Anti Gun Rights Bills Summary as of March 25, 2008
Urban politicians scapegoat guns and gunowners instead of addressing the real causes of crime. This is as scientific as the doctors of old who were convinced that they could cure all disease by bleeding their patients. If the patient died, they didn’t bleed him enough. This failure to face reality does nothing to ensure the security or safety of the law-abiding citizens of the commonwealth of Pennsylvania. Sponsors of these bills claim they will fight crime or prevent criminal behavior; however they don’t focus on criminal behavior. Instead, they focus only on the guns as the reason for crime in their neighborhoods. As an analogy, this line of thought would effectively ignore the fault of motor vehicle operators in any motor vehicle accident, and just blame the car or the auto dealers.
Like doctors of old who turned their back on bleeding, lawmakers who study the issue with scientific objectivity will acknowledge that the problem is not the availability of guns on the street; it’s the failure to remove criminals FROM the street. Noticeably absent in any of these proposed bills is an initiative to build more prisons for repeat criminals and to prohibit early releases of violent criminals due to prison overcrowding. Also, these bills fail miserably to address the ongoing problem of prosecutor’s plea bargaining away OR failing to apply already existing state law gun violations. District attorneys, prosecutors and judges willingly allow and condone this. It makes their jobs easier. Yet they scream the mantra: “We need more gun laws”. Currently, there are enough existing gun laws to resolve the so-called “gun crime” issue. Yet many present laws are not enforced.
As a whole, this barrage of legislation would accomplish only one thing: the elimination, for ALL intents and purposes, of Pennsylvania citizens’ constitutionally protected rights to legally bear arms. Certain lawmakers wish to ban our right to keep & bear arms, and in doing so, set a landmark precedent for other states to follow. Passing more useless laws against law abiding citizens, as a politically correct solution, does nothing to address the real problem of criminals on our streets: criminals preying on law-abiding citizens and putting police officers’ lives at risk.
FYI 1st degree felony: up to 20 years in jail & maximum $25,000 fine.
2nd degree felony: up to 10 years in jail & maximum $25,000 fine.
3rd degree felony: up to 7 years in jail & maximum $15,000 fine.
1st degree misdemeanor: up to 5 years in jail & maximum $10,000 fine.
2nd degree misdemeanor: up to 2 years in jail & maximum $5,000 fine.
3rd degree misdemeanor: up to 1 year in jail & maximum $2,500 fine.
Under current PA law, anyone using a firearm in the commission of a crime can have an additional 5-year mandatory sentence that can be imposed on them if the courts do their job.
Any ungraded offense in the Uniform Firearm Act is a first-degree misdemeanor, which means upon conviction you LOSE your constitutional right to firearm ownership for the REST of your life.
Pennsylvania pays for instant check – a job that most states let the feds do for free. Perhaps this is why PICS has never issued a cost-benefit analysis.
The Pennsylvania Instant Check System (PICS) from 1998 to 2008 has cost the tax payers in excess of 130,000,000.00 dollars to administer to date for background checks for all firearm purchases. The federal NICS would do the same job for no additional cost to taxpayers.
Here are the results of all that money spent, do the math, what is the cost to ONLY catch someone that was later successful prosecuted for more additional taxpayer money.
1998-2004 a total of 57,283 people denied.
1998-2004 a total arrests of 1,181 people
1998-2004 a total conviction of ONLY 637 people
1998-2004 a total referral to the ATF for concurrent jurisdiction of ONLY 59 people
The PA State Police wasted nearly $130 million operating the duplicative Pennsylvania Instant Check System (PICS) system between 1998 and 2007, which would have been done at ‘no’ cost to gun owners or Pennsylvania by the National Instant Check system, a part of which is the retention and maintenance of an illegal database of gun owners. How many crimes have the state police solved by the staggering amount of money spent?
HB 18 - Ammunition, limitations on regulation, municipal powers (Amend 18 and 53 Pa.C.S)
INTRODUCED BY D. EVANS, JAMES, MYERS, PARKER, BISHOP, COHEN, CRUZ, CURRY,FRANKEL, GALLOWAY, JOSEPHS, KIRKLAND, LEACH, M. O'BRIEN, PASHINSKI & ROEBUCK
This legislation will balkanize Pennsylvania with a patchwork quilt of inconsistent gun laws that will confuse and ensnare the citizens.
In short this legislation will open the door for every form of gun control that any anti-gunner could ever think of. Even worse, it could be enacted anywhere in the state. This would be a costly legal nightmare for gun owners in PA, to comply with the possibility of hundreds of local laws, not to mention that the laws can differ depending on which locale you reside in or travel through.
HB 20 – Mandatory Gun Storage within easy access to minors prohibited; penalties (Amend 18 Pa.C.S)
INTRODUCED BY D. EVANS, GERBER, CALTAGIRONE, JAMES, MYERS, WHEATLEY, WILLIAMS, BENNINGTON, BISHOP, COHEN,CRUZ, CURRY, FRANKEL, GALLOWAY, JOSEPHS, KIRKLAND, LEACH, M. O'BRIEN, PASHINSKI & ROEBUCK
18Pa 6110 already makes it unlawful to make a firearm available for a person under the age of 18 even if the person is well trained and responsible and the gun is in the home for purposes of self defense. This “feel good” legislation seeks to make a bad law even worse.
