Request for my Rep to introduce legislation

[headcase]

ETA~ I had to edit this for length here...

I am writing my Rep to ask he introduce a bill to amend a few ambiguous and unnecessary statutes. Did I miss anything here:

First, let me thank you for your attention to the concerns and requests I have previously brought before you. I have said before, the work you do for us is appreciated.



Secondly, as a firearm owner and carrier, I have made it a priority to read, understand, and know the laws of this Commonwealth, regarding use of force, firearms, and self defense.

I work with a few different organizations, supporting our liberties, providing citizens with direction on where to find laws that affect them, and offering assistance in understanding what those laws actually say. There have been a few statutes that consistently cause a great deal of confusion, when your average layman tries to comprehend them, and apply them to their situations. I have compiled a list of them, with the suggested language corrections, that I would like you to form into a bill, and introduce at the beginning of the new legislative session. They are as follows: (Confusing sections in red, explanation in { }, proposed changes in blue)


18 Pa.C.S. § 908: Prohibited offensive weapons

(b) Exceptions--

(3) This section shall not apply to any person who makes, repairs, sells or otherwise deals in, uses or possesses any firearm for purposes not prohibited by the laws of this Commonwealth. {There is often a great deal of confusion regarding the wording of this exception. It is often misinterpreted as meaning "anyone who lawfully possesses a firearm is then exempt from the penalties of carrying or possessing some other prohibited offensive weapon.} uses, or possesses any firearm or self defense item not prohibited by the laws of this Commonwealth. The lawful carry or possession of any firearm or self defense item does not exempt a person from the penalties associated with the use or possession of any other offensive weapon prohibited by the laws of this Commonwealth.


(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Firearm." Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
"Offensive weapons." Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose. {This is one of the most confusing sections of any of these statutes. It makes stun guns and associated devices "prohibited offensive weapons", but then we have 908.1 which kind of says they are legal to possess for self defense. This needs to be clarified, and I believe my suggestions here will do that.} or other implement for the infliction of serious bodily injury which serves no common lawful purpose.----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

908.1. Use or possession of electric or electronic incapacitation device

(a) Offense defined.--Except as set forth in subsection (b), a person commits an offense if the person does any of the following:

(1) Uses an electric or electronic incapacitation device on another person for an unlawful purpose.

(2) Possesses, with intent to violate paragraph (1), an electric or electronic incapacitation device.

(b) Self defense.--A person may possess and use an electric or electronic incapacitation device in the exercise of reasonable force in defense of the person or the person's property pursuant to Chapter 5 (relating to general principles of justification) if the electric or electronic incapacitation device is labeled with or accompanied by clearly written instructions as to its use and the damages involved in its use. {This part is both unreasonable and prohibitive. These devices are becoming more and more popular as alternatives to carrying such lethal weapons as firearms and knives. Technology is also making these devices safer, smaller, and easier to use. This labeling requirement is both nearly impossible to achieve, and burdensome in so much as having to worry that a label may become illegible or removed.} .<the red wording should simply be deleted>




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18 Pa.C.S. § 912: Possession of weapon on school property
(a) Definition.--Notwithstanding the definition of "weapon" in section 907 (relating to possessing instruments of crime), "weapon" for purposes of this section shall include but not be limited to any knife, cutting instrument, cutting tool, nunchuck stick, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury.

{This wording basically makes any item, including pencils, straws, and myriad other innocuous things, weapons, whether they are used as such, or not.} used to inflict, or used in an attempt to inflict.
(b) Offense defined.--A person commits a misdemeanor of the first degree if he possesses a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school. {This basically makes it unlawful to have a lawful item in a privately owned vehicle, or on public transportation, if anyone using it is going to or from school. This makes thousands of law abiding citizens unwitting criminals on a daily basis, if they drive their children to school, or take a public bus children going to or from school are also using.} in any conveyance provided by, and used solely by, the school to provide


(c) Defense.--It shall be a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose. {This is very poorly worded, and actually makes even a law enforcement officer subject to arrest and having to present a defense. In addition, seeing as statutes such as this are designed not to prevent a crime, but punish unlawful, harmful conduct, the ambiguous ending, "for other lawful purpose", should be clearer. Seeing as there have already been successful defenses to charges under this statute, by law abiding citizens who are licensed to carry firearms, citing the fact that self defense is a, "lawful purpose", the definition should reflect that, to stop unnecessary prosecutions of otherwise law abiding citizens. A statute is not going to stop crazy people, determined to harm our children. Statutes are designed to punish their actions. All too often, this statute is used to punish law abiding citizens who have no intent to do harm.} Exception.--This section shall not apply to any weapon that is possessed and/or used in conjunction with a lawful supervised school activity or course, or is possessed by a law enforcement officer or person licensed under section 6109, or is possessed for any other lawful purpose, so long as the weapon is not used for an unlawful purpose.

