PRO GUN LEGISLATION  Summary Spring of 2009

 By enacting more anti-gun laws, violent crime in our state will be virtually eliminated!  Believe it?  Well don’t, because it’s wishful thinking. For example, there is one mandatory sentence law currently on the books (Title 42, Section 9712) that makes using firearms in the commission of a crime a 5-year mandatory jail sentence. This law is routinely plea-bargained away by the courts and the DA’s.  WHY??  Simple, a guilty plea gets recorded as a conviction and when the County District Attorney come up for re-election more convictions means more votes.  Firearm related charges are routinely plea bargained away so a politician can get re-elected. 

So, are we to believe that more gun control legislation will make a difference when current laws are being plea-bargained away in the name of career politics?  Currently the ‘Laws Relating to Firearms’ booklet published by the state contains approximately 126 pages. This is an increase of 76 pages of gun control laws that have been added since 1995. One has to ask how much is enough and, perhaps more importantly, where are we headed as a society IF we predicate freedoms based on the actions of criminals? As has been shown by the National Academy of Sciences and the Centers for Disease Control, this increase in Pennsylvania gun laws has shown no impact on crime.  Perhaps it is time to start considering a new direction in controlling crime?

On the positive side we have several PRO-gun bills pending in Harrisburg that will help protect the families and property of law-abiding citizens by acting as real deterrents to criminal actions. Police officers can’t be everywhere to protect your family’s safety and even if you could make a phone call, the response time for emergency help is, at best, several minutes away in cities, in the rural area it can take over 30 minutes or more.   If that’s not bad enough, the Supreme Court has consistently ruled each and every time that police are not responsible for protecting your family or property from criminal acts. Many PRO-gun legislators recognize these flaws in current existing laws and are working with us to introduce legislation to correct these real problems.

HOUSE BILLS 

HB 40  – Self-protection, general principals of justifications, definitions, protection of other persons, use of force, civil immunity for use of force, sentences for firearms offenses

INTRODUCED BY PERRY, METCALFE, BAKER, BARRAR, BELFANTI, BENNINGHOFF, BOBACK, CAUSER, CREIGHTON, CUTLER, DALLY, ELLIS, FAIRCHILD, FLECK, GEIST, GEORGE, GIBBONS, GODSHALL, GRELL, GROVE, HALUSKA, HARHAI, HARRIS, HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, KILLION, KORTZ, LONGIETTI, MARSHALL, MILLER, MOUL, PAYNE, PEIFER, PICKETT, PYLE, QUIGLEY, RAPP, READSHAW, REED, ROAE, ROCK, ROHRER, SAYLOR, SIPTROTH, S. H. SMITH, SOLOBAY, SONNEY, STABACK, STEVENSON, SWANGER, TRUE, TURZAI, VULAKOVICH, DENLINGER, HORNAMAN, GRUCELA, CLYMER, TALLMAN, GABLER, HARPER, MENSCH, WHITE, KOTIK, METZGAR, MAHONEY, KULA, PETRARCA, MUSTIO, BURNS, MUSTIO, GERGELY, DeLUCA, MAHER, PETRI, KESSLER, HARHART, FARRY, MILLARD, KRIEGER, BOYD, DeWEESE, BROOKS, BEAR, SAINATO, CHRISTIANA, PHILLIPS, BEYER, GINGRICH, COX, REICHLEY, HELM, CASORIO, OBERLANDER, BARBIN and GOODMAN

 

     This bill, commonly referred to as the “castle doctrine bill”, is very similar to ones enacted in other states. HB 40 has been rewritten by PA Pro-Gun activists to be the best one in the nation. These laws have proven to be a deterrent to violent criminal confrontations.

    PA law currently requires you to demonstrate that you retreated or attempted to retreat from any criminal confrontation outside your home. This presumes that you have the time and opportunity to call the police to intervene. If you do anything to protect yourself outside your home, even IF you are still on your own property/land, you can be held criminally and or civilly liable for your actions, justified or not, by an over zealous DA or criminals family.

   HB 40 will provide protections against punitive civil lawsuits (civil immunity) for anyone involved in a justifiable self-defense shooting. This bill will restore balance to a justice system that has for decades favored the criminal over the victim. Citizens will be ‘less’ likely to fall into harms way because of fear of losing everything if they protect themselves and criminals will be less likely to commit these acts IF they do not know if they are armed or not. It’s a really cost effective way to deter criminals, with average citizens providing added security when the police are not around.

