PRO-GUN LEGISLATION Summary as of Oct 2007
By enacting more anti-gun laws on the books, 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?? So, are we to believe that more gun control legislation will make a difference when current laws are being plea-bargained away? Currently the ‘Laws Relating to Firearms’ booklet published by the state contains approximately 126 pages. This is an increase of an additional 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.
HB 19 – Offenders, serious drug trafficking, violent repeat, not to possess firearms.
INTRODUCED BY D. EVANS, GERBER, CALTAGIRONE, MYERS, STURLA, WHEATLEY, WILLIAMS, BENNINGTON, BISHOP, COHEN, CRUZ, CURRY, FRANKEL, GALLOWAY, JOSEPHS, KIRKLAND, LEACH, M. O'BRIEN, PASHINSKI AND ROEBUCKAnti-gun politicians are always screaming for more “so called” common sense gun control to prevent criminal access to firearms. Unfortunately, almost of their proposed bills focus on the firearms of law abiding gun owners and not on the criminal’s actions or illegal possession of firearms.
This bill changes all that by forcing the District Attorney’s, judges and court system to punish repeat offending predatory criminals who use firearms in commission on crimes. By providing real common sense mandatory jail time and additional felony charges for prior criminal convictions using firearms in the past.
Many innocent people in PA have been injured or killed by repeat violent offenders being let back out on the streets early, from charges that were plea bargained away instead of enforced. Wow, what a novel concept; prosecuting repeat criminals for offenses they commit with firearms. How much safer will police officers and citizens be when these criminal predators are off the streets, incarcerated in jail paying a time penalty for their actions.
Gun control has a real human cost. It’s time criminals start to pay 100% for their crimes with time behind bars instead of citizens having to put bars on their homes and live in fear.
HB 142 – Right to hunt, fish, harvest game
INTRODUCED BY BAKER, ROHRER, ARGALL, BENNINGHOFF, BELFANTI,BOYD, CALTAGIRONE, CAPPELLI, CAUSER, CLYMER, DALLY,DENLINGER, ELLIS, FAIRCHILD, GEIST, GODSHALL, GOODMAN, GRELL, HARHAI, HESS, HUTCHINSON, KAUFFMAN, M. KELLER, MANN,MARKOSEK, McILHATTAN, METCALFE, MOUL, PERRY, PHILLIPS,PICKETT, PYLE, RAPP, REICHLEY, ROAE, SOLOBAY, STABACK, STERN, R. STEVENSON, WALKO AND WOJNAROSKI
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.
HB 205 – PGC Commission, composition & former employees
INTRODUCED BY PICKETT, PHILLIPS, R. STEVENSON, CREIGHTON, GEIST,HERSHEY, YOUNGBLOOD, CALTAGIRONE, MUSTIO, GODSHALL, ROHRER,SONNEY, McILHATTAN, HENNESSEY, KULA, J. EVANS, CAUSER, RUBLEY, RAPP AND SWANGER
This bill requires an independent game commission composed of 8 competent PA citizens who are well informed on the subject of wildlife conservation, restoration and who are not PGC employees. They will be appointed by governor with the advice and consent of 2/3 of the senate.
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HB 618 - Rights, restoration, offenses under prior laws of the Commonwealth
INTRODUCED BY HANNA, DENLINGER, GEIST, GEORGE, GERGELY, GODSHALLAND GRUCELAThis bill provides for restoration of rights for past non-violent offenses for those sentenced under very old laws involving the vehicle and penal codes where over the course of many decades the definitions have changed. People who had been convicted of or plead guilty to minor offenses in the past which presently would not be a serious violation of current law and the sentencing was an ambiguous misdemeanor shall have the option to have their rights restored to own and posses firearms for lawful purposes.
