HB 1744 House Vote on Nov 14

[WhiteFeather]

In case some of you missed or did not know HB 1744 is scheduled for a vote on Nov 14.
Here is Kim Stolfer and other people review of HB 1744
Start writting your Reps and other Reps as well to oppose this bill, send emails to all 203 house Reps urging a NO Vote.
Time to so something and let your voice be heard in Harrisburg

IF you need Reps email address go to this link

http://acslpa.org/n-legislative/pa_p...egislation.htm

"IMPORTANT PA Gun News & Information"


HB 1744 pn 2806 (2007 Session)

Legislative Review

Overview:

This legislation is a combination of numerous concepts some of which remain unacceptable. The various elements are as follows:

It modifies §3903 of title 18 (grading of theft offenses) theft of a firearm by eliminating the definitive criteria of actually being in the ‘business of buying or selling stolen property’.
This provision will allow prosecutors to charge ‘anyone’ with possession of a stolen gun even IF that gun was acquired by legitimate means ‘at any time’ without any protections that currently exist under the law.

**Position—Recommend Oppose

It requires a notice to be provided to firearms purchasers that advises them of the legal obligations and restrictions regarding lending or transferring a firearm as established in subsection 6115 of title 18.
NOW the anti-gunners in Harrisburg have just come up with a new idea: send gun dealers to prison if they fail, or are even accused of failing, to notify every customer of Pennsylvania Law. How will a dealer PROVE that he gave the individual the notice if receipt of a notice is contested by a straw purchaser? Will a dealer be prosecuted for the penalty in §6119 of Title 18? Will a gun dealer who deviates one word from what the state instructs him to tell his customers be in violation of the law?

**Position—Recommend Opposition

It establishes a study to be conducted by the Joint State Government Commission that will examine three distinct areas of Pennsylvania law under the Uniform Firearms Act and judicial action relating to it.
The three areas are as follows:
It will study multiple purchases of firearms utilizing a 30 day window of ALL firearms sales as to the likelihood that these purchases are a contributing factor in the use of firearms in criminal activity.
The number of arrests for violations of the uniform firearms act during the period of the study and for three years preceding the study
The number of convictions for violations of the uniform firearms act during the period of the study and for three years preceding the study.
The study authorizes the Pennsylvania State Police to retain firearms purchase records in defiance of Federal law which prohibits the retention of these records as does Pennsylvania state law so as to compile the data as part of the joint State Government commission study on the multiple purchase of firearms concept.
The information compiled is to be made available to the Attorney General of the state of Pennsylvania for law-enforcement purposes and no identifying information may be publicly released according to the restrictions set forth in this legislative language.
Considering past examples during the Governor Casey administration and its manipulation of the notorious ‘Weapons Database Report’ of the PA State Police on Assault Weapons which sought to label small caliber semi-automatic handguns as assault weapons and the Governor Ridge administration’s handling of the data from the hearings before the ‘Committee to Study the Use of Automatic and Semi-Automatic Assault Weapons in Crime that resulted in the outrageous ACT 17 of 1995, which required four major packages of amendments to fix unworkable and unjust language over the last decade. Gun owners have no reason to trust the outcome of this report nor the claims of confidentiality. Further, the issue of ‘multiple sales of firearms’ has been thoroughly examined and dismissed as ineffective by the National Academy of Science and the Centers for Disease Control. In addition there aren’t sufficient safeguards or oversight of the conclusions that are rendered in this report nor is there a provision for peer review that would allow for a critical analysis of the conclusions.

It clarifies the law as to who pays for materials on the distribution of uniform firearms laws and safety brochures and notices and that these documents will be provided at no cost to the dealer for distribution to the purchasers of firearms.
**Position—Recommend Opposition

It empowers the creation of a joint local/state firearms task force between the Attorney General and any County District Attorney. This task force is empowered to address violation of the uniform firearms act and the jurisdiction of the Attorney General is limited as per the Commonwealth Attorneys act.
This approach is NOT directed at the career recidivist criminal but at ‘gun violence’ which is an arbitrary and emotional tag on ‘guns’ and not the perpetrators of the crimes. Task forces have a history of needing numbers to justify the expenditure of monies and this compulsion ends up targeting the unintentional transgressor with the same gusto and energy as those who commit violent crime. This also does nothing to address the problems of the courts and prosecutorial miscues.