    HB 40 would provide civil immunity for the use of force against criminals without having to surrender your personal safety or to needless retreat in the face

of intrusion or attack outside the person home or vehicle.

 

 

HB 66 –License to carry, revocation; sale or transfer; Attorney General duties

INTRODUCED BY STEVENSON, BEYER, BOYD, CUTLER, ELLIS, FAIRCHILD,

GABLER, GIBBONS, GROVE, HALUSKA, HUTCHINSON, KILLION, KORTZ,

KOTIK, LONGIETTI, MAJOR, METCALFE, MILLARD, MILLER, MOUL,

PEIFER, PICKETT, PYLE, RAPP, READSHAW, REICHLEY, ROHRER,

SCAVELLO, SIPTROTH, STERN, SWANGER, TURZAI AND WHITE

 

HB 66 spells out the procedures for revocation of a License To Carry Firearms. It also clearly defines the duties and responsibilities of the courts, PSP and sheriff.

Also corrects other inconsistencies with current LTCF statutory.

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HB 97–Offense, assaulting an officer; jurisdiction and penalties; definitions; license, revocation, suspension or denial revocation; determination of second or subsequent convictions; game or wildlife protection; endangered or threatened species; hunting and furtaking, licenses, unlawful acts; wildlife or game, killing by mistake, unlawful possession or taking; unlawful use of lights while hunting; buying and selling game; trespass on private property; big game, unlawful killing or taking; poaching penalty

 

INTRODUCED BY STABACK, STABACK, BAKER, BELFANTI, BEYER, CALTAGIRONE,CARROLL, CREIGHTON, FAIRCHILD, GILLESPIE, GOODMAN, HALUSKA,KAUFFMAN, KOTIK, LEVDANSKY, LONGIETTI, McCALL, PEIFER,SIPTROTH, SOLOBAY, SWANGER, VULAKOVICH, WANSACZ, KORTZ AND CASORIO,

 

HB 97 would make numerous changes to wildlife code and stiffen penalties for violators. It also clarifies duties and powers of Pa Game Commission officers.

 

 

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HB 121 –Sales and use tax, exclusions, "Right to Keep and Bear Arms Sales Tax Holiday Weekend"

INTRODUCED BY STEVENSON, BAKER, BARRAR, BEAR, BOYD, BROOKS,CAUSER, CREIGHTON, CUTLER, EVERETT, FAIRCHILD, FLECK, GABLER,GEIST, GEORGE, GIBBONS, GROVE, HARHAI, HARHART, HARRIS, HESS,HORNAMAN, HUTCHINSON, KAUFFMAN, KORTZ, KOTIK, LONGIETTI,MAJOR, MARSICO, METCALFE, MILLARD, MOUL, PAYNE, PHILLIPS,PICKETT, PYLE, RAPP, REICHLEY, ROAE, ROCK, SIPTROTH, TALLMAN,TRUE, TURZAI, VULAKOVICH, WHITE AND YUDICHAK

 

Creates a 48 hour state sales tax free period for purchase firearms starting at midnight on the following Friday after thanksgiving into the following Saturday.

 

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HB 145 –An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, further providing, in provisions relating to the Governor and disaster emergencies, for general authority of Governor.

 

INTRODUCED BY SOLOBAY, BAKER, BARRAR, BELFANTI, BEYER, BOYD,CALTAGIRONE, CAUSER, CLYMER, CREIGHTON, CUTLER, DENLINGER,EVERETT, GEIST, GIBBONS, GODSHALL, GOODMAN, GROVE, HARRIS,HESS, HUTCHINSON, KOTIK, KULA, LONGIETTI, MAHONEY, MARSHALL,METCALFE, MUSTIO, PAYNE, PYLE, READSHAW, ROAE, SAYLOR,SIPTROTH, SONNEY, TALLMAN, VULAKOVICH AND WHITE

 

This bill clarifies the prohibition on the governor of PA authorizing anyone to unlawfully take firearms or ammo away from its citizens in times of any disaster or emergency situation.

 

In the 07-08 session, a similar prohibition was enacted into law (ACT 131) this bill closes the loop hole in another section of law so there is no doubt the governor has no legal authority to seize firearms or ammunition during emergencies.