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HB 641 – 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 CAPPELLI, BENNINGHOFF, BAKER, BARRAR, BASTIAN,BELFANTI, BOYD, CALTAGIRONE, CASORIO, CAUSER, CLYMER,DENLINGER, ELLIS, EVERETT, FAIRCHILD, GEIST, GEORGE,GINGRICH, GODSHALL, GRELL, GRUCELA, HALUSKA, HARRIS, HERSHEY,HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, M. KELLER, KILLION,KOTIK, MAJOR, MARSICO, METCALFE, R. MILLER, PAYNE, PEIFER,PETRARCA, PETRI, PHILLIPS, PICKETT, PYLE, RAPP, SAINATO,SAYLOR, SIPTROTH, S. H. SMITH, SOLOBAY, SONNEY, STERN,R. STEVENSON, SURRA, TURZAI AND WANSACZ
This bill, commonly referred to as the “castle doctrine”, is very similar to ones enacted in other states which have a proven history of acting as a real deterrent to violent criminal confrontations. Under PA law currently you are required to demonstrate that you retreated or attempted to retreat from any criminal confrontation other than inside you home. This presumes that you have the time and opportunity to call the police to intervene and hopefully they will make it in time to save you. If you do anything to protect your self or property outside your homes, even IF you are still on your own property/land, to harm the criminal or protect your family from imminent attack you can be held criminally and or civilly liable for your actions, justified or not, by an over zealous DA or criminals family. This bill would provide protections against punitive lawsuits for civilians as well as off duty law enforcement officers and their families. This single proposed bill, if passed into law, 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 641 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. This bill also provides for very strict provisions on the use of deadly force and cannot be used by anyone while they are engaged in unlawful or illegal acts, or used against a peace officer acting in the performance of their official duties.
HB 819 – Game Commission, regulations relating to hunting with flintlock muzzleloader.
INTRODUCED BY DENLINGER, CALTAGIRONE, CAPPELLI, COX, GEIST,GINGRICH, GODSHALL, HARRIS, HENNESSEY, HERSHEY, KAUFFMAN,KORTZ, MENSCH, MILLARD, PALLONE, PICKETT, RAPP, READSHAW,REICHLEY, ROCK, ROHRER, SCAVELLO, SIPTROTH, SONNEY AND STERNThis bill simply allows the use of ‘inline’ muzzle loaders whenever a ‘flintlock’ season is called for in the hunting regulations.
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HB 1029 - Firearms, sale or transfer, further provided
INTRODUCED BY R. STEVENSON, METCALFE, BAKER, BELFANTI, BOYD,BROOKS, CAPPELLI, CAUSER, CLYMER, CREIGHTON, CUTLER, DALEY,DENLINGER, J. EVANS, EVERETT, GEIST, HALUSKA, HENNESSEY,HESS, HUTCHINSON, KORTZ, KOTIK, LONGIETTI, McILHATTAN,MILLARD, R. MILLER, PETRARCA, PICKETT, PYLE, RAPP, ROAE,SOLOBAY, SONNEY, STERN AND SURRAThis bill clarifies the instant check requirements for the sale of firearms that the holders of a valid concealed carry permit or any current law enforcement officer’s identification are exempt from the requirements and fees of the Pennsylvania Instant Check System.
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HB 1115 - Pennsylvania Election Code - Disclosure to public of candidate information
INTRODUCED BY MUSTIO, METCALFE, J. EVANS, EVERETT, GEIST, GIBBONS, GOODMAN, HENNESSEY, HERSHEY, KOTIK, O'NEILL,SCAVELLO, SONNEY, R. STEVENSON, GINGRICH, KILLION, COX, KORTZ AND HARRISThis much needed bill clarifies and defines Pa election code requirements for public disclosure of all candidates’ information, voter eligibility requirements, and much needed oversight to the election process of candidates to public offices.
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HB 1145 - Prohibits the Governor in time of a disaster or emergency from seizure, taking or confiscation of lawfully possessed firearms or ammunition
INTRODUCED BY SOLOBAY, BAKER, BELFANTI, BENNINGHOFF, BOYD,CALTAGIRONE, CAPPELLI, CASORIO, CLYMER, CONKLIN, COX, CUTLER,DALEY, DeWEESE, EVERETT, FABRIZIO, FAIRCHILD, GEIST, GEORGE,GIBBONS, GOODMAN, HALUSKA, HERSHEY, HESS, KORTZ, KOTIK,McILHATTAN, METCALFE, MUSTIO, PAYNE, PETRARCA, ROAE,K. SMITH, SONNEY, R. STEVENSON, SURRA, WALKO AND J. WHITEThis bill prohibits the governor of PA from authorizing anyone from unlawfully taking of firearms or ammo away its citizens in times of any disaster or emergency situation.
As evidence, the accounts of what happened to the survivors of hurricane Katrina wherein the Governor of Louisiana disarmed the citizens who needed their firearms the most to protect themselves from the break down of all civil authority and protect their property from criminal looting and violent attacks. (There are currently no specific protections against this kind seizure of firearms in Pennsylvania law.)