**Position—Recommend Opposition

It establishes a Firearm Safety Education Program that would provide for the establishment of a firearm safety education program in the office of the Attorney General of Pennsylvania.
The general assembly findings that are part of this program preys upon the emotional concept of firearm related accidents among children.
The National Rifle Association and the eagle gun safety program is highlighted as an endorsed and recommended program that has been in use by public and private schools, law enforcement agencies and civic organizations and is endorsed by same.
It establishes a firearm safety education fund in the initial amount of $100,000 to be appropriated from the general fund. Educational programs shall be approved by the office of Attorney General. Grants from the firearm safety education fund will be prioritized based upon the incidence of firearms accidents and violence in the County where the school is located.
The problems with the section on the firearms safety education program are that this section states "education programs SUCH AS the Eddie Eagle Gun Safe Program" thereby authorizing the application by many other entities such as the Brady Campaign to End Gun Violence, the Violence Policy Center, a Coalition to End Gun Violence, etc.. (See HB 1744 Language Below)

**(6) it is therefore in the best interests of this commonwealth to establish a firearm safety education program within the office of attorney general to provide resources and direct grant money to schools to offer FIREARM SAFETY EDUCATION PROGRAMS SUCH AS the Eddie Eagle Gun Safe Program.

This legislation also **REQUIRES schools seeking to implement "firearm safety education" to seek funding and pro bono services from individuals and OTHER ENTITIES to carry out that educational program thus opening the door to foundations and other organizations that are committed opponent's of firearms ownership such as the Joyce foundation, the Pew foundation, etc.. Guess which option the city fathers of Philadelphia, among other cities, will chose. In addition schools** will be able, and are in fact compelled, to go to ‘other’ funding sources such as non-profit corporations to carry out this firearm education. (Is the funding for this per school or per school district?) This opportunity opens up the tender minds of our children to the skillful manipulation of foundations like the Joyce Foundation (which pours $-millions into the anti-gun agenda) and others that are virulently anti-gun. (See HB 1744 Language Below)

**(d) duty to seek other sources of funding.--a school shall seek all available funding, including federal funding or funding available from nonprofit corporations, and shall seek to engage pro bono services from individuals and other entities to carry out firearm safety education.

In essence the Attorney General reviews, approves and selects the curriculum, establishes the grant program, and administers the grant program. Under a different Attorney General, how many schools that selected the Eddie Eagle curriculum would receive any grant monies? Additionally, is it proper to give law enforcement control over a portion of the compulsory educational system in the commonwealth? We don’t think it is, and it sets a dangerous precedent.

**Position—Recommend Opposition

In addition to the provisions outlined above, other amendments have been filed for consideration with this legislation. One of them seeks to fold into this legislation the language from House Bill 641, the Castle Doctrine.

A04061 CAPPELLI 11-08-07 - Provides for self-protection by adding that an individual is presumed to have a reasonable belief that deadly force is immediately necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat if both of the following exist: (1) the person against whom the defensive force was used was in the process of unlawfully and forcefully entering a dwelling, residence or occupied vehicle, or if that person unlawfully and forcefully removed another against that other's will from the dwelling, residence or occupied vehicle; and (2) the individual had reason to believe that an unlawful and forceful entry or act was occurring or had occurred. A person who unlawfully and by force enters or attempts to enter an individual's dwelling, residence or occupied vehicle is presumed to be doing so with the intent to commit an act resulting in death or serious bodily injury or kidnapping or sexual intercourse by force or threat. Also provides for civil immunity for use of force.

**Position—Recommend Support

A04094 CREIGHTON 11-08-07(Filed, Not on HVS) - Inserts language adding citizenship or immigration status to the definition of "criminal history record information." Further provides an arresting authority has to inquire into the citizenship and immigration status of all persons arrested for a felony, misdemeanor or summary offense. Also provides the arresting authority shall cooperate with Federal immigration authorities. In addition, statistical information concerning the citizenship and immigration status of all persons arrested for a felony, misdemeanor or summary offense has to be included in the Pennsylvania Uniform Crime Reporting Program. Also a board, commission or department of the Commonwealth, for the purposes of licensing, may consider verification that an applicant is unlawfully present in the United States.

**Position—Recommend Neutrality

(Our thanks to Melody Zullinger and the PFSC for forwarding the notice of the above two new amendments.)

Pending Legislative Action:

This legislation is scheduled to be heard this coming Wednesday the 14th of November. Please provide your views and thoughts on either outright opposition, suggested amendments or selective dissection of this bill as each amendment comes up for a vote on Wednesday.

Thank you!

Kim Stolfer

ACSL, Legislative Committee, Chairman

www.acslpa.org

FOAC, Chairman

www.foac-pac.org

PSA, Legislative Committee, Vice-Chairman

(412) 221-3346, Home Phone

(412) 257-1099, Home Fax

(412) 352-5018, Cell


Other PAFOA post here about HB 1744

http://www.pafoa.org/forum/pennsylva...er-update.html

[WhiteFeather]

PRIORITY: High

***Allegheny County Sportsmen's League*** November 11, 2007



LEGISLATIVE ALERT--COALITION



Issue: Update HB 1744—House Floor Action Imminent on HB 1744 (Review of legislation is attached along with the latest version of the bill)



House Bill 1744 has been amended in the Judiciary Committee and is scheduled for House Floor action (the current version is attached). In some ways the amendments have made this legislation even worse. Attached to this message is a review of the issues currently contained in the legislation. This legislation is scheduled for 2nd consideration this coming Wednesday the 14th.