 

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HB 181 –Enforcement officers, powers and duties; resisting or interfering with an officer

 

INTRODUCED BYCUTLER, KORTZ, DALLY, BOYD, CAUSER, DENLINGER,GEIST, GOODMAN, HESS, HICKERNELL, KRIEGER, MENSCH, MOUL,PALLONE, PHILLIPS, PICKETT, PYLE, RAPP, READSHAW, SONNEY,STERN, SWANGER, TRUE AND VULAKOVICH,

 

This bill clarifies the statutory powers of the Pa Game Commission officers and balances the constitutional rights of the Citizen’s within the game code.

 

 

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HB 182 –An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for personal injuries sustained by perpetrators of criminal conduct

 

INTRODUCED BYGODSHALL, PRESTON, BAKER, BARRAR, BEYER, BOYD,CARROLL, CLYMER, CUTLER, DENLINGER, EVERETT, FABRIZIO,FAIRCHILD, FRANKEL, GEIST, GINGRICH, GROVE, GRUCELA, HESS,HICKERNELL, HORNAMAN, HUTCHINSON, KILLION, KORTZ, MELIO,MILLER, MOUL, MUNDY, MUSTIO, O'NEILL, PAYNE, PHILLIPS,PICKETT, PYLE, READSHAW, REED, REICHLEY, ROAE, SAYLOR,SIPTROTH, TRUE, TURZAI AND VULAKOVICH

 

This bill holds harmless the victim in any civil liability lawsuit arising from any personal injuries occurring to the perpetrators as a consequence of their criminal conduct.

 

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HB 264 –An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for expungement of criminal history records.

 

INTRODUCED BY SOLOBAY, BROWN, CALTAGIRONE, CARROLL, COHEN,CREIGHTON, DERMODY, GEORGE, GIBBONS, GOODMAN, HALUSKA,KILLION, KORTZ, KOTIK, KULA, MAHONEY, MELIO, MUNDY,M. O'BRIEN, SIPTROTH, THOMAS, WALKO, WANSACZ AND WHITE

 

This bill provides for restoration of rights and expungement of criminal history records for past minor offensives providing they exhibit good behavior and stay out if trouble for a specified amount of years after they paid their debt to society. This bill further encourages people to stay on the right side of the law with the hope of having a procedure to have their rights restored as full residents and citizens of PA.

 

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HB 332 –Taxation, sales and use, exclusions, gun safes

 

INTRODUCED BY READSHAW, BARRAR, BRENNAN, CRUZ, GEORGE, GROVE,HELM, KORTZ, KOTIK, LONGIETTI, M. O'BRIEN, PALLONE, PETRARCA,PHILLIPS, PYLE,ROAE,SIPTROTH, SWANGER, WALKO, WHEATLEY AND HORNAMAN

 

This would encourage people to buy safes by making them free of any PA sales taxes.

 

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HB 387 –Crimes and offenses, possession prohibited, notification, sell or transfer time period, Pennsylvania State Police, duties

 

INTRODUCED BY HARHART, STEVENSON, BRENNAN, PHILLIPS, BEYER,GINGRICH, GROVE, HENNESSEY, KORTZ, LONGIETTI, MANN, MILLER,PICKETT, SIPTROTH, STABACK, SWANGER AND VULAKOVICH

 

This bill provides a means to for the PSP to notify prohibited person that they can not posses firearms and a limited time period for them to transfer or sell them to a third party.

 

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HB 419 –A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for the right to hunt, fish and harvest game.

 

INTRODUCED BYBAKER, DALLY, STERN, ARGALL, BELFANTI,BENNINGHOFF, BEYER, BOYD, CALTAGIRONE, CAUSER, DENLINGER, EVERETT, FAIRCHILD, FLECK, GEIST, GEORGE, GIBBONS, GINGRICH, GODSHALL, GOODMAN, GROVE, HARHAI, HESS, HICKERNELL, KAUFFMAN, M. KELLER, KIRKLAND, KOTIK, MAJOR, MARKOSEK, METCALFE, MOUL,MURT, PEIFER, PETRARCA, PHILLIPS, PICKETT, PYLE, QUIGLEY,RAPP, READSHAW, ROAE, ROCK, ROHRER, SCAVELLO, STABACK, STEVENSON, TALLMAN, VULAKOVICH AND WHITE

 

This proposed bill would amend the PA constitution after a general election referendum vote.  It aims to make hunting and fishing a right with proper state issued licenses according to restrictions provided by laws of the commonwealth.

 

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HB 482 – An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing for home invasion.