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HB 1160 – Temporary emergency Licenses for carrying further provided
INTRODUCED BY METCALFE, BASTIAN, COX, EVERETT, GERGELY, GRELL,M. KELLER, KORTZ, MOUL, MUSTIO, PETRARCA, PYLE, RAPP, ROAE,ROHRER, R. STEVENSON, CAUSER, SWANGER, DENLINGER AND YEWCICThis bill authorizes the issuance of immediate temporary non-renewable concealed carry license to qualified individuals in imminent danger for their lives. This license would be issued, by the Sheriff in the County of residence, only after the individual provides evidence of the imminent danger AND passes all the background checks necessary for the issuance of a regular license to carry firearms.
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HB 1161 - Offense of unlawful firearms records; penalty prescribed.
INTRODUCED BY METCALFE, BAKER, BASTIAN, CAPPELLI, COX,CREIGHTON, CUTLER, J. EVANS, EVERETT, GEIST, GERGELY,GIBBONS, HARRIS, HERSHEY, HESS, HUTCHINSON, M. KELLER, KORTZ,MARSHALL, MUSTIO, RAPP, ROAE, ROHRER, S. H. SMITH, SONNEY,R. STEVENSON, SURRA, CAUSER, SWANGER, DENLINGER, SAYLOR ANDYEWCICThis bill prohibits the state police or any other state agency from keeping or maintaining any registry or any type of database of law abiding firearm owner’s purchases. Free people should never have their gun registered and history has shown that registration has always lead to confiscation of firearms, and given rise to tyranny. People should not fear their governments, governments should be fear of their people. A long as this balance of power by of consent to be governed by the people, honesty, fairness and freedom for all is maintained.
The state police wasted nearly $130 million operating the PICS system, which would have been done at ‘no’ cost to gun owners or the state of 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? Conducting the Instant Checks through the state run system has cost Pennsylvania citizens and gun owners dearly.
1998 Start up costs for the PICS System -- $22,000,000.
Yearly costs to operate and maintain PICS -- $6,000,000.
(Total thus far 11 years x $6 million= $66,000,000)
2007 PICS Upgrade -- $32,000,000
Total Costs to date -- $126,000,000
Successfully prosecuted prohibited individuals who tried to buy a gun on average per year--120 - 140
Wouldn’t the money be much better spent catching and locking criminals up rather than making list of law abiding gun owner’s firearms? See also SB 738 for concurrent senate bill.
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HB 1185 – Employees Right to self defense act.
INTRODUCED BY SONNEY, METCALFE, BAKER, BELFANTI, BENNINGHOFF,CAPPELLI, COX, CUTLER, DALEY, EVERETT, GEIST, GINGRICH,HUTCHINSON, M. KELLER, KIRKLAND, KORTZ, MARSHALL, McILHATTAN,PICKETT, PYLE, RAPP, ROHRER, SAYLOR, SOLOBAY, R. STEVENSON,GIBBONS, DENLINGER AND YEWCIC,This bill prohibits employers from discharging, threatening, or discriminating against an individual who chooses to exercise their right to self-defense throughout the Commonwealth, while on the job or storing their firearm in their privately owned vehicles on company property.
HB 1235 – provides for open access to PSP Records that are used in the denial of a firearms purchase so that a citizen can challenge the accuracy of criminal history records information. Note this bill is currently in senate, passed house vote 197 to 6 against.
INTRODUCED BY J. WHITE, McCALL, EVERETT, METCALFE, SURRA,GERGELY, SOLOBAY, COX, DALEY, DENLINGER, GIBBONS, GOODMAN,HORNAMAN, KAUFFMAN, KORTZ, KOTIK, MAHONEY, MANDERINO,McILHATTAN, MOYER, MUSTIO, READSHAW, SAYLOR, SCAVELLO, WALKO,YEWCIC, HESS, ROAE, SIPTROTH AND CALTAGIRONE
This bill provides a specific and regulated process for the state police to provide show just cause and provide documentation in a specifically designated time frame as to why an individual was denied the right to acquire firearms.
There is also a prescribed manor in where the individual citizen can challenge the accuracy of the state record. The burden to prove the accuracy shall fall upon that agency to prove its records are correct. If the challenge to accuracy is ruled valid, the individual also has the right to appeal the decision directly to PA the Attorney General for another review. If that review fails you shall have the added recourse of appealing to the commonwealth court. This is vastly superior to the current system of hiring a lawyer and paying legal fees to obtain the same information.
