MONUMENTAL DECISION – Pennsylvania State Police ENJOINED In Relation to Substantial Delays In Firearm Background Checks

Posted on by Joshua Prince, Esq.

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.

Specifically, in reviewing the testimony and evidentiary record, Judge McCullough found

Lt. Keller confirmed that wait times routinely exceed 9-10 hours during peak times. In fact, the background check of Benjamin Brown, the owner of Petitioner Landmark Firearms, LLC, took over 20 hours, which is especially surprising because he is the holder of a federal firearms license which authorizes him to sell firearms and, as such, he is clearly not a person prohibited by law from obtaining a firearm. The testimony
further revealed numerous instances where prospective purchasers of firearms canceled their purchases because of excessive wait times, thus causing Petitioners to lose the profits that they would have received from those sales. These delays, especially during gun shows (of which PSP has prior notice) have been going on now for years, and PSP does not appear to have a clear plan in place to abate these wait times.

As a result, Judge McCullough held

The Court therefore concludes that Petitioners have made a preliminary showing that PSP has a statutory duty under sections 6111.1(b) and 6111.1(c) of the Firearms Act to conduct immediate background checks and provide the results immediately or, at least, without delay. It further has a duty to employ a sufficient number of operators in the PICS Operations Section to ensure that all of its duties under section 6111.1 are administered expeditiously. PSP is in violation of section 6111.1 in that the results from a significant portion of PICS background checks are delayed significantly, which delays are causing financial harm to sellers. The delays are caused at least in part by PSP’s failure to adequately staff its PICS Operations Section to meet increased demand.

Petitioners have established all of the prerequisites for the Court to grant preliminary relief. The Court accordingly will grant Petitioners’ Application in part and enjoin PSP from further noncompliance with section 6111.1 of the Firearms Act. The Court will defer awarding additional relief until after the final disposition of the preliminary objections set for expedited argument on September 12, 2022.

If your constitutional rights have been infringed upon by the Commonwealth or agency thereof, contact FICG today to discuss YOUR options!

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).

6 thoughts on “MONUMENTAL DECISION – Pennsylvania State Police ENJOINED In Relation to Substantial Delays In Firearm Background Checks”

  1. Pingback: Contact Your Senators and Governor Wolf To Support The Appointment Of Joshua Prince To The Commonwealth Court – Prince Law Offices Blog
  2. Pingback: Big win in Pennsylvania over permitting and background check delays – Bearing Arms
  3. Pingback: Big win in Pennsylvania over permitting and background check delays - Fierce Patriots

  4. This is a shallow victory it cost the state police nothing, but more proof that we should go with the National instant check system.

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  5. Pingback: Pennsylvania State Police Appeals Injunction Requiring It To Comply With State Law – Prince Law Offices Blog
  6. Pingback: PA Supreme Court to Hear Firearm Background Check (PICS) Delay Case – Prince Law Offices Blog

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