PA Bill Number: HB2311
Title: Establishing the School Mental Health Screening Grant and Development Program.
Description: Establishing the School Mental Health Screening Grant and Development Program. ...
Last Action: Laid on the table
Last Action Date: Sep 23, 2024
More prospective gun buyers being prosecuted for providing false information :: 07/25/2016
With four businesses in South Strabane Township licensed to sell firearms, police Detective Ken Torboli knows all about the ramifications of providing false information on an application to buy a gun.
Chances are the applicant will be denied approval through the Pennsylvania Instant Check System and that name will be forwarded to South Strabane police for possible prosecution on charges of providing false information on a firearms application and unsworn falsification to authorities. PICS is used to determine a person’s legal ability to obtain a license to carry firearms or obtain a firearm through a purchase or transfer.
The background check involves the search of various databases, including criminal history and juvenile records, mental health records and federal records. Most applicants instantly clear the database search and receive approval within minutes, according to the state police 2015 annual firearms report. When a matching record is identified during the initial background check process, PICS has up to 15 days to conduct more research as needed to determine the applicant’s status.
Through the first six months of this year, 549,984 PICS checks were conducted by the state. Of those, 6,521 requests were denied with the names of 4,208 applicants sent to state or local police for additional investigation and possible prosecution. Two additional applicants had their names forwarded to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Applicants can challenge the denied approval.
Torboli said that passing the gun background check is tougher than other background checks.
“Don’t go into the process thinking that if you have passed a check in the past, you will pass this one,” Torboli said.
Over the past three years, state police have forwarded about 200 PICS denials to South Strabane for further investigation. Ace Sporting Goods, Walmart, Dick’s Sporting Goods and Field & Sream all operate in the township.
“The majority were charged,” Torboli said.
Several questions on the application pose most of the problems, he said. Torboli advises that a prospective buyer may want to read over the firearms transfer application before buying a gun.
Two of the questions concern whether applicants are under indictment or have been convicted in any court of a felony or any crime for which a judge could have imprisoned them for more than a year, even if they received a shorter sentence, including probation.
Other questions ask if applicants are addicted to marijuana or any depressants, stimulants, narcotics or controlled substances. Applicants are also asked whether they have been the subject of a restraining order or have been convicted in any court of a misdemeanor charge of domestic violence. They are also asked if they have ever been committed to a mental institution.
Township police Chief Don Zofchak said his detectives spend a lot of time investigating the denials.
North Franklin Township police Sgt. Dean Urbanic investigates and files charges when necessary against any violators.
“We do get a few denied for mental health reasons, but about 95 percent are for failing to correctly answer the question about the felonies,” Urbanic said. “Some don’t understand the questions or don’t realize they could have been sentenced for a certain crime instead of copping a plea since they had never been in jail. Others just lie.”
Gander Mountain and a private gun business operate within the township.
State police spokesman Cpl. Adam Reed said the number of denial investigations has definitely increased over the last few years.
“Lying on an application is a felony offense,” Reed said. “Jail time is certainly a possibility for anyone convicted.”
State police Cpl. Andrew Zimmer of the Waynesburg station handles investigations into denied applications forwarded from the state from attempted sales in Greene County.
“I look to see if someone blatantly tried to falsify information on the application,” Zimmer said. “A lot are confused with whether they could have been incarcerated.”
Charleroi Regional police Chief Eric Porter’s department is on the other end of the spectrum with only one dealership and very few prosecutions for providing false information on the applications.
“We only get a few a year,” Porter said. “I think the most we get a year is two or three.”