HB 21 – Display or use of firearm, further providing for bail, governed by general rules (Amend 42 Pa.C.S)
INTRODUCED BY JAMES, D. EVANS, GERBER, BUXTON, MYERS, PARKER, STURLA, WILLIAMS, BISHOP, COHEN, CRUZ, CURRY,FRANKEL, GALLOWAY, JOSEPHS, KIRKLAND, LEACH, M. O'BRIEN, PASHINSKI AND ROEBUCKThis legislation mandates significantly higher bail for “use or display of a firearm”. We oppose this legislation because the authors do not limit this to “use or display of a firearm” during the commission of a crime of violence, but just use or display.
This would, of course, apply to anyone merely showing a weapon to ward off a would-be mugger.
HB 22 – Handgun purchases and sales, limit; Violence Prevention Fund, establishing; municipal regulation of firearms and ammunition (Amend 18 Pa.C.S)
INTRODUCED BY MYERS, D. EVANS, GERBER, JAMES, WILLIAMS, BENNINGTON, BISHOP, COHEN, CRUZ, CURRY, FRANKEL,GALLOWAY, JOSEPHS, KIRKLAND, LEACH, M. O'BRIEN, PASHINSKI AND ROEBUCK
This will mandate that no one could buy more than one handgun per month. It will, of course, require a massive database of gun owners’ personal information to make it operational. This has been tried in other states with no reduction in crime. Maryland and Virginia have it and Baltimore and Richmond have higher homicide rates than Philadelphia. South Carolina was the first state to adopt gun a month and was the first state to abandon this failed idea. This bill would also affect municipal regulation of firearms and ammunition.
HB 23 – Handgun and ammunition, regulation; limitation on municipal powers (Amend 18 and 53 Pa.C.S)
INTRODUCED BY MYERS, D. EVANS, GERBER, JAMES, WILLIAMS, BISHOP, COHEN, CRUZ, CURRY, FRANKEL, GALLOWAY,JOSEPHS, KIRKLAND, LEACH, M. O'BRIEN, PASHINSKI AND ROEBUCK
This is a very bad idea. It will remove the uniformity of law throughout the state, letting a first class city limit firearm purchases to one hand gun a month. Despite the fact that other states have tried this concept and found no value as a crime fighting tool and in fact these states have a higher per capita rate of violent crime than Pennsylvania.
Again this will require an expensive database of all gun purchasers to make it viable system. An individual’s constitutional right would be taken away by one simple majority vote on a referendum question!
HB 24 - Tracing Guns, illegal possession by anyone under 21 years of age (Amend 18 Pa.C.S)
INTRODUCED BY MYERS, D. EVANS, GERBER, BENNINGTON, JAMES, STURLA, WHEATLEY, WILLIAMS, BISHOP, COHEN, CRUZ,CURRY, FRANKEL, GALLOWAY, JOSEPHS, KIRKLAND, LEACH, M. O'BRIEN, PASHINSKI AND ROEBUCK
This bill will require firearm tracing from anyone under 21 years of age who illegally possesses a firearm. It will require all local police to trace any firearm recovered using the existing Federal National Tracing Center maintained by the BATFE and report all information to the PA state police. Pennsylvania police already can do all of these things.
What the bill really does is allow the PA state police to “legally” create and maintain a registry of firearms – something that is expressly forbidden in law.
HB 25 – Firearms and ammunition, regulation; limitation on municipal powers (Amend 18 and 53 Pa.C.S)
INTRODUCED BY MYERS, D. EVANS, GERBER, JAMES, WILLIAMS, BISHOP, COHEN, CRUZ, CURRY, FRANKEL, GALLOWAY,JOSEPHS, KIRKLAND, LEACH, M. O'BRIEN, PASHINSKI & ROEBUCK
Another bad idea. Removing the uniformity of law throughout the state by letting a first class city make it unlawful to own, use, possess or transfer a so called assault weapon or any accessory or ammunition for an “assault weapon”. See HB 30 & SB 48 for definition of assault weapons (basically it would be a BAN ammunition also).
Again, an individual’s constitutional right could be taken away by one simple majority vote on a referendum question.
HB 28 - Persons prohibited from possessing, using, manufacturing, controlling, selling or transferring; carrying firearms on public streets or property in Philadelphia, prohibited (Amend 18 Pa.C.S.)
INTRODUCED BY WILLIAMS, D. EVANS, W. KELLER, MYERS, STURLA, BISHOP, COHEN, CRUZ, CURRY, FRANKEL, GALLOWAY,JOSEPHS, KIRKLAND, LEACH, M. O'BRIEN, PASHINSKI AND ROEBUCK,
Citizens traveling thru any part Philadelphia from anywhere in PA, while in possession of a firearm or rifle or shotgun, will become unintentional criminals. This would be a third degree felony, but if you were eligible possess a concealed carry permit it’s considered only a first degree misdemeanor although a prosecution for this section means you would lose your right to own a firearm and EVER possess a License to Carry a Firearm. This section would make it illegal to even transport a rifle or shotgun through Philadelphia.
HB 29 – Registry for lost or stolen, failure to report, State Police duties (Amend 18 Pa.C.S.)