The ACSL and the PSA have examined this legislation and we are in agreement with the attached review. We are VERY concerned about the section on ‘firearms education in the schools’ and the likelihood of it opening up a new dimension of propagandizing these issues with kids. It is ‘highly’ unusual to put a school funding issue into the Crimes Codes (Title 18) to say the least. You will notice that the dedicated anti-gun legislators like Rep. Dan Frankel and the Philadelphia legislative contingent ALL voted FOR (Votes Attached) this legislation AND the amendments. It is our belief that they KNOW what opportunities exist for their agenda in this legislation. We would also remind you that we have been ‘very’ lucky with our current Attorney General (Tom Corbett) and that it is ‘highly possible’ that the next Attorney General could end up behaving like Ernie (ban Assault Weapons) Preate or have an anti-gun/anti-hunting philosophy. This one provision alone provides ‘complete control’ over the implementation of ‘firearms safety training’ in perpetuity.



Please review the various amendments and our analysis and communicate to your legislators ASAP your position on this bill. It is our understanding that current PA House rules controlling action on legislation have amendments voted on at the 2nd consideration vote and then the entire bill is voted on in 3rd consideration. We RECOMMEND OPPOSITION to this legislation in its current form.



Thank you for your time and YOUR consideration of these issues.



Kim Stolfer

Legislative Committee, Chairman

Allegheny County Sportsmen's League, Inc.

www.acslpa.org

(412) 221-3346, Home Phone

(412) 257-1099, Home Fax

(412) 352-5018, Cell

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Note arrow sections

PRIOR PRINTER'S NO. 2323 PRINTER'S NO. 2806


THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL
No. 1744 Session of 2007

INTRODUCED BY CALTAGIRONE, BLACKWELL, DONATUCCI, FRANKEL,
GODSHALL, HARPER, JAMES, JOSEPHS, KOTIK, MANDERINO, McGEEHAN,
MURT, MYERS, M. O'BRIEN, PAYTON, SIPTROTH, STEIL, STURLA,
J. TAYLOR, THOMAS, WALKO, YOUNGBLOOD AND HENNESSEY,
JULY 13, 2007


AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 31, 2007

AN ACT

1 Amending Title TITLES 18 (Crimes and Offenses) AND 44 (LAW AND <--
2 JUSTICE) of the Pennsylvania Consolidated Statutes, further
3 providing for grading of theft offenses and, for sale or <--
4 transfer of firearms AND FOR DUTIES OF PENNSYLVANIA STATE <--
5 POLICE; providing for limits on lending or transferring a
6 handgun, FIREARM AND for a study by the Joint State <--
7 Government Commission and for additional authority for the <--
8 Office of Attorney General; and making an appropriation.; <--
9 FURTHER PROVIDING FOR DISTRIBUTION OF UNIFORM FIREARM LAWS
10 AND FIREARM SAFETY BROCHURES; ESTABLISHING THE FIREARM SAFETY
11 EDUCATION PROGRAM AND THE FIREARM SAFETY EDUCATION FUND;
12 PROVIDING FOR POWERS AND DUTIES OF THE OFFICE OF ATTORNEY
13 GENERAL AND FOR A TRANSFER BETWEEN FUNDS; AND MAKING
14 APPROPRIATIONS.

15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Sections 3903(a)(3) and 6111(b)(5), 6111(B)(5) <--
18 AND 6111.1(D) of Title 18 of the Pennsylvania Consolidated
19 Statutes are amended to read:
20 § 3903. Grading of theft offenses.
21 (a) Felony of the second degree.--Theft constitutes a felony
22 of the second degree if:


--------------------------------------------------------------------------------

1 * * *
2 [(3) In the case of theft by receiving stolen property,
3 the property received, retained or disposed of is a firearm
4 and the receiver is in the business of buying or selling
5 stolen property].
6 * * *
7 § 6111. Sale or transfer of firearms.
8 * * *
9 (b) Duty of seller.--No licensed importer, licensed
10 manufacturer or licensed dealer shall sell or deliver any
11 firearm to another person, other than a licensed importer,
12 licensed manufacturer, licensed dealer or licensed collector,
13 until the conditions of subsection (a) have been satisfied and
14 until he has:
15 * * *
16 (5) (i) Issued a receipt containing the information
17 from paragraph (4), including the unique approval number
18 of the purchaser. This receipt shall be prima facie
19 evidence of the purchaser's or transferee's compliance
20 with the provisions of this section.
21 (ii) Provided to the buyer of a firearm, as defined
22 in section 6102, a copy of the notice provided for in
23 section 6111.6 (relating to notice of limits on lending
24 or transferring a handgun).
25 * * *
26 § 6111.1. PENNSYLVANIA STATE POLICE. <--
27 * * *
28 (D) DISTRIBUTION.--THE PENNSYLVANIA STATE POLICE SHALL
29 PROVIDE, WITHOUT CHARGE[,]:
30 (1) SUMMARIES OF UNIFORM FIREARM LAWS AND FIREARM SAFETY
20070H1744B2806 - 2 -



