Just to get everyone angry! Here's HB 2574!

[Brick]

Adding an entire new section to UFA regulating the storage of firearms. Take note as you read this:

The co-sponsors appear to be a list of the usual suspects, I'm surprised Caltigirone's name isn't here.

The penalty for a misdemeanor 3 is a 1 year maximum confinement, is that a disqualifier under Federal law?

First offense is a summary offense. But, fingerprinting is required upon conviction for this offense. Supposedly so they can track if the offender has previous convictions under this section. Right! And they fingerprint you for speeding or running a stop sign too!

Even though there's language here that "protects" one from a minor that illegally gains access to your guns, it's weak and appears subject to official abuse. I'm not sure how a minor invited into your home by yourself or another resident, but, in an "unauthorized" part of the house (like your bedroom) would be treated. e.g. Your son invites a pal home and while you're working in the garage they "snoop" in your desk, den or bedroom closet.

Felony for firearm being used in the commission of a crime or used in
any event that results in death or grievous injury.

PRINTER'S NO. 3898
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL No. 2574 Session of 010

INTRODUCED BY BRIGGS, D. EVANS, PARKER, BISHOP, BROWN, DePASQUALE, GERBER, WHEATLEY, JOHNSON, JOSEPHS, W. KELLER, LEVDANSKY, McILVAINE SMITH, MURT, PAYTON, ROEBUCK, SABATINA, SANTARSIERO, SCAVELLO, SHAPIRO, R. TAYLOR, VITALI AND YOUNGBLOOD, JUNE 14, 2010

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 14, 2010

AN ACT

1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of access to
3 firearms by minors; and imposing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:

8 § 6302.1. Access to firearms by minors.
9 (a) Storage requirements.--
10 (1) A person who stores or leaves a firearm on premises
11 under his control and who knows or reasonably should know
12 that a minor is likely to gain access to the firearm without
13 the lawful permission of the minor's parent or the person
14 having charge of the minor shall keep the firearm in a
15 securely locked box or container or in a location which a
16 reasonable person would believe to be secure.
17 (2) This subsection does not apply if the minor obtains

1 a firearm as a result of an unlawful entry by any person.
2 (b) Grading.--
3 (1) A violation of subsection (a) that results in a
4 minor in possession of the firearm constitutes a:
5 (i) Summary offense with no term of imprisonment
6 when the offense is a first offense.
7 (ii) Misdemeanor of the third degree when the
8 offense is a second or subsequent offense.
9 (2) A violation of subsection (a) that results in the
10 firearm being used in the commission of a crime or used in
11 any event that results in death or grievous injury
12 constitutes a felony of the third degree.
13 (c) Defense.--It shall be a defense to a prosecution under
14 this section if any of the following apply:
15 (1) The firearm is stored or left in a securely locked
16 box or container or in a location which a person would
17 reasonably believe to be secure.
18 (2) The minor obtains the firearm as a result of an
19 unlawful entry by any person.
20 (3) The minor's possession of a firearm is incidental to
21 the performance of official duties of the United States Armed
22 Forces, the Pennsylvania National Guard or the personnel of
23 any Federal, State or local law enforcement agency.
24 (4) The minor's possession of a firearm is under adult
25 supervision while engaged in hunting, sporting or other
26 lawful purposes.
27 (5) The firearm is carried on the body of the owner or
28 is within such close proximity to the body that the owner can
29 retrieve and use as easily and quickly as if the owner
30 carried it on his body.
20100HB2574PN3898
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1 (d) Notice by retailer.--
2 (1) Any person who offers for sale at retail any firearm
3 shall post in a conspicuous place the following notice:
4 It is unlawful to store or leave a firearm in any place
5 within the reach or easy access of a minor. Should a
6 minor be found in possession of a firearm, the owner may
7 be charged with a summary offense when the offense is a
8 first offense and a misdemeanor of the third degree when
9 the offense is a second or subsequent offense. Should the
10 firearm be used in the commission of a crime or used in
11 any event that results in death or grievous injury, the
12 owner may be charged with a felony of the third degree.
13 (2) A violation of this section constitutes a
14 misdemeanor of the third degree.
15 (e) Fingerprinting.--Prior to the commencement of trial or
16 entry of a plea of a defendant of the summary offense, the
17 issuing authority shall order the defendant to submit within
18 five days of such order for fingerprinting by the municipal
19 police of the jurisdiction in which the offense allegedly was
20 committed or the Pennsylvania State Police. Fingerprints shall
21 be forwarded immediately to the Pennsylvania State Police for
22 determination as to whether or not the defendant previously has
23 been convicted of a violation of subsection (a). The results of
24 the determination shall be transmitted to the police department
25 obtaining the fingerprints if the department is the prosecutor
26 or to the issuing authority if the prosecutor is other than a
27 police officer. The issuing authority shall not proceed with the
28 trial or plea in summary until the issuing authority is in
29 receipt of the determination made by the Pennsylvania State
30 Police. The magisterial district judge shall use the information

20100HB2574PN3898
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1 obtained solely for the purpose of grading the offense under
2 subsection (b).
3 Section 2. This act shall take effect in 60 days.

20100HB2574PN3898
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[WhiteFeather]

There was a similar bill like this introduced this last session, that we made sure didn't go anywhere.


It would be just as easy to use the existing Youth Handgun Safety Act notice in Gun Control act of 1968 Chapter 44, 18 U.S.C 922(x) & 924(a)(6)

That right lets, just add more levels of gun control laws, instead of using existing laws that we won't aggressively prosecute anyway so what's the point?

anyone say Selective Enforcement...

[wa3ra]

Hello, hello, Department of Redundancy Department!

[WhiteFeather]

I don’t believe that the language from HB 2574 below exempts cops at home:

(3) The minor's possession of a firearm is incidental to the performance of official duties of the United States Armed Forces, the Pennsylvania National Guard or the personnel of any Federal, State or local law enforcement agency.

This should be interesting!



One of my favorite Rep Levdansky the so called sportsmen pal is on another anti-gun bill again too!

As posted in Youth Handgun Safety Act notice .... It's already illegal under feral federal law to teach a juvenile how to shoot without the written consent of parent of guardian.