PA Supreme Court to Hear Firearm Background Check (PICS) Delay Case

Posted on by Joshua Prince, Esq.

Yesterday, the PA Supreme Court issued an Order directing that oral argument be scheduled in Firearm Owners Against Crime – Institute for Legal, Legislative and Educational Action (FOAC-ILLEA), et al. v. PSP Commissioner Paris, which involves the substantial delays with the Pennsylvania Instant Check System (PICS) in performing background checks, which miraculously went away after Commonwealth Court Judge Patricia McCullough issued a preliminary injunction, and then re-occurred, when three other judges on the Commonwealth Court dissolved the injunction and dismissed the case.

As the PA Supreme Court directed, the issues to be addressed by the Parties:

  1. Whether the Commonwealth Court, in relation to its March 6, 2023 Opinion
    and Order, abused its discretion, committed [an] error of law, or violated the
    constitutional rights of Appellants, when in partially granting the
    Commissioner’s preliminary objections:
    • a. It held that injunctive relief is barred by sovereign immunity, which is
      directly contrary to this Court’s prior holding in [Allegheny County v.
      Commonwealth, 490 A.2d 402, 414 (Pa. 1985)] and which the court
      failed to address;
    • b. It held that the [Pennsylvania State Police’s] duty of timeliness under the
      Uniform Firearms Act is not sufficiently defined as to be eligible for
      mandamus relief, and is discretionary, not mandatory, even though the
      court declared that “[i]t is thus clear that the General Assembly intended that background checks and their results be communicated to requesters as efficiently and promptly as reasonably possible”; and,
    • c. It held that declaratory relief is unavailable in the absence of specific statutory staffing and funding mandates[?]
  2. Whether the Commonwealth Court, in relation to its April 4, 2023 Memorandum and Order, abused its discretion, committed [an] error of law or violated the constitutional rights of Appellants, when it granted the Commissioner’s request and vacated/dissolved the preliminary injunction[?]
  3. Whether the Commonwealth Court, in relation to its April 4, 2023 Memorandum and Order, abused its discretion, committed [an] error of law, or violated the constitutional rights of Appellants, when it denied Appellants the ability to file an Amended Petition for Review[?]

As of today, argument has not yet been scheduled; however, it is likely to be scheduled either during the Court’ May or November argument sessions in Harrisburg.

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.

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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).

One thought on “PA Supreme Court to Hear Firearm Background Check (PICS) Delay Case”

  1. This is wonderful news, who do we need to push to make sure they know which side the people of the PA firearms community are on?

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