INTRODUCED BY WILLIAMS, D. EVANS, GERBER, CALTAGIRONE, JAMES, W. KELLER, MYERS, WHEATLEY, BISHOP, COHEN,CRUZ, CURRY, FRANKEL, GALLOWAY, JOSEPHS, KIRKLAND, LEACH, M. O'BRIEN, PASHINSKI AND ROEBUCKFailure to report lost or stolen firearms to the appropriate local law enforcement official within 24 hours is a summary offense punishable by a fine up to $500. A person intentionally failing to report a loss or theft of a firearm commits a misdemeanor of the third degree. A court, in addition to any penalty prescribed by law, may prohibit you from acquiring a firearm for a period of six months.
Allows PA state police to” legally” create and maintain a database of stolen firearms. It prohibits any law enforcement agency to create, operate or maintain any registry of firearm ownership.
This legislation was resoundingly defeated in ‘Committee of the Whole” and defeated again as an amendment to HB 1845.
HB 30 - Assault Weapon Ban, prohibition, registration, penalties (Amend 18 Pa.C.S.)
INTRODUCED BY FRANKEL, D. EVANS, BISHOP, WHEATLEY, YOUNGBLOOD, COHEN, BENNINGTON, GERBER, JAMES, MYERS,STURLA, WILLIAMS, CRUZ, CURRY, GALLOWAY, JOSEPHS, KIRKLAND, LEACH, M. O'BRIEN, PASHINSKI AND ROEBUCK
This is an extremely bad bill. It will make it illegal to possess a huge number of common firearms now owned and used by NRA competitive shooters and many other law abiding gun owners in PA. This bill makes the following unlawful:
1) To own, use, possess or sell an unregistered “assault weapon”.
2) Any accessory such as any detachable magazine over 10 rounds, barrel shroud, folding stock, thumbhole stock, telescoping stock, muzzle break or muzzle compensator. These parts described above are defined as “conversion kits”. Possession of conversion kits or components carries the penalty of first degree felony.
3) To keep your “assault weapon” you MUST register it with the state police every year, pay a registration fee every year and undergo a complete background check every year. You will be required to safely and securely store “assault weapons” pursuant to regulations. You will be legally permitted to use the “assault weapon” only on your property or duly licensed firing range.
When transporting an “assault weapon,” you will only be allowed to travel directly to and from certain locations (without intermittent stops) and with special storage requirements.
Your registered “assault weapon” will have zero resale value, as you will be banned from selling, trading or transferring it. Someone will be allowed to inherit it provided they comply with all the above requirements within 30 days. The only way to dispose of your “assault weapon” will be to turn it over to the state police for destruction or permanent disabling so that it is incapable of discharging a projectile. Note: the state police will be allowed to perform a compliance inspection at your home once a year to ensure that you are not violating any provision of this law. If you are found in violation, the penalty is a third degree felony.
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HR 35 – Study new technologies to identify firearms used in crime.
INTRODUCED BY JOSEPHS, D. EVANS, COHEN, BISHOP, BLACKWELL, CALTAGIRONE, CURRY, FRANKEL, JAMES, KULA, MANDERINO, MELIO, M. O'BRIEN, PARKER, SONNEY, J. TAYLOR, WILLIAMS, YOUNGBLOOD AND DONATUCCI
This will require investigating new technologies that are designed to equip firearms with a microscopic array of characters that identify the make, model and serial number of the firearm on the empty cartridge when fired.
A huge expensive database will have to be created to pay for this experiment – siilar schemes in other states have proven to be ineffective at reducing crime.
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HB 73 – Cruelty to animals, live pigeon shoots prohibited (Amend 18 Pa.C.S)
INTRODUCED BY SHIMKUS, CARROLL, BUXTON, CURRY, JOSEPHS, LEACH, ROEBUCK, SIPTROTH, BENNINGTON, BISHOP,CASORIO, DePASQUALE, FRANKEL, WALKO, MANDERINO, MELIO, MYERS, M. O'BRIEN, TANGRETTI, CRUZ, COSTA, VITALI,FREEMAN, CIVERA, COHEN, STURLA, CALTAGIRONE, MAHER, PRESTON, KULA, YOUNGBLOOD, W. KELLER, PAYNE, ROSS,SAMUELSON, RUBLEY, SWANGER AND MUNDYThe groups that are supporting banning live pigeon shoots have publicly stated that this legislation is the beginning of the animal rights move to eliminate private shooting preserves and paint ALL hunting and fishing pursuits as cruelty to animals.
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HB 277 - Ballistics ID of Bullets & Mandatory Use of Trigger Locks.
INTRODUCED BY BISHOP, BLACKWELL, CURRY, DONATUCCI, FRANKEL, JAMES, JOSEPHS, MELIO, PARKER, SOLOBAY, WILLIAMS, YOUNGBLOOD AND MYERS, FEBRUARY 6, 2007
Again, another terrible bill. Every handgun except antique models shall be equipped with a trigger lock. No handgun may be sold or transferred unless a digitized or electronic image of its fired bullet and shell casing is placed in a qualified database along with make, model, caliber, serial number and ballistics identifier.