1 BROCHURES PURSUANT TO SECTION 6125 (RELATING TO DISTRIBUTION
2 OF UNIFORM FIREARM LAWS AND FIREARM SAFETY BROCHURES)[.]; AND
3 (2) NOTICES OF LIMITS PURSUANT TO SECTION 6111.6
4 (RELATING TO NOTICE OF LIMITS ON LENDING OR TRANSFERRING A
5 HANDGUN).
6 * * *
7 Section 2. Title 18 is amended by adding sections to read:
8 § 6111.6. Notice of limits on lending or transferring a handgun <--
9 FIREARM. <--
10 Each purchaser of a firearm, as defined in § 6102 (relating
11 to definitions), shall receive a copy of a notice, to be
12 promulgated by the Pennsylvania State Police, containing the
13 following information:
14 Notice of Limits on Lending
15 or Transferring a Handgun FIREARM <--
16 As the owner of a handgun, you must comply with certain <--
17 legal obligations and restrictions. You may not lend or give
18 the handgun to any person, except as provided in 18 Pa.C.S. §
19 6115(b) (relating to rules and regulations). A violation of
20 this provision is a crime punishable by five years
21 imprisonment and a $10,000 fine. You may not sell or transfer
22 the handgun to another person unless the sale or transfer
23 occurs at a licensed dealer or the office of the county
24 sheriff, as provided in 18 Pa.C.S. § 6111(c) (relating to
25 sale or transfer of firearms). A violation of this provision
26 is a crime, punishable by two years imprisonment and a $5,000
27 fine. If the person to whom you sell or transfer the handgun
28 is ineligible to possess a handgun, the penalty is seven
29 years imprisonment and a $15,000 fine. FIREARM, YOU ARE <--
30 REQUIRED TO COMPLY WITH THE FOLLOWING LEGAL OBLIGATIONS AND
20070H1744B2806 - 3 -



1 RESTRICTIONS:
2 (1) YOU MAY NOT LEND OR GIVE A FIREARM TO ANY PERSON,
3 EXCEPT AS PROVIDED IN 18 PA.C.S. § 6115(B).
4 (2) YOU MAY NOT SELL OR TRANSFER THE FIREARM TO ANOTHER
5 PERSON UNLESS THE SALE OR TRANSFER OCCURS AT A LICENSED
6 DEALER OR THE OFFICE OF THE COUNTY SHERIFF. LIMITED TRANSFERS
7 BETWEEN CERTAIN FAMILY MEMBERS ARE PERMISSIBLE. SEE 18
8 PA.C.S. § 6111(C).
9 (3) PENALTIES FOR A CONVICTION ARE A MAXIMUM OF UP TO
10 SEVEN YEARS IMPRISONMENT AND A $15,000 FINE.
11 (4) IN ADDITION, YOU COULD BE HELD CRIMINALLY AND
12 CIVILLY LIABLE FOR ANY CRIME COMMITTED WITH THE FIREARM.
13 § 6111.7. Study by Joint State Government Commission. <--
14 The Joint State Government Commission shall conduct a
15 continuing study for the purpose of evaluating the extent, if
16 any, to which multiple purchases of firearms, as defined in
17 section 6102 (relating to definitions), by any individual during
18 the period of the study are a contributing factor to the use of
19 firearms in criminal activity. Beginning on the effective date
20 of this section and ending three years from the effective date
21 of this section, the Pennsylvania State Police shall provide to
22 the commission such information as is necessary to conduct the
23 study. The commission may contract with such persons as
24 appropriate for the purposes of carrying out the study. The
25 commission shall issue a final report on the study within three
26 years and six months after the effective date of this section.
27 The commission may issue interim reports as it deems
28 appropriate. No identifying information obtained by the
29 commission may be publicly released by the commission or any
30 other person in the reports or in any other manner. The
20070H1744B2806 - 4 -


