reply
#3
JustinHEMI;133968 Wrote:I would hope that there would be some allowances for wording changes, when the intent doesn't change.

Justin

As would I, I just don't want to rely on hope when my job dictates I run PICS checks constantly. Dealers are flocking to this online system quickly because the old system is outdated, but my worry is that despite being modern and easier this system might need a legislative change to actually be legal.
IronSight, proud to be a member of pa2a.org since Sep 2012.
Reply
#4
IANAL, but I bet it's going to come down to intent. I don't see anyone prosecuting for something that the state provided, based on the word telephone, especially if dealers are flocking to it.

I don't see that word making an online system illegal. But again, I'm not a lawyer so I'm just speculating.


Justin
[Image: pafoasig.png]
Reply
#5
JustinHEMI;133972 Wrote:IANAL, but I bet it's going to come down to intent. I don't see anyone prosecuting for something that the state provided, based on the word telephone, especially if dealers are flocking to it.

I don't see that word making an online system illegal. But again, I'm not a lawyer so I'm just speculating.


Justin

I think a prosecution would be unlikely; but I'm going in to a local state rep's office in the morning to get the matter before a staff attorney tomorrow.
IronSight, proud to be a member of pa2a.org since Sep 2012.
Reply
#6
Keep us posted!

Justin
[Image: pafoasig.png]
Reply
#7
There are several legislative offices investigating this right now, including one in a strong leadership position. I'll say exactly which ones after I hear anything back.
IronSight, proud to be a member of pa2a.org since Sep 2012.
Reply
#8
So if this turns out not to be legal until the law is updated, what happens to all those PICS checks that were already completed?
Reply
#9
streaker69;134065 Wrote:So if this turns out not to be legal until the law is updated, what happens to all those PICS checks that were already completed?

Obama ships the buyer and seller to Guantanamo Bay and make them go through one continuous set of TSA checkpoints while the NSA spies on you, and Eric Holder sells the confiscated firearms to the Mexican drug cartels while the IRS audits your entire extended family.















Tongue
[Image: pa_zps59e4c512.png?t=1379682235]
Reply
#10
Philadelphia Patriot;134067 Wrote:
streaker69;134065 Wrote:So if this turns out not to be legal until the law is updated, what happens to all those PICS checks that were already completed?

Obama ships the buyer and seller to Guantanamo Bay and make them go through one continuous set of TSA checkpoints while the NSA spies on you, and Eric Holder sells the confiscated firearms to the Mexican drug cartels while the IRS audits your entire extended family.

Tongue

So basically nothing changes.
I am not a lawyer.
Reply








Users browsing this thread: 1 Guest(s)

Software by MyBB, © 2002-2015 MyBB Group.
Template by Modogodo Design.