Other states have implemented similar programs with no reduction in crime and no appreciable increase in crimes being solved with this added information. A huge waste of our taxpayer money! Anyone who sells or has the intent to sell or transfer a handgun without a ballistics identifier will be subjected to a civil penalty of $7,500 to $15,000 and a fine from $500 to $1,000 for each handgun. Since criminals typically don’t buy handguns from dealers, this merely creates another burden for the law-abiding citizen attempting to purchase or sell a firearm. Note: These identifiers are easily rendered useless through the intentional alteration of parts or over time, with use and wear of the firearm yet still it is sold to the public as a crime fighting bill.
Once again, this is another intrusive law that imposes a greater burden and increase in the prices of firearms for the honest citizen and violates his constitutionally protected rights. And it is yet another proposed law that does nothing to prevent a criminal from illegally using a firearm.
HB 291 – Handgun Safety, Testing & Certification; providing for implementation of personalized handgun requirements and forfeiture of certain handguns.
INTRODUCED BY YOUNGBLOOD, CRUZ, THOMAS, CURRY, WATERS, BISHOP, PARKER & JOSEPHS
This bill creates a new “safety standard” of “smart guns” (guns personalized to a specific user) that can be fired only by the authorized user or users. Four years after the adoption of this safety standard bill, all non-compliant handguns become contraband and may not be sold, offered for sale, traded, or transferred, or possessed by you, under the penalty of a felony of the third degree. Additionally, such handguns may not be sold, offered for sale, traded, transferred, shipped or leased or distributed by dealers after four years from the adoption of this bill.
In the simplest of terms, if the bill becomes law, whether the practical technology to manufacture a “smart gun” exists or not, all other handguns will be illegal to possess, own, sell or transfer. There will be no compensation for the taking of your private property. However, as it will be a crime to own a “dumb” handgun, your property will be worthless. This is another bill that makes criminals out of law abiding gun owners with no focus on criminals that happen to use a firearm to commit crime.
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HB 452 - Amends Title 18 (Crimes and Offenses) further providing for persons prohibited from possessing, using, manufacturing, controlling, selling or transferring firearms and for the PA State Police.
INTRODUCED BY FRANKEL, CALTAGIRONE, COHEN, CURRY, JAMES, KULA, MELIO, SWANGER AND YOUNGBLOOD,
This legislation requires that mental health providers notify the State Police of voluntary commitments.
This violates privacy and doctor - patient confidentiality and works against the public interest by discouraging people from seeking mental health treatment.
HB 485 –Firearms and ammunition, limitation on regulation (Amend 18 Pa.C.S.)
INTRODUCED BY WILLIAMS, BISHOP, CALTAGIRONE, DONATUCCI, JAMES, JOSEPHS, MYERS, M. O'BRIEN, PARKER, THOMAS,W. KELLER AND HENNESSEY,This is a very bad idea. It would allow a first class city, to have a firearms enforcement commission with the Authority to establish their own firearm laws without the requirement of being uniform throughout the state!
In effect any first class city can regulate the following and more:
1) Sales of firearms, and additional waiting periods & background checks
2) Possession of firearms or ammunition
3) Gun club firing ranges and the discharging of firearms
4) Sales and transfers of firearms and ammunition or components
5) Storage of firearms and ammunition
6) Possession, carrying, or “manner of carrying” of firearms reasonably in
zones surrounding schools, playgrounds, universities, colleges, bars or other places of
general public accommodations.
7) Ownership, possession, transfer, and transportation of so called assault weapons.
(See HB 30 for assault gun definition)
An individual’s constitutional right can be taken away by one simple majority vote on a referendum question! In short this would open the door for every form of gun control that any anti-gunner could ever think of. Even worse, it can be enacted anywhere in the state. This would be a costly legal nightmare for gun owners in PA, to comply with the possibility of hundreds of local laws, not to mention that the laws can differ depending on which locale you reside in or travel through.
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HB 608– Child Firearm Safety Lock
INTRODUCED BY WATERS, BISHOP, BLACKWELL, DALEY, JAMES, W. KELLER, KIRKLAND, MELIO, MICOZZIE, MYERS,PARKER, PERRY AND YOUNGBLOOD
This legislation will make it illegal to maintain firearms in a condition where they may be used for self defense.____________________________________________________________________________
HB 760 – ALL Firearms Registration Act.
INTRODUCED BY CRUZ, YOUNGBLOOD, PARKER, WHEATLEY, BENNINGTON AND CURRY
1) You are required to register all of your firearms with the PA state police, other than machine guns or “antique firearms”.
DEFEATED BY GUN OWNERS -- 2007
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HB-957 - Possession or use of certain firearms prohibited in this Commonwealth, offense defined, grading, "five-seven pistol" defined (Amend 18 Pa.C.S.)
INTRODUCED BY CRUZ, YOUNGBLOOD, KING AND JOSEPHS,
This will ban the possession or use of a” five-seven pistol" or any pistol that fires the ammunition in the caliber of 5.7mm. Possession is a third degree felony.
This cartridge is used in rifles and pistols and has ballistics similar to the ancient .22 Hornet.