1 commission shall make information which it compiles on multiple
2 firearms purchases available to the Office of Attorney General
3 for law enforcement purposes. The Office of Attorney General or
4 any other law enforcement agency which receives such information
5 shall treat the information as intelligence information subject
6 to the provisions of Chapter 91 (relating to criminal history
7 record information).
8 § 6111.7. STUDY BY JOINT STATE GOVERNMENT COMMISSION. <--
9 (A) STUDY.--THE JOINT STATE GOVERNMENT COMMISSION SHALL
10 CONDUCT A CONTINUING STUDY FOR THE PURPOSE OF EVALUATING:
11 (1) THE EXTENT, IF ANY, TO WHICH MULTIPLE PURCHASES OF
12 FIREARMS, AS DEFINED IN SECTION 6102 (RELATING TO
13 DEFINITIONS), WITHIN A 30-DAY PERIOD BY ANY INDIVIDUAL DURING
14 THE PERIOD OF THE STUDY ARE A CONTRIBUTING FACTOR TO THE USE
15 OF FIREARMS IN CRIMINAL ACTIVITY;
16 (2) THE NUMBER OF ARRESTS FOR VIOLATIONS OF CHAPTER 61
17 (RELATING TO FIREARMS AND OTHER DANGEROUS ARTICLES) DURING
18 THE PERIOD OF THE STUDY AND FOR THREE YEARS PRECEDING THE
19 PERIOD OF THE STUDY; AND
20 (3) THE NUMBER OF CONVICTIONS FOR VIOLATIONS OF CHAPTER
21 61 DURING THE PERIOD OF THE STUDY AND FOR THREE YEARS
22 PRECEDING THE PERIOD OF THE STUDY.
23 (B) COOPERATION OF OTHER AGENCIES.--BEGINNING ON THE
24 EFFECTIVE DATE OF THIS SECTION AND ENDING THREE YEARS FROM THE
25 EFFECTIVE DATE OF THIS SECTION, THE PENNSYLVANIA STATE POLICE
26 SHALL PROVIDE TO THE COMMISSION SUCH INFORMATION AS IS NECESSARY
27 TO CONDUCT THE STUDY. THE COMMISSION MAY CONTRACT WITH SUCH
28 PERSONS AS APPROPRIATE FOR THE PURPOSES OF CARRYING OUT THE
29 STUDY.
30 (C) PROVISION OF DATA.--NOTWITHSTANDING THE PROVISIONS OF
20070H1744B2806 - 5 -


1 SECTIONS 6111(I) (RELATING TO SALE OR TRANSFER OF FIREARMS),
2 6111.4 (RELATING TO REGISTRATION OF FIREARMS) AND 9121(B)(1)
3 (RELATING TO GENERAL REGULATIONS), FOR THE LIMITED PURPOSES AND
4 DURING THE LIMITED PERIOD OF THIS STUDY, THE PENNSYLVANIA STATE
5 POLICE SHALL BE AUTHORIZED TO PROVIDE RECORDS CONCERNING
6 MULTIPLE PURCHASES OF FIREARMS WITHIN A 30-DAY PERIOD AND
7 CRIMINAL HISTORY RECORD INFORMATION WITHOUT FEE TO THE JOINT
8 STATE GOVERNMENT COMMISSION.
9 (D) REPORT.--THE COMMISSION SHALL ISSUE A FINAL REPORT ON
10 THE STUDY WITHIN THREE YEARS AND SIX MONTHS AFTER THE EFFECTIVE
11 DATE OF THIS SECTION. THE COMMISSION MAY ISSUE INTERIM REPORTS
12 AS IT DEEMS APPROPRIATE.
13 (E) USE OF INFORMATION.--NO IDENTIFYING INFORMATION OBTAINED
14 BY THE COMMISSION MAY BE PUBLICLY RELEASED BY THE COMMISSION OR
15 ANY OTHER PERSON IN THE REPORTS OR IN ANY OTHER MANNER. THE
16 COMMISSION SHALL MAKE INFORMATION WHICH IT COMPILES ON MULTIPLE
17 FIREARMS PURCHASES AVAILABLE TO THE OFFICE OF ATTORNEY GENERAL
18 FOR LAW ENFORCEMENT PURPOSES. THE OFFICE OF ATTORNEY GENERAL OR
19 ANY OTHER LAW ENFORCEMENT AGENCY WHICH RECEIVES SUCH INFORMATION
20 SHALL TREAT THE INFORMATION AS INTELLIGENCE INFORMATION SUBJECT
21 TO THE PROVISIONS OF CHAPTER 91 (RELATING TO CRIMINAL HISTORY
22 RECORD INFORMATION).
23 SECTION 3. SECTION 6125 OF TITLE 18 IS AMENDED TO READ:
24 § 6125. DISTRIBUTION OF UNIFORM FIREARM LAWS [AND], FIREARM
25 SAFETY BROCHURES AND NOTICES.
26 [IT SHALL BE THE DUTY OF THE] (A) BROCHURES.--THE
27 PENNSYLVANIA STATE POLICE [BEGINNING JANUARY 1, 1996, TO] SHALL
28 DISTRIBUTE TO EVERY LICENSED FIREARM DEALER IN THIS COMMONWEALTH
29 FIREARMS SAFETY BROCHURES AT NO COST TO THE DEALER. THE
30 BROCHURES SHALL BE WRITTEN BY THE PENNSYLVANIA STATE POLICE,
20070H1744B2806 - 6 -


