Pennsylvania State Police Sued Over Substantial Delays for Firearm BackGround Check Determinations And Disenfranchisement of Second Amendment Rights

On Friday, Chief Counsel Joshua Prince and attorney Dillon Harris of the Firearms Industry Consulting Group (FICG) filed a lawsuit against Pennsylvania State Police (PSP) Commissioner Robert Evanchick on behalf of Firearms Owners Against Crime – Institute for Legal, Legislative, and Educational Action (FOAC-ILLEA) and several Federal Firearm Licensees (FFLs) and individuals in Pennsylvania, in relation to the PSP’s substantial delays in performing firearm purchase/transfer background checks, as well as, those associated with licenses to carry firearms.

As averred in the lawsuit, Commissioner Evanchick has instituted a practice, in direct defiance of the General Assembly’s mandate, that purposely understaffs the PSP’s Instant Check Unit by only employing two individuals as operators for conducting almost 1.5 million background checks per year, resulting in delays, as admitted by the PSP on its own website, that typically exceed 7 hours, and in some occasions, exceed 34 hours, even though the statutes require the background check system to be “instantaneous.” As a result of Commissioner Evanchick’s practice, numerous individuals have been disenfranchised of their statutory and constitutional rights under the Pennsylvania and U.S. Constitutions. In fact, one of plaintiffs, who holds an FFL, was delayed in excess of 22 hours by the PSP, even though, there can be no dispute that he is not prohibited from purchasing, possessing, and utilizing firearms, because if he were, he would be ineligible for an FFL.

The lawsuit seeks declaratory relief that Commissioner Evanchick’s practice is unlawful and additionally seeks an injunction requiring the PSP to comply with the General Assembly’s mandate that the background check system be instantaneous. You can find FOAC-ILLEA’s press release here.


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

9 thoughts on “Pennsylvania State Police Sued Over Substantial Delays for Firearm BackGround Check Determinations And Disenfranchisement of Second Amendment Rights

  1. Great , thanks for the update .

    On Mon, Apr 11, 2022, 4:45 PM Prince Law Offices Blog wrote:

    > Joshua Prince, Esq. posted: ” On Friday, Chief Counsel Joshua Prince and > attorney Dillon Harris of the Firearms Industry Consulting Group (FICG) > filed a lawsuit against Pennsylvania State Police (PSP) Commissioner Robert > Evanchick on behalf of Firearms Owners Against Crime – Institut” >

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  2. Wow, under Tom Wolf the PSP they act in an anti-gun manner. I’m shocked, shocked I tell you!

    Actually I’d be shocked if they didn’t do it really. Cops follow (Command cops that is.) their bosses wishes, even if it’s not a direct order.

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  3. For years PSP has referenced “ high volume of callers etc.” The money collected should easily pay for more operators. They certainly have the money and time to dissect remittance forms and point out small clerical errors of dealers. With more dealers using the computer system versus the phone system there is no excuse for the long delays other than to intentionally hinder the lawful sale of firearms.

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  4. Where are we at this point. The delays are still there even though sales have dropped terribly low compared to last year? I still get 1 and 2 hour delays every day. And, How do we get rid of PICS all together?

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  5. Hi Joshua. How could we avoid children to get such firearms. We already dealt with a lot of school shooting and I think one of the ways is to know if the buyer though qualifies should also not have a minor child/children at home.

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    1. Per NYSRPA v. Bruen, as as our Nation has no tradition of stripping individuals of their Second Amendment rights as a result of having children in the home, any such regulation would be unconstitutional. The issue is not the guns, as there are thousands of ways, absent a gun, that a minor (or anyone else for that matter) could carry out mass attacks. Many of them are sitting under the kitchen sink and in the garage. The issues that need to be addressed, and as I previously testified to, are (1) the breakdown in the family unit; (2) mental health; and (3) the effects of SSRI drugs on the juvenile brain. When you consider that the side-effects of SSRI drugs is to have homicidal ideations and there are no studies on SSRI drug effects on the juvenile brain, because big Pharma doesn’t want what they already know to get out, I believe the SSRI drug factor is one of the biggest factors, especially when you consider that all the school shooters were on one or another SSRI drug. See my testimony here – https://blog.princelaw.com/2019/09/25/chief-counsel-joshua-prince-testifies-regarding-mental-health-and-proposals-restricting-second-amendment-rights-before-the-pa-senate-judiciary-committee/

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