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HB-1198 - Illegal Firearm Task Force Program
INTRODUCED BY J. TAYLOR, KENNEY, BARRAR, BLACKWELL,CAPPELLI, FRANKEL, GOODMAN, HARPER, HENNESSEY,JAMES, W. KELLER, KILLION, KIRKLAND, LEACH, LENTZ, McGEEHAN, MICOZZIE, MURT, MYERS, D. O'BRIEN, O'NEILL,RAYMOND, ROSS, STABACK, STURLA, VEREB, WATSON AND YOUNGBLOOD
This chapter provides for the creation of the Illegal Firearm Task Force Program. The Office of Attorney General would provide resources (5 million in fiscal year) and direct grant money prioritized to cities with the greatest number of firearm homicides. In other words the big cities like Philly and Pittsburgh would get almost all of the resources.
The purpose is to establish illegal firearm task forces to investigate firearm theft, illegal firearm sales, transfers and possession. All of these activities are illegal already, so what is the purpose to investigate them?
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HB-1478 - ($10 Instant Check FEE Increase) Firearm Sale Surcharge
INTRODUCED BY D. EVANS, BLACKWELL AND PRESTONAn additional $10 sales tax is charged for the transfer of firearms to be deposited into the Pennsylvania Instant Check System records funds. The sponsor and co-sponsors of this legislation are ALL TOO EAGER to raise the cost of gun ownership to law abiding citizens but cannot be found when it comes time to raise the cost of committing crime for criminals. Note: the federal instant check system will do the same background check at no cost! The PICS system from 1998 to 2008 has already cost taxpayers in the last 10 years over 130 million dollars. From the PICS records 1998-2004 a total of 57,283 people that were prevented from the transfer of firearms for a variety of reasons. Strangely during the same time period only 1,181 people were arrested, and out of that, ONLY 637 were successfully prosecuted. So much for the “being tough on crime” rhetoric.
HB-1536 – Further prohibitions on the sale or transfer of firearms
INTRODUCED BY McGEEHAN, BLACKWELL, BRENNAN, CRUZ, JAMES AND LEVDANSKY
All firearm sales will be delayed for an additional 48 hours unless the purchaser or transferee has completed a firearm safety education program approved by the PSP commissioner.
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HB-1633 - First Class City Firearms Registration Act
INTRODUCED BY CRUZ, YOUNGBLOOD, BLACKWELL, JAMES AND THOMAS
This bill is very similar to HB 760 except no $10 tax is charged per firearm and, it only applies to residents of first class cities. Any non-resident owning “unregistered” firearms being transported through their jurisdiction must have these firearms broken down into a “non-functioning state”, or unloaded & enclosed in a case during transportation. Any registered firearm unless in a person’s immediate possession and control must be unloaded, disassembled or bound by a trigger lock or similar device.
Note there is no provision for LTCF permit holders (unless defending your life) that could be classified as a lawful recreation purpose within the city limits.
See HB 760 for reasons why this bill is a just on more from a long line of bad ideas, all of which do nothing at all to address the crime control problem.
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HB-1745 – Extra 2% tax on Firearms and Ammunition sold in PA
INTRODUCED BY JAMES, YOUNGBLOOD, JOSEPHS, CURRY, KIRKLAND, MYERS, THOMAS AND WILLIAMS
Extra 2% tax on firearms and ammunition sold in PA. How does this stop crime?
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HB-1746 - First Class City Firearms Restriction Act
INTRODUCED BY THOMAS
Authorizes first class cities (Philadelphia) to impose extra restrictions on purchase, sale and possession of firearms. With this law in place they could outlaw the possession of any firearm, or impose any other restriction that could be dreamed up, with a stroke of a pen.
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HB-1758 - The illegal Firearm Local Control Act
INTRODUCED BY THOMAS
Allows municipalities to enact their own firearm laws with restrictions on purchase, sale and possession without any regard to state law. See HB 485 for reason why this is another really bad idea
HB-1927 – Sale or Transfer of Firearms - Amends title 18 section 6111
INTRODUCED BY O'NEILL, BARRAR, BRENNAN, CALTAGIRONE, CARROLL,CRUZ, CURRY, CUTLER, GEIST, GINGRICH,GODSHALL, HERSHEY, KENNEY, KILLION, MANN, McILHATTAN, MICOZZIE, R. MILLER, MILNE, MURT, NAILOR, PICKETT,QUINN, REICHLEY, ROSS, RUBLEY, SABATINA, SANTONI, SCHRODER, SIPTROTH, SONNEY, STURLA, SWANGER,THOMAS AND YOUNGBLOOD
This is already illegal under federal and state law. This bill amends (title 18 section 6116) relating to unsworn falsification to authorities. Anyone convicted for violating this section commits a third degree felony.
As a side note; Supreme Court has ruled that previously convicted criminals cannot be prosecuted for violating this section, because it’s a violation of their constitutional rights under the Fifth Amendment (self incrimination). See Haynes vs. US 1968
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HB-1966 - Extra 1% tax on Firearms and establishing Violence Reduction Fund
INTRODUCED BY PAYTON, COHEN, JAMES, JOSEPHS, LENTZ, McGEEHAN, M. O'BRIEN, PARKER, SIPTROTH, STURLA,THOMAS, WHEATLEY AND YOUNGBLOOD
An extra 1% tax on the purchase price of firearms, and all tax monies collected will go to the PSP to assist local police forces with programs to reduce violence. It could be used to fund local anti-gun programs, or highly popular and illegal “gun buy back” programs, or for any type of “reduce violence” scheme that local police deem fit-use for the money.