1 WITH THE COOPERATION OF THE PENNSYLVANIA GAME COMMISSION, AND
2 SHALL INCLUDE A SUMMARY OF THE MAJOR PROVISIONS OF THIS
3 SUBCHAPTER, INCLUDING, BUT NOT LIMITED TO, THE DUTIES OF THE
4 SELLERS AND PURCHASERS AND THE TRANSFEREES OF FIREARMS. THE
5 BROCHURE OR A COPY THEREOF SHALL BE PROVIDED WITHOUT CHARGE TO
6 EACH PURCHASER.
7 (B) NOTICES.--THE PENNSYLVANIA STATE POLICE SHALL DISTRIBUTE
8 TO EVERY LICENSED FIREARM DEALER IN THIS COMMONWEALTH NOTICES OF
9 LIMITS PURSUANT TO SECTION 6111.6 (RELATING TO NOTICE OF LIMITS
10 ON LENDING OR TRANSFERRING A FIREARM) AT NO COST TO THE DEALER.
11 THE NOTICES OR A COPY THEREOF SHALL BE PROVIDED WITHOUT CHARGE
12 TO EACH PURCHASER.
13 SECTION 4. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
14 § 6127 6128. Office of Attorney General. <--
15 (a) Authority.--In addition to the authority conferred upon <--
16 the Attorney General by the act of October 15, 1980 (P.L.950,
17 No.164), known as the Commonwealth Attorneys Act, the Attorney
18 General shall have the authority to investigate and to institute
19 criminal proceedings for any violation of this chapter. No
20 person charged with a violation of this chapter by the Attorney
21 General shall have standing to challenge the authority of the
22 Attorney General to investigate or prosecute the case, and, if
23 any such challenge is made, the challenge shall be dismissed and
24 no relief shall be available in the courts of this Commonwealth
25 to the person making the challenge.
26 (b) Record examination.--The Attorney General may inspect or
27 examine the inventory and records of a licensed importer,
28 licensed manufacturer or licensed dealer without reasonable
29 cause or warrant:
30 (1) in the course of a reasonable inquiry during the
20070H1744B2806 - 7 -

[WhiteFeather]

NOTE ARROW SECTIONS

1 course of a criminal investigation of a person or persons
2 other than the licensee;
3 (2) for ensuring compliance with the recordkeeping
4 requirements of this chapter:
5 (i) not more than once during any 12-month period;
6 or
7 (ii) at any time with respect to records relating to
8 a firearm involved in a criminal investigation that is
9 traced to the licensee; or
10 (3) when such inspection or examination may be required
11 for determining the disposition of one or more particular
12 firearms in the course of a bona fide criminal investigation.
13 (c) Authority of law enforcement officers.--Nothing in this
14 section shall limit or abrogate any existing authority of any
15 law enforcement officer to investigate or arrest for any
16 violation of law, or obtain or execute any search warrant,
17 subpoena or other legal process.
18 THE ATTORNEY GENERAL MAY, IN CONSULTATION WITH A DISTRICT <--
19 ATTORNEY, ESTABLISH A JOINT LOCAL-STATE FIREARM TASK FORCE TO
20 ADDRESS ALLEGED VIOLATIONS UNDER THIS CHAPTER. THE JURISDICTION
21 OF THE ATTORNEY GENERAL SHALL BE AS SET FORTH IN THE ACT OF
22 OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
23 ATTORNEYS ACT.
24 SECTION 5. TITLE 44 IS AMENDED BY ADDING A PART TO READ:
25 PART III
26 PROGRAMS
27 CHAPTER
28 31. FIREARM SAFETY EDUCATION PROGRAM.
29 CHAPTER 31
30 FIREARM SAFETY EDUCATION PROGRAM
20070H1744B2806 - 8 -


--------------------------------------------------------------------------------

1 SEC.
2 3101. SCOPE OF CHAPTER.
3 3102. LEGISLATIVE FINDINGS AND DECLARATION.
4 3103. DEFINITIONS.
5 3104. FIREARM SAFETY EDUCATION PROGRAM.
6 3105. POWERS AND DUTIES OF ATTORNEY GENERAL.
7 3106. FIREARM SAFETY EDUCATION FUND.
8 3107. TRANSFER FOR INITIAL FUNDING.
9 § 3101. SCOPE OF CHAPTER.
10 THIS CHAPTER PROVIDES FOR THE ESTABLISHMENT OF THE FIREARM
11 SAFETY EDUCATION PROGRAM IN THE OFFICE OF ATTORNEY GENERAL.
12 § 3102. LEGISLATIVE FINDINGS AND DECLARATION.
13 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
14 (1) THE MOST PRECIOUS AND VALUABLE ASSET OF OUR STATE
15 AND NATION IS OUR CHILDREN, AND WE MUST DEDICATE OURSELVES,
16 OUR ENERGY AND OUR RESOURCES TO THE NURTURING AND PROTECTION
17 OF THESE MOST VULNERABLE INDIVIDUALS.
18 (2) TEACHING CHILDREN TO ACT SAFELY AROUND FIREARMS IS A
19 CRITICAL EFFORT TO REDUCE THE NUMBER OF FIREARM-RELATED
20 ACCIDENTS AMONG CHILDREN.
21 (3) COMMITTED TO KEEPING CHILDREN SAFE FROM GUNS, THE
22 NATIONAL RIFLE ASSOCIATION CREATED THE EDDIE EAGLE GUNSAFE
23 PROGRAM, DESIGNED TO TEACH THE FUNDAMENTALS OF FIREARM SAFETY
24 TO CHILDREN IN AN EFFECTIVE AND ENJOYABLE WAY, COMMUNICATING
25 TO THEM THE LIFESAVING MESSAGE OFFERED BY THE PROGRAM: "IF
26 YOU SEE A GUN: STOP! DON'T TOUCH. LEAVE THE AREA. TELL AN
27 ADULT."
28 (4) THE NATIONALLY RECOGNIZED EDDIE EAGLE GUNSAFE
29 PROGRAM HAS BEEN USED BY MORE THAN 25,000 PUBLIC OR PRIVATE
30 SCHOOLS, LAW ENFORCEMENT AGENCIES AND CIVIC ORGANIZATIONS AND
20070H1744B2806 - 9 -


