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Old April 3rd, 2007
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Default Re: New Threat in the Senate

Just want to break down the language of this here to the best of my ability, hopefully if I make any mistakes Rule10b5 and/or GunLawyer can slap me around a bit.

For the purposes of 6111 the definition from 6102 is used, which defines a "firearm" as:

Quote:
Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.
So to the best of my knowledge this only deals with handguns, and some NFA items.

Now onto 6111...

First, it modifies 6111(g)(2) to make violation of 6111 a second degree felony instead of a third degree felony.

Secondly it adds a new offense under 6111.6 for "Straw Purchases"

"Straw Purchases" are defined under 6111.6(a) as:

Quote:
No person, other than a licensed dealer, licensed manufacturer or licensed importer may purchase a firearm knowing or intending that the firearm will thereafter be transferred to another individual.
6111.6(b) lays out the presumption of guilt based in the absence of

Quote:
1) any report by the purchaser to law enforcement authorities that the firearm has been stolen
and

Quote:
2) any record of a lawful sale of the firearm possession of the firearm, on or after the date of its purchase, by a person other than the purchaser of the firearm shall give rise to a rebuttable presumption that the purchaser, at the time of purchase, knew or intended that the firearm would thereafter be transferred to another individual.
Of last importance is 6111.6(c) which lays out valid defenses:

Quote:
It is a defense to a violation of this section that the person who purchased the firearm knew or intended that the firearm would thereafter be transferred as a bona fide gift to another individual.
So it appears that if you're gifting a firearm, that's OK since it is a defense, and then if you have a police report saying it was stolen, or a record of legal transfer you're OK.

I consider myself somewhat good at being able to discern the jist of our statutes but this one I think is a tad over my head on some of the specifics.
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Daniel Pehrson, Founder & President, Pennsylvania Firearm Owners Association
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Last edited by danp; April 3rd, 2007 at 02:47 PM.
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