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HB-2168 – False reports to Law Enforcements Authorities
INTRODUCED BY WILLIAMS, BLACKWELL, CIVERA, CREIGHTON, DePASQUALE, JAMES, JOSEPHS, KENNEY, McGEEHAN,MELIO, MURT, D. O'BRIEN, PRESTON, SABATINA AND FRANKEL
Making a false report regarding lost or stolen firearms to law enforcement authorities is considered a misdemeanor of the first degree. If the report is made during a declared state of emergency it will be up graded to a third degree felony.
For example, IF you were one of the victims of hurricane Katrina and police came to illegally confiscate your firearms, you are posed with a moral dilemma; do you just roll over and give them up or do you lie?
What we need passed is HB 1145. This would prohibit the Governor in time of disaster or emergency from the seizure, taking or confiscation of lawfully possessed firearms or ammunition.
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HB-2224 - illegal Transfer of Firearms - Amends title 18 section 6111.1 (k)
INTRODUCED BY D. O'BRIEN, PRESTON, SABATINA AND FRANKEL, GINGRICH, HELM, JOSEPHS, W. KELLER, KILLION,McGEEHAN, MELIO, MICOZZIE, R. MILLER, MURT, MYERS, M. O'BRIEN, REICHLEY, MICOZZIE, R. MILLER, MURT, MYERS,M. O'BRIEN, REICHLEY
Authorizes PA State Police to compile, analyze, and use the information sent to PSP as part of the Pa Instant Check System for the application of transfer or sale of firearms. This would legalize the illegitimate firearms ‘record of sale’ database that the PSP currently retains on Pennsylvania gun owners.
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HB-2228 – Encoded Ammunition Act
INTRODUCED BY MYERS, M. O'BRIEN, McGEEHAN, THOMAS, PARKER, JOSEPHS, FRANKEL, KENNEY, YOUNGBLOOD,W. KELLER, MELIO, WATERS, WILLIAMS, WHEATLEY, KIRKLAND, JAMES, BLACKWELL, ROEBUCK AND OLIVER
1) All ammunition sold or possessed must have a unique serial number on the base of the bullet, a matching number on the cartridge casing, and your ammunition purchase will be registered with the PA state police.
2) The seller of ammunition must collect and submit all of the following information to the PSP for use in their database::
- date of each ammunition purchased
- serial numbers of all ammunition purchased by you
- your driver license number
- Your name
- Your birth date
- any other additional information the PSP deemed as necessary.
3) You will fund this ammunition database, containing your personal information, with an extra .05 cents tax for each round of encoded ammunition purchased. The outside each box of is labeled with the name of manufacturer and a list of all serial numbers of ammunition contained within the box.
4) Everyone is required to dispose of all ammunition that is not encoded, by Jan 1, 2010. The penalty is not spelled out for possession of un-coded ammo; however the default on any un-graded offense in the Uniform Firearm Act is a first-degree misdemeanor. Therefore, firearm ownership would be prohibited upon the conviction of possessing a single round of un-coded ammo. Are we to think that won’t ever happen in PA? Currently there are people in New Jersey serving one year of jail time for each hollow point in their possession!
5) Anyone that willfully destroys or renders the encoded information unreadable commits a misdemeanor of the third degree. If you get sentenced to one year in jail, you loose your right to own firearms.
6) There is nothing in this act that lets you hand load or reload your own ammunition. If you want to load your own ammunition you must obtain a federal license to engage in the business of manufacturing ammo, therefore requiring you to comply with all the numerous federal laws and regulations. This includes paying your yearly Special Occupation Tax along with all provisions required of this act just to reload ammo. Are you ready to be made into a criminal? All of this, to allegedly solve a crime, which career criminals routinely, gets plea-bargained down.
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SB 48 - Assault Weapon Ban, prohibition, registration, penalties (Amend 18 Pa.C.S.)
INTRODUCED BY WILLIAMS, AND KITCHEN
See HB 30 FOR REVIEW, it’s very similarly worded. This is another extremely bad piece of proposed legislation that does nothing to focus on existing criminal behavior.
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SB-49 – Firearm tracing title 18 section 6127
INTRODUCED BY C. WILLIAMS
Any firearm recovered from a person under 21 years of age, for illegally possession of firearm, shall be traced to attempt to find out how they gained possession. This law puts the burden on local law enforcement to trace the information and report to PSP for their registry of these firearms.
There is no provision in this legislation to return stolen firearms to rightful owners.
Yes you read that last sentence correctly. Right now stolen firearms confiscated by police spend more time locked up than the thieves that stole them do, especially if they are under 18.
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SB-291 – Constitutional Convention
INTRODUCED BY FERLO, FONTANA, RAFFERTY, GREENLEAF, O'PAKE, PIPPY, EARLL, BROWNE, BOSCOLA AND BRUBAKER
A Constitutional Convention is intended to address certain defects in governmental operations OR to rewrite the entire form of government in accordance with the delegates selected by the political powers that be extant at the time of the call for the convention. Proponents of this concept see this as the best way to reform government without fully investigating what is at fault now. Reducing the size of government is more about shrinking the bureaucracy and NOT in shrinking representation, which is the eventual goal of proponents in PA. The TRUE problem with PA government is a lack of accountability and responsibility for ones’ actions.