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1 SINCE 1988 HAS REACHED 20 MILLION CHILDREN.
2 (5) THE EDDIE EAGLE GUNSAFE PROGRAM HAS BEEN ENDORSED OR
3 RECOMMENDED BY NUMEROUS GROUPS, SUCH AS THE NATIONAL
4 SHERIFF'S ASSOCIATION, THE DEPARTMENT OF JUSTICE, THE
5 ASSOCIATION OF AMERICAN EDUCATORS, AS WELL AS 23 STATE
6 LEGISLATORS AND 26 STATE GOVERNORS.
7 (6) IT IS THEREFORE IN THE BEST INTERESTS OF THIS
8 COMMONWEALTH TO ESTABLISH A FIREARM SAFETY EDUCATION PROGRAM
9 WITHIN THE OFFICE OF ATTORNEY GENERAL TO PROVIDE RESOURCES
10 AND DIRECT GRANT MONEY TO SCHOOLS TO OFFER FIREARM SAFETY
11 EDUCATION PROGRAMS SUCH AS THE EDDIE EAGLE GUNSAFE PROGRAM.
12 § 3103. DEFINITIONS.
13 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
14 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
15 CONTEXT CLEARLY INDICATES OTHERWISE:
16 "FIREARM SAFETY EDUCATION." AN EDUCATIONAL PROGRAM DESIGNED
17 TO TEACH THE FUNDAMENTALS OF FIREARM SAFETY TO CHILDREN. THE
18 TERM SHALL INCLUDE THE EDDIE EAGLE GUNSAFE PROGRAM CREATED BY
19 THE NATIONAL RIFLE ASSOCIATION AND ANY OTHER EDUCATIONAL PROGRAM
20 APPROVED BY THE OFFICE OF ATTORNEY GENERAL.
21 "FUND." THE FIREARM SAFETY EDUCATION FUND ESTABLISHED IN
22 SECTION 3106 (RELATING TO FIREARM SAFETY EDUCATION FUND).
23 "PROGRAM." THE FIREARM SAFETY EDUCATION PROGRAM ESTABLISHED
24 IN SECTION 3104 (RELATING TO FIREARM SAFETY EDUCATION PROGRAM).
25 § 3104. FIREARM SAFETY EDUCATION PROGRAM.
26 (A) PURPOSE.--THE FIREARM SAFETY EDUCATION PROGRAM IS
27 ESTABLISHED AND SHALL PROVIDE GRANTS TO SCHOOLS TO UNDERWRITE
28 THE COST OF IMPLEMENTING FIREARM SAFETY EDUCATION.
29 (B) APPLICATION.--ANY PUBLIC, PRIVATE OR PAROCHIAL SCHOOL
30 WHICH OFFERS INSTRUCTION ON ANY LEVEL FROM KINDERGARTEN THROUGH
20070H1744B2806 - 10 -