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HB 1292 – Limits the Department of Conservation and Natural Resources, to regulate the possession of firearms inconsistent with provisions of statutory law.
INTRODUCED BY FAIRCHILD, METCALFE, BAKER, BASTIAN, CALTAGIRONE,CASORIO, CLYMER, CUTLER, DENLINGER, EVERETT, FABRIZIO, GEIST, GEORGE, GERGELY, GINGRICH, GODSHALL, HALUSKA, HARHAI, HARRIS,HERSHEY, HESS, KILLION, KORTZ, MARSHALL, McILHATTAN,R. MILLER, MURT, PAYNE, PHILLIPS, PICKETT, PYLE, RAPP,READSHAW, REICHLEY, ROAE, ROHRER, SAYLOR, SEIP, S. H. SMITH,SONNEY, STERN, SURRA, YEWCIC AND SWANGER
This bill restricts the DCNR from regulating the possession of firearms by concealed carry permit holders or off duty law enforcement officers in PA state parks or any other area of their jurisdiction against state law.
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HB 1392 – defining “Firearm” in theft and related offenses.
INTRODUCED BY O'NEILL, CAPPELLI, CUTLER, EVERETT, FRANKEL,GIBBONS, HERSHEY, HESS, M. KELLER, KENNEY, MAHONEY, MILLARD,R. MILLER, MILNE, MURT, NAILOR, REICHLEY, ROEBUCK, RUBLEY,SAYLOR, STERN, SWANGER, J. TAYLOR, WATSON, YOUNGBLOOD AND YUDICHAK
This bill closes a loop hole in current law and specifically defines what a firearm is in relationship to theft and other related offenses to be consistent with other definitions of the term firearm used in other laws
HB 1569 - Criminal history record expungement.
INTRODUCED BY BENNINGHOFF, THOMAS, BUXTON, CARROLL, CREIGHTON,DENLINGER, FABRIZIO, GEORGE, GIBBONS, GINGRICH, HERSHEY,JAMES, KIRKLAND, KORTZ, LEACH, McILHATTAN, MELIO, R. MILLER,MOUL, PRESTON, REICHLEY, ROAE, RUBLEY AND SOLOBAY
This bill provides for specific procedures for limited individuals that have paid their debt to society turned the lives around and have lead a productive life a means to have their rights restored as full citizens of PA.
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HR 296 - Federal REAL ID ACT unfunded mandate costing PA taxpayers $ Millions
INTRODUCED BY SIPTROTH, JOSEPHS, THOMAS, MARKOSEK, McCALL, CARROLL,SCAVELLO, CONKLIN, SANTONI, DeWEESE, MANDERINO,DALLY, W. KELLER, WALKO, FREEMAN, KULA, SEIP, COSTA,PETRARCA, PALLONE, CASORIO, HARKINS, CURRY, HARHAI, SAINATO, HORNAMAN, R. TAYLOR, BIANCUCCI, GRUCELA, RAMALEY, WANSACZ,GOODMAN, KING, MUNDY, GEORGE, FAIRCHILD, BEYER, HENNESSEY ANDBARRARNote this resolution is currently in senate, passed house vote 200 to 3 against
This resolution opposes the costly unfunded mandate for the state of PA driver’s license to comply with federal standard imposed under the REAL ID ACT of 2005. It’s estimated that compliance with this act by PA taxpayers is going to be approximately 86 million dollars and raises privacy and security concerns that will affect all citizens. Additional other state legislators from Maine, Idaho, Arkansas, Montana, Washington, Georgia, Texas, West Virginia, New York, Maryland, Ohio and others are rejecting this act as well PA will also reject this unfounded mandate.
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SB 738 – Unlawful registry of privately owned firearms or maintaining an illegal database of firearm owners. This bill is the senate version of HB 1161 – see it for review.
If you would like to have any of this PRO-GUN legislation become a law in PA.
Please write your PA representatives letters and emails and ask them to support these proposed PRO-GUN legislation. Be sure to mention the bill numbers and thank them for their support of your Constitutional right.
You can also make copies of the Vote NO and Vote YES legislation list, have members of your gun club or friends sign them and send them to the legislators.