Some proponents state that a constitutional convention can be controlled and yet every constitutional scholar flatly states that no controls can be effective over delegates to this process as it is out of the hands of legislators at that point.
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SB-701 - Sale or Transfer of Firearms - Amends title 18 section 6111 (g) (2)
INTRODUCED BY GREENLEAF, WASHINGTON, RAFFERTY, COSTA, BOSCOL, O'PAKE, TARTAGLIONE AND C. WILLIAMS
This amends title 18 section 6111(g)(2)by raising the penalty in existing law for licensed firearm dealers who illegally transfer firearms from a third degree to a second degree felony.
It also adds a new section of law (6111.6 Straw Purchases). With the presumption of you being guilty unless you can prove you are innocent. Any firearm, absent a stolen police report filed by the original purchaser or a record of lawful transfer after the date of purchase, found in possession of anyone other than the original purchaser is under the presumption that the original purchaser made a straw purchase then illegally transferred the firearm. Violation of this section is a second degree felony to be imposed on the original purchaser. The only other exemption is for firearms purchased with the intent they are going to be given as bona fide gifts to another individual. (Such as transfer of firearms from parent to child or grand parent to grand children)
This new section of law also legalizes the Pennsylvania State Police desire to create, retain and maintain a database related to all handgun information, transferred, sold or amount purchased by a person or licensed dealer / manufacturer in PA – existing statute to the contrary.
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SB-1038 - Persons not to possess, use, manufacture, control, sell or transfer firearms (Amend 18 Pa.C.S.) 6105 (c), (f), 6105.1 (a), 6109 LTCF permits (c), (e), (i.1), 6111.1(f), (g)
INTRODUCED BY WASHINGTON, FONTANA, KITCHEN, TARTAGLIONE, C. WILLIAMS AND HUGHES,This bill makes numerous changes in the existing laws dealing specifically with prohibiting firearm ownership to anyone ordered to undergo involuntary mental health treatment on a “out patient” basis.
Involuntary mental health commitment has been abused in the past by Pennsylvania law enforcement in an attempt to cover up their mistakes.
This bill possibly could make a whole new class of prohibited persons in PA with no real proof of any problems that now exist in current law, without addressing real abuses to the misapplication of mental health laws now on the books.
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SB-1042 – Limit on handgun purchases and sales in Cities of First Class - Amends title 18 section 6111.6
INTRODUCED BY WASHINGTON, KITCHEN, TARTAGLIONE, STACK AND C. WILLIAMS,
Creates a new section of law 6111.6 in title 18 and is very similar language to HB 22 or SB 1043.
This will mandate that no one can purchase more than one handgun per 30 day period in cities of the first class (Philadelphia). See SB 1043 for the right questions to be asked before enactment of this ill conceived proposed bill should be brought up for a vote.
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SB-1043 - Limit on handgun purchases
INTRODUCED BY WASHINGTON, FONTANA, STACK, TARTAGLIONE AND C. WILLIAMS
Creates a new section of law 6111.6 in title 18 and is very similar language to HB 22 or SB 1042.
This will mandate that no one can purchase more than one handgun in any 30 day period.
This legislation will mandate that no one could buy more than one handgun per month. It will, of course, require a massive database of gun owners’ personal information to make it operational. This has been tried in other states with no reduction in crime. Maryland and Virginia have it and Baltimore and Richmond have higher homicide rates than Philadelphia. South Carolina was the first state to adopt gun a month and was the first state to abandon this failed idea. This bill would also affect municipal regulation of firearms and ammunition.
Right now straw purchasers break the existing laws with impunity, and only get caught because they do so many the sheer number of them they leave an easy to follow paper trail right back to them, sad fact is when finally caught they are not aggressively prosecuted provided by law. People who sell firearms unlawfully can be charged with the same crime that the buyer used the gun for and face similar civil liability.
What this bill will most certainly create is a new expensive administrational bureaucracy to oversee this program. It will, of course, require a massive database of all gun owners’ personal information to make it operational. This has been tried in other states with no reduction in crime. Again, the taxpayers and gun owners would be burdened with paying for the upkeep of this database registration system. This bill also creates a new anti-gun bureaucracy called the Violence Prevention Fund.
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SB-1150 - Cruelty to animals, live pigeon shoots prohibited (Amend 18 Pa.C.S)
INTRODUCED BY BROWNE, COSTA, DINNIMAN, WASHINGTON, GREENLEAF, KITCHEN, BOSCOLA, D. WHITE, HUGHES,RAFFERTY, A. WILLIAMS, MUSTO, C. WILLIAMS, TARTAGLIONE AND FERLO,The groups that are supporting banning live pigeon shoots have publicly stated that this legislation is the beginning of the animal rights move to eliminate private shooting preserves and paint ALL hunting and fishing pursuits as cruelty to animals. See HB 73 for similar proposed legislation.
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SB-1171 – Firearms not to be carried without a license Amends title 18 section 6106 (a)
INTRODUCED BY FUMO, TARTAGLIONE, STACK, KITCHEN, A. WILLIAMS, HUGHES AND WASHINGTON
Upgrades section 6106 with Increased penalty with a one year mandatory sentence imposed.
