Pennsylvania State Police Testifies That It Misleads the PA General Assembly In Annual Firearms Report Regarding Background Check Delays And More…

Posted on by Joshua Prince, Esq.

Yesterday, during our hearing for a preliminary injunction against the Pennsylvania State Police in relation to the substantial delays in its responses to background check determinations (i.e. approvals/denials) in Firearms Owners Against Crime – Institute for Legal, Legislative, and Educational Action (FOAC-ILLEA), et al v. PSP Commissioner Evanchick, 218 MD 2022, Lieutenant Shandra Keeler, Director of the Firearms Division, testified, under oath, that they purposely do not include the time the PICS Operations Unit is closed (i.e. 10PM to 8AM) in the calculation of their average determination times provided to the General Assembly in the PSP’s annual firearm reports as required by 18 Pa.C.S. 6111.1(i). During further questioning, Lt. Keeler admitted that if a background check determination was submitted at 9:30 PM and not approved until 8:05 AM the next morning, the PSP would calculate that approval/determination time as 35 minutes, instead of 10 hrs, 35 minutes or 635 minutes. In doing so, it would appear that the PSP is violating Section 6111.1(i), as the PSP does not include a notice to the General Assembly of this practice in its annual reports. Further, she testified that the average delay time in 2019 was 15 minutes, but in 2021, it was 82 minutes – a 550% increase. She did not have information as to the average delay currently.

Lt. Keeler also testified that they have two shifts (7AM – 3PM and 2:30 – 10:30PM), whereby the first shift has double the number of PICS operators as compared to the second shift, based on the number of transactions typically occurring during those time frames. During cross-examination, she stated that the shift patterns are typically reviewed annually, but that she could not recollect the last time they were reviewed, that they have no present intention to review the shift patterns, and she agreed that it would likely make sense that more background checks occur outside of normal business hours (9AM – 5PM) for those who are employed and thus, the second shift should have more operators than the first. She also stated that while they previously mandated overtime, they are not currently doing it and while they have an estimate of for 100 calls in the queue, their operators can get through them in 1 hour, she admitted that they’ve never actually verified the accuracy of that estimate and they don’t have a margin of error rate for this “estimate.”

Moreover, she testified that the PICS Operations Unit, at full complement, should be 72 employees, but currently only has 64 and that they have a high turnover rate (41 employees left between 2019 and 2021). She also admitted that they’ve requested an additional 20 employees (which would bring the total complement to 92) for the PICS Operations Unit, but contended that they were awaiting appropriations from the General Assembly to fund those position. On cross-examination, she conceded that in the PSP’s budget request, it admitted that the PSP can already fund the additional 20 employees for the PICS Operations Unit from the Gun Check appropriation fund (which is a restricted fund that can only be utilized for background check-related expenses) but that they have not posted those 20 jobs as being available. Basically, the PSP is holding law-abiding gun owners/purchasers hostage for its desire to obtain even more appropriations, after just last year, its General Government Operations appropriation (which is how it pays its employees) more than doubled, going from $183,253,000 to $441,366,00. And that is just in relation to that appropriation. The PSP’s total current appropriation grew to almost $1.4 billion in total for July 2021-June 2022…and now it is seeking even more for the July 2022-June 2023 fiscal year…

If you’re appalled by the actions of the PSP, contact your state representatives and demand that they hold the PSP accountable.

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.

Published by Joshua Prince, Esq.

With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon. I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with: - License to Carry Firearms Denials; - Challenges to Erroneous PICS Denials; - Relief from Firearms Disabilities; - Estate Planning Advice; - Gun/NFA Trusts; and - 42 USC 1983 Actions for Deprivation of Civil Rights At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding: - ATF Compliance Inspections; - Warning Letters and Hearings; - FFL Revocations; - Corporate Structure Advice - Indoor/Outdoor Range Implementation; and - Forfeiture Proceedings In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI). While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2. You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth. Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).

7 thoughts on “Pennsylvania State Police Testifies That It Misleads the PA General Assembly In Annual Firearms Report Regarding Background Check Delays And More…”

  2. I, as a small gun store have been trying too get people on board with holding PA State Police accountable for these infractions. I have tried talking to Senators and Representatives. I get little satisfaction. Basically we’re working on it. I have gotten responses like ( I will have to paraphrase. I’m not looking at my E-mails.) What does it matter? What’s your hurry? I have a great track record with voting pro 2nd amendment, But if your not my constituent, NOBODY CARES, Don’t you have a group or organization that you pay that could help you with this? And my favorite one. I was asked me several times to be removed from my E-Mail list. This is nothing more than a backdoor waiting period. And a way to deter people from buying. I have seen the system backed up over 10 hours. The name says instant. I have people who hold C&R FFL’s who wait for hours to buy a modern firearm. These people have already been checked by FBI to hold an FFL. There are many ways to remedy this situation and nobody will do anything to fix it correctly. I can’t even get other dealers in on this let alone customers. Everyone is afraid to say anything. WHY??? This has limited my sales over the last year and I’m sure many many others have seen the affects. I have contacted other groups including the NRA and have gotten little response. And absolutely nothing from NRA. Won’t even call me back to answer some questions. Thank you for doing something about it. If there is anything I can do to help with this please contact me.

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  3. Furthermore We are charged to use PICS. NICS is free. They charge us to cause us these problems. I don’t have to tell you how government is if a payment is late, But they don’t care how long it takes to do their job. I could go on for hours about this.

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  5. Pingback: FOAC-ILLEA Seeks a Writ of Mandamus, Declaratory and Permanent Injunctive Relief Against the PSP for PICS Delays – Prince Law Offices Blog

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