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1 ELEMENTARY SCHOOL IN THIS COMMONWEALTH MAY MAKE APPLICATION FOR
2 A GRANT UNDER THIS PROGRAM.
3 (C) PRIORITY OF GRANTS.--GRANTS SHALL BE PRIORITIZED BASED
4 ON:
5 (1) THE INCIDENCE OF FIREARM ACCIDENTS AND FIREARM
6 VIOLENCE IN A COUNTY WITHIN THIS COMMONWEALTH WHERE A SCHOOL
7 IS LOCATED.
8 (2) DEMONSTRATION OF CURRENT SUCCESSFUL PARTICIPATION IN
9 FIREARM SAFETY EDUCATION.
10 (D) DUTY TO SEEK OTHER SOURCES OF FUNDING.--A SCHOOL SHALL
11 SEEK ALL AVAILABLE FUNDING, INCLUDING FEDERAL FUNDING OR FUNDING
12 AVAILABLE FROM NONPROFIT CORPORATIONS, AND SHALL SEEK TO ENGAGE
13 PRO BONO SERVICES FROM INDIVIDUALS AND OTHER ENTITIES TO CARRY
14 OUT FIREARM SAFETY EDUCATION.
15 (E) LIMITATION.--NO SCHOOL SHALL BE ELIGIBLE TO RECEIVE MORE
16 THAN 5% OF THE MONEYS DISPENSED FROM THE FUND IN ANY YEAR.
17 § 3105. POWERS AND DUTIES OF ATTORNEY GENERAL.
18 IN ADDITION TO ANY OTHER POWERS AND DUTIES, THE ATTORNEY
19 GENERAL OF THE COMMONWEALTH SHALL:
20 (1) ESTABLISH A GRANT PROGRAM TO PROVIDE MONEYS FROM THE
21 FUND PURSUANT TO SECTION 3104 (RELATING TO FIREARM SAFETY
22 EDUCATION PROGRAM).
23 (2) PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE
24 PROVISIONS OF THIS CHAPTER.
25 § 3106. FIREARM SAFETY EDUCATION FUND.
26 THE FIREARM SAFETY EDUCATION FUND IS HEREBY ESTABLISHED IN
27 THE STATE TREASURY AS A RESTRICTED ACCOUNT. THE FUND SHALL
28 CONSIST OF FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY. ALL
29 MONEYS IN THE FUND AND THE INTEREST ACCRUING THEREON ARE HEREBY
30 APPROPRIATED TO THE OFFICE OF ATTORNEY GENERAL ON A CONTINUING
20070H1744B2806 - 11 -


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1 BASIS TO CARRY OUT THE PROVISIONS OF THIS CHAPTER.
2 § 3107. TRANSFER FOR INITIAL FUNDING.
3 THE SUM OF $100,000 IS HEREBY TRANSFERRED FROM THE GENERAL
4 FUND TO THE FIREARM SAFETY EDUCATION FUND FOR THE FISCAL YEAR
5 JULY 1, 2007, TO JUNE 30, 2008, TO CARRY OUT THE PROVISIONS OF
6 THIS CHAPTER.
7 Section 3 6. The sum of $300,000 is hereby appropriated to <--
8 the Joint State Government Commission for the purposes of
9 conducting the study provided for in 18 Pa.C.S. § 6111.7.
10 SECTION 7. THE SUM OF $50,000 IS HEREBY APPROPRIATED TO THE <--
11 PENNSYLVANIA STATE POLICE FOR THE PURPOSES OF PROVIDING
12 INFORMATION PURSUANT TO 18 PA.C.S. § 6111.7(B) AND (C).
13 SECTION 8. THE AMOUNT OF $3,000,000 IS HEREBY APPROPRIATED
14 FROM THE GENERAL FUND TO THE OFFICE OF ATTORNEY GENERAL FOR THE
15 OPERATION OF JOINT LOCAL-STATE FIREARM TASK FORCES.
16 Section 4. 9. THE PROVISIONS OF 18 Pa.C.S. § 6127 shall <--
17 expire three years after the effective date of this act SECTION. <--
18 Section 5 10. This act shall take effect in six months. <--

[D-FENS]

It's not my best work but I felt I had to get something out. I sent this to Frankel and Bennington

Hi, It's my understanding that HB1744 is coming up for vote on the 14th. I would like to express my opposition to this bill. First, it's my feeling that forcing gun dealers to explain PA Firearm Law is in violation of the First Amendment and their Right to Free Speech. Secondly, why wouldn't car salesmen be forced to explain the Motor Vehicle Code? I feel that to enforce this law would devastating on stores and shops that sell or build firearms and also set dangerous precedent. It's my feeling that just like buying a car, though not a Constitutional Right, this is up to the buyer to know and understand the law. The nature of our system requires all citizens beware of the law, why would firearm law be an exemption to this if not as a reason to harass the sellers of firearms? Finally, I don't feel this is going to be cost effective and I don't feel it's right to turn firearm sellers into lawyers. It only serves to burden them in an already tough market competing against Internet sales. Thank you

EDIT: Looks like Frankel is one of the assholes that wrote this thing. I wish my letter was filling with a bit more ball-breaking

[armabill]

I sent emails to my reps against the legislation.

[Brick]

Looks like we might have a little more time to fight this in committee, but this time the Appropriations Committee, where the bill was sent on Nov. 1.

Here are the results of the JUDICIARY COMMITTEE's vote on HB 1744

AYES: 25
NAYS: 3
NV: 1

That means that the Republicans on the Committee voted in favor also. The Nay votes were: Democrats J. White & J. Petrarca and Republican Gabig.

I would bet dollars to Donuts that White voted against because the virulenly anti-gun parts were worked out of this bill to make it only mildly anti.