Anyone who carries a firearm in their vehicle, concealed carry or open carry on their person without a License To Carry Firearm permit outside of their home or fixed place of business commits a third degree felony and upon conviction must serve a mandatory one-year minimum sentence. If you have no criminal record and are eligible to posse a License To Carry Firearm permit (but don’t for whatever reason) and has not committed any other criminal violation still constitutes a first degree misdemeanor and must serve mandatory one-year minimum sentence. With either conviction you are prohibiting from owning any more firearms, even if there is no criminal intent on your part.
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SB-1205 - altering or obliterating marks of identification
INTRODUCED BY HUGHES, WASHINGTON, KITCHEN, FUMO, TARTAGLIONE, A. WILLIAMS, C. WILLIAMS AND STACK
These changes would give police the ability to destroy any confiscated firearms when the legal owner can’t be located after a “reasonable” time of only 120 days. It modifies title 18 sections 6111(c) and 6111.1 (b), 6117. This bill prohibits any law enforcement agency to sell or transfer any confiscated firearm, which is commendable. The bad thing in this bill is this: It only requires the police to make a “reasonable” effort to find the legal owner of any confiscated firearms before they are destroyed. Conveniently absent from this bill is the definition of “reasonable effort”.
This bill also creates a new section 6117.1 relating to destruction of confiscated firearms: this would create a confiscated firearm database, and specific methods and procedures for the destruction of confiscated firearms, including making that “reasonable” effort to find the legal owner and failing to identify the lawful owner of the destruction process. The only exception is a stay of destruction if the confiscated firearm is evidence pertinent to an on going investigation or in a criminal prosecution or civil litigation. As soon as that is completed all confiscated firearms not claimed by their lawful owners will be destroyed.
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SB-1213 - Mandatory Firearms Registration in First Class City Act
INTRODUCED BY TARTAGLIONE, WASHINGTON, KITCHEN, A. WILLIAM, FUMO, HUGHES, FONTANA AND C. WILLIAMS
This bill is very similar to HB 760 except no $10 tax is charged per firearm and, it only applies to residents of first class cities. Any non-resident owning “unregistered” firearms being transported through their jurisdiction must have these firearms be broken down into a “non-functioning state”, or unloaded & enclosed in a case during transportation. Any registered firearm unless in a person’s immediate possession and control must be unloaded, disassembled or bound by a trigger lock or similar device.
Note there is no provision for LTCF permit holders unless (defending your life) that could be classified as a lawful recreation purpose within the city limits.
See HB 760 for reasons why this bill is just more of a long line of bad ideas, all of which do nothing at all to address the crime control problem.
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SB-1214 – Registry for lost or stolen, failure to report, State Police duties (Amend 18 Pa.C.S.)
INTRODUCED BY TARTAGLIONE, WASHINGTON, KITCHEN, A. WILLIAMS, FUMO, STACK, HUGHES, FONTANA AND C. WILLIAMS
This bill is very similar to HB 29. It requires any owner or other person lawfully in possession of a firearm who suffers the lossor theft of a weapon shall report the facts and circumstances to the police department having jurisdiction within 24 hours of the discovery.____________________________________________________________________________
SB-1215 - Sale or Transfer of Firearms - Amends title 18 section 6111 (g) (5) & (6)
INTRODUCED BY KITCHEN, TARTAGLIONE, HUGHES AND FUMO
This amends 6111 (g) (5) & (6) in regards the sale or transfer of firearms. In Ohio and in many other states, it is legal to sell a firearm to another person without using a dealer to facilitate the transfer. In Pennsylvania, since 1995, private transfers are illegal unless you go through a dealer. In Pennsylvania if you sell to a person whom you have reason to believe intends to use firearm unlawfully, the seller is liable for the same criminal and civil penalties as the person who uses the gun in a crime. This is one of the strongest deterrents against private sales to persons with known criminal intent. This legislation removes the “reason to believe” language, so that if a person sells handgun to his brother, who is not a criminal, but years later the brother uses the gun in a crime, the seller can be convicted of the same crime. This tramples Blackstone’s concept of culpability and replaces it with an Orwellian concept of the ministry of justice.
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SB-1217 - Firearms not to be carried without a license Amends title 18 section 6106 (a)
INTRODUCED BY A. WILLIAMS, WASHINGTON, McILHINNEY, KITCHEN, TARTAGLIONE, COSTA, LAVALLE AND WOZNIAK
This legislation allows the state to confiscate vehicles and vessels if a passenger is carrying a firearm unlawfully. And prohibits the owner from filing a claim in court for return of his property.
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SB-1228 – Restrictions License To Carry Firearms in First Class City
INTRODUCED BY A. WILLIAMS, C. WILLIAMS, TARTAGLIONE, HUGHE, WASHINGTON AND KITCHEN
This legislation would roll back the clock and allow Philadelphia to return to the days when only the politically connected could get a license to carry a firearm. Everyone else is left with two uncomfortable choices, either be a (government disarmed) victim of the criminals or illegally carry a firearm for self defense and take your chances not to be caught as a victim of a unjust law.
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Only YOU, by your active involvement, can stop these gun owner’s nightmares from becoming law.
Please Visit Allegheny County sportsmen’ League at http://acslpa.org/