We ask you to vote NO on the following bills as they are a direct violation of our Constitutional rights under Article 1 Section 21 & Section 25
VOTE NO ON THESE BILLS
HB 18 – Ammunition, limitations on regulation, municipal powers.
HB 20 – Mandatory Gun Storage within easy access to minors prohibited; penalties
HB 21 – Display or use of firearm, further providing for bail, governed by general rules
HB 22 – Handgun purchases and sales, limit; Violence Prevention Fund, establishing; municipal regulation of firearms and ammunition
HB 23 – Handgun and ammunition, regulation; limitation on municipal powers.
HB 25 – Firearms and ammunition, regulation; limitation on municipal powers
HB 28 – Persons prohibited from possessing, using, manufacturing, controlling, selling or transferring; carrying firearms on public streets or property in Philadelphia
HB 29 – Registry for lost or stolen, failure to report, State Police duties
HB 30 – Assault Weapon Ban, prohibition, registration, penalties
HB 73 – Cruelty to animals, live pigeon shoots prohibited
HB 277 – Ballistics ID of Bullets & Mandatory Use of Trigger Locks
HB 291 – Handgun Safety, Testing & Certification; providing for implementation of personalized handgun requirements and forfeiture of certain handguns
HB 452 – Amends Title 18 (Crimes and Offenses) further providing for persons prohibited from possessing, using, manufacturing, controlling, selling or transferring firearms.
HB 485 – Firearms and ammunition Commission, limitation on regulation.
HB 760 – Firearm Registration Act
HB 960 – First class city, gives cities power to enact their own laws & regulations
HB 1198 – Illegal Firearm Task Force Program, established, Office of Attorney General, powers, duties; appropriation
HB 1478 – Sale or transfer, fee, surcharge, Added cost to firearm transactions
HB 1536 – Sale or transfer, further provided unless approved mandatory training program
HB 1633 – First class cities firearm registration act – reworked HB 760
HB 1701 – Capitol Gun Carry Prohibited, penalties and limitations
HB 1733 – Registry of lost or stolen, Pennsylvania State Police - HB 29 Reworked
HB 1745 – Amends the Tax Reform Code - an additional tax on ammunition
HB 1746 – first class cities to impose restrictions purchase, sale and possession of firearms.
HB 1758 – local government may enact laws its own Firearms.
HB 1845 – Possession of firearms with removed manufactures numbers
THANK YOU FOR COMMITTING TO VOTE NO ON THESE BILLS
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We ask you to vote YES for the following bills. We also ask you to pass reality based laws which protect Citizens’ rights, and which lock up and punish criminals that prey upon the people that elected you to make their lives and this Commonwealth a safer place.
VOTE YES ON THESE BILLS
HB 19 – Offenders, serious drug trafficking, violent repeat, not to possess firearms.
HB 142 – Right to hunt, fish, harvest game
HB 205 – PGC Commission, composition & former employees
HB 618 – Rights, restoration, offenses under prior laws of the Commonwealth
HB 641 – Self-protection, general principals of justifications, definitions, protection of other persons, use of force, civil immunity for use of force, sentences for firearms offenses
HB 819 – Game Commission, regulations relating to hunting with flintlock muzzleloader.
HB 1029 – Firearms, sale or transfer, further provided
HB 1115 – Pennsylvania Election Code - Discloser to public of candidates
HB 1145 - Prohibits the Governor in time of a disaster or emergency from seizure, taking or confiscation of lawfully possessed firearms or ammunition
HB 1160 – Temporary emergency Licenses for carrying further provided
HB 1161 – Offense of unlawful firearms records; penalty prescribed
HB 1185 – Employees Right to self defense act
HB 1235 – providing for challenge of accuracy of criminal history records information
HB 1248 – Publish publicly the enforcement of PA Laws and the court information on judges, prosecutors and positions taken on enforcing the law including sentencing.
HB 1292 – Limits the Department of Conservation and Natural Resources, to regulate the possession of firearms inconsistent with provisions of statutory law.
HB 1392 – defining “Firearm” in theft and related offenses.
HB 1569 – criminal history record expungement
HR 296 – Federal REAL ID ACT unfunded mandate costing 86 million to PA taxpayers
SB 738 – Unlawful registry of privately owned firearms or maintaining an illegal database of firearm owners.
THANK YOU FOR COMMITTING TO VOTE YES ON THESE BILLS
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