 

INTRODUCED BY FRANKEL, BEAR, BELFANTI, BOYD, BRENNAN, BUXTON,CALTAGIRONE, CASORIO, CONKLIN, D. COSTA, DALEY, DeLUCA, FABRIZIO, FREEMAN, GEIST, GIBBONS, GROVE, HORNAMAN, JOSEPHS, KORTZ, KULA, LONGIETTI, MAHONEY, MANN, MARSHALL, McILVAINE SMITH, MELIO, MILNE, MOUL, MURT, O'NEILL, PALLONE, PASHINSKI, PAYNE, READSHAW, ROCK, SCAVELLO, SIPTROTH, K. SMITH, SWANGER, VULAKOVICH, WALKO, YOUNGBLOOD AND BROWN

 

This bill creates a new section of law and a definition of what a home invasion is.

 

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HB 655 – An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for sentences for offenses committed with firearms

 

INTRODUCED BY DeLUCA, BOYD, FRANKEL, KORTZ, KOTIK, MELIO,MICOZZIE, MURT, PERZEL, SIPTROTH, VULAKOVICH AND WALKO

 

This bill clarifies the 5 year mandatory sentencing guidelines for use of firearms in commission of a crime and corrects the existing problem by not allowing for concurrent sentencing.

 

Concurrent sentencing is when a criminal is convicted of violating several different sections of law and serves the sentence for each conviction at the same time.

 

Under concurrent sentencing guidelines lets assume an offender has three different convictions being 5, 7 & 10 years in total. Some would assume that the offender would serve up to a total 22 years. INCORRECT!  The most they would serve is 10 years maximum sentence or considerably less with the eligibility for early parole.  (Often times the 5 Year Mandatory for the use of a gun in a crime will be added, when it IS used, onto a sentence in this way so the record shows usage of this section of law but the intended impact on the criminal is worthless as a public safety measure)

 

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HB 659 – An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, further providing for unlawful devices and methods.

 

INTRODUCED BY SONNEY, BEYER, CAUSER, CUTLER, DENLINGER, FLECK,GEIST, GIBBONS, GROVE, HARRIS, HESS, HORNAMAN, KORTZ, METCALFE, MILNE, MURT, RAPP, ROHRER AND STEVENSON

 

This bill allows the use of semi-automatic 22 caliber rimfire rifles or smaller for the taking of coyotes, foxes or woodchucks.

 

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HB 761 –An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for sentences for offenses committed with firearms.

 

INTRODUCED BY PETRI, CALTAGIRONE, CIVERA, CUTLER, EVERETT, FAIRCHILD, GROVE, HESS, HICKERNELL, HORNAMAN, KILLION, MELIO, PICKETT, READSHAW, SCAVELLO, SIPTROTH, VULAKOVICH AND WATSON

 

This bill increase the mandatory sentence of using a firearm in a commission of a crime from 5 to 7 years if the firearm is discharged in the commission of a crime or if the firearm is stolen property or illegally transferred.

 

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HB 762 – An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for the offense of sale or transfer of firearms and for loans on or lending or giving firearms prohibited.

 

INTRODUCED BY PETRI, BOYD, BROWN, CIVERA, CUTLER, EVERETT,FAIRCHILD, FRANKEL, FREEMAN, GEIST, GOODMAN, HICKERNELL, KILLION, MELIO, O'NEILL, SIPTROTH, VULAKOVICH AND YOUNGBLOOD

 

This bill increases the penalty on persons who illegally transfer firearms to anyone they know is a prohibited individual.  This bill would provide mandatory sentences to illegal straw purchasers and also illegal firearm transfers by rogue dealers.  

 

Also provides guide lines for lending or borrowing firearms as part of a training exercise or safety instruction course provided the barrowed firearm does not leave with the student.   

 

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HB 778 – An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in sales and use tax, further providing for exclusions from tax.

 

INTRODUCED BY CREIGHTON, BAKER, BRENNAN, D. COSTA, CUTLER, J. EVANS, GEORGE, GIBBONS, GINGRICH, GROVE, HESS, JOHNSON, KOTIK, KULA, LONGIETTI, METZGAR, MILLARD, PETRARCA, PICKETT, READSHAW, REICHLEY, SIPTROTH AND WHITE

 

This would encourage people to buy safes, locking firearm cases, or other firearm locking devices by making them less expense to purchase because not having any PA sales taxes.

 

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YOU, by your active involvement, working with elected officials can help these become law.