HARRISBURG- Sportsmen's groups and gun dealers may go to court for an injunction to block state police from taking a background investigation system for gun buyers out of action from Sept. 2 to 6.

The gun owners and dealers, along with some legislators from both parties, are upset that would-be gun buyers won't be able to buy handguns, shotguns or rifles during the five-day span when the computerized instant background check system is shut down for an upgrade. The instant background check ensures that guns aren't sold to convicted felons.

"We have retained legal counsel and are investigating the possibility of seeking an injunction to stop the state police'' from putting the instant background check system out of operation, said Kim Stolfer, an official of the Allegheny County Sportsmen's League and of the Firearms Owners Against Crime, a statewide group.

He and Harry Schneider of the Pennsylvania Sportmen's Association said state law allows the background check system to be out of operation for no more than 48 hours. They said state police should permit background checks to be done on would-be gun buyers by using a federal "instant check'' system during the time when the state computer system was being updated.

State police, who are part of the administration of Gov. Ed Rendell, were also taking flak today from legislators from both parties. Mr. Rendell is a Democrat and former mayor of Philadelphia.

"This is just another attempt by liberals from Philadelphia to limit the rights of gun owners and those who wish to become a gun owner,'' said Senate President Pro Tem Joe Scarnati, R-Jefferson County, who represents a rural area where many gun owners and hunters live. "Effort should be focused on ensuring the effectiveness of the (background check) system, not the concentration of shutting it down.''

Leaders of the Pennsylvania Legislative Sportsmen's Caucus, which includes 57 House and Senate members, said state police only notified gun dealers on Aug. 8 about the proposed shutdown. They said that's not enough notice. They said the period around Labor Day is when hunting season for Canada geese and doves is held and the inability to buy guns will make it impossible for some people to hunt.

"Implementing this (computer) shutdown at the beginning of hunting seems ill-advised and (shows) a lack of communication and consultation with sportsmen groups and businesses,'' said Reps. Marc Gergely, D-White Oak, and Keith Gillespie, R-York County.

Rendell spokesman Chuck Ardo said, "The simple truth is the computer system needs to be upgraded and there is no perfect time to do the job.''

State police spokeswoman Linette Quinn said the agency wasn't trying to inconvenience anyone and asked "people to hold tight until we get this done.''