Firearms Owners Against Crime

Institute for Legal, Legislative and Educational Action

Big win in Pennsylvania over permitting and background check delays :: 09/09/2022

Back in April I reported on a case out of Pennsylvania. The case, Firearm Owners Against Crime – Institute for Legal, Legislative and Educational Action, et al. v. PSP Commissioner Evanchick, involved the substantial delays that residents of the Keystone State had to suffer through concerning firearms related background checks.

As reported previously, Pennsylvania is one of the few “point of contact” states concerning the FBI NICS check, and the Pennsylvania State Police acts as an intermediary between the FFL/Issuing Authorities and FBI NICS System. I’ve argued for years that since the NICS system is completely computerized now, such “point of contact” systems are redundant and useless. Further, it’s my belief they’re unconstitutional. A decision came down in the case, and some of it’s consistent with my thoughts exactly.

Attorney Josuha Prince from Prince Law Offices recently reported on the injunction that was handed down on September 2nd.

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.

From the Analysis, we can glean some important details about judge Patricia McCullough’s view on the merits of this case, and the shaky ground that Pennsylvania State Police (PSP) continues to stand on. 

Read More About This Issue Here from Petrolino:

https://bearingarms.com/john-petrolino/2022/09/05/big-win-in-pennsylvania-over-permitting-and-background-check-delays-n62112

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