July 24, 2001

 

 

Colonel Paul J. Evanko, Commissioner

Pennsylvania State Police

3rd Floor, Department Headquarters

1800 Elmerton Avenue

Harrisburg, PA  17110

 

Dear Colonel Evanko:

 

In the wake of my informal discussions with administrative staff, I am sending this letter regarding the recent results of a Federal Bureau of Investigation (FBI) audit that criticized several aspects of the Pennsylvania Instant Check System (PICS).  The FBI commentary was contained in a letter sent from the FBI to the PICS and dated June 15, 2001.

 

Over the course of the last year, I have brought to the attention of the Pennsylvania State Police (PSP) various portions of the Uniform Firearms Act that explicitly prohibit current PSP activities such as the “record of sale” database.  See 18 Pa.C.S.A. Sections 6111.4 and 6111(b).  It seems that this plain reading of state law is also apparent to the FBI, since their letter concurred “the existence of the Record of Sale Database is in violation of federal legislation and the Pennsylvania Crimes Code.  This practice must cease immediately.”  Once again, I call upon the PSP to comply with the law and put an end to this registry of firearms ownership.  If adherence to the rule of law does not provide sufficient motive to eradicate the “record of sale” database, then maybe the loss of point of contact status and other associated penalties will prove a force for change.

 

I would also agree with the FBI that the current PICS practice of holding “delayed” responses for up to 15 days and issuing automatic denials is problematic and serves to impermissibly infringe on constitutional rights (both state and federal).  While I have not addressed this issue before, I think the FBI has made a valid suggestion that this practice should also be halted.  I would be more than willing to help craft legislative language to provide PICS with a guide for this activity in the future.

 

Colonel Paul Evanko

July 24, 2001

Page 2

 

Once the PSP has prepared an official response to the FBI audit letter, I would request that a copy be sent to my Harrisburg office.  I look forward to working with the PSP to amend Commonwealth law as necessary to protect the cherished rights of its citizens to bear arms in defense of themselves and the state.

 

                                                                                    Serving the 12th District,

 

 

 

                                                                                    Daryl D. Metcalfe

                                                                                    State Representative

 

DDM/cae

 

cc:            Honorable Thomas J. Ridge, Governor