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18 Pa.C.S. § 6109: Licenses
(a) Purpose of license.--A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth.

{This wording confuses laymen and law enforcement officers alike. It has also been used numerous times, to intimidate a person lawfully carrying a firearm openly. Also, there are other things a LTCF allows one to do.} A license to carry a firearm shall be for the purpose of allowing the carrying of a firearm concealed on or about one's person, carrying of a firearm in any city of the first class, carrying of a firearm in a declared state of emergency, or carrying of a firearm in a vehicle throughout this Commonwealth.
(b) Place of application.--An individual who is 21 years of age or older may apply to a sheriff for a license to carry a firearm concealed on or about his person or in a vehicle within this Commonwealth. If the applicant is a resident of this Commonwealth, he shall make application with the sheriff of the county in which he resides or, if a resident of a city of the first class, with the chief of police of that city. {Since the application and system are supposed to be uniform throughout the Commonwealth, there is no good reason for this requirement. In practice, local sheriffs and especially the Philadelphia police department, use this requirement to force local residents to comply with extra local requirements not authorized by statute.} An individual who is 21 years of age or older may apply to any sheriff in the Commonwealth, or the chief of police in a city of the first class, for a license to carry a firearm concealed on or about his person or in a vehicle within this Commonwealth.
<snip>
(d) Sheriff to conduct investigation.--The sheriff to whom the application is made shall:
(1) investigate the applicant's record of criminal conviction;
(2) investigate whether or not the applicant is under indictment for or has ever been convicted of a crime punishable by imprisonment exceeding one year;
(3) investigate whether the applicant's character and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety; {The character and reputation clause is one of the most abused loopholes used to deny, otherwise eligible citizens, a License to Carry Firearms. It is often used to deny citizens who have no convictions, because of an arrest. Philadelphia has even been known to often deny applicants because of parking tickets, under this clause. It is the basis for people using the so called, "Florida loophole". The potential for, and actual, abuse of this wording, far outweighs any weak argument to have this discretion granted the sheriffs. This is a shall issue state, and the other components of the application process provide more than enough investigation detail to make a determination of ineligibility.} (3)DELETED
(4) investigate whether the applicant would be precluded from receiving a license under subsection (e)(1) or section 6105(h) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms); and
(5) conduct a criminal background, juvenile delinquency and mental health check following the procedures set forth in section 6111 (relating to sale or transfer of firearms), receive a unique approval number for that inquiry and record the date and number on the application.


(e) Issuance of license.--
(1) A license to carry a firearm shall be for the purpose of carryingallow the carrying of a firearm concealed on or about one's person or in a vehicle and shall be issued if, after an investigation not to exceed 45 days{This is another poorly worded section, that is widely interpreted} after an investigation not to exceed 45 calendar days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license. A license shall not be issued to any of the following:
(i) An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety. (i)Deleted (ii) An individual who has been convicted of an offense under the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act. [FN1]
(<snip>(h) Fee.--
(1) In addition to fees described in paragraphs (2)(ii) and (3), the fee for a license to carry a firearm is $19. This includes all of the following:
(i) A renewal notice processing fee of $1.50.
(ii) An administrative fee of $5 under section 14(2) of the act of July 6, 1984 (P.L. 614, No. 127), [FN2] known as the Sheriff Fee Act.
(2) (i) The Pennsylvania Commission on Crime and Delinquency shall implement, within five years of the effective date of this paragraph, a system in conjunction with the Pennsylvania State Police and the Pennsylvania Sheriffs' Association to standardize and modernize the process of issuing licenses to carry firearms. Upon implementation of the system under this paragraph, the Pennsylvania Commission on Crime and Delinquency shall publish notice thereof in the Pennsylvania Bulletin.
(ii) An additional temporary fee of $5 shall be remitted by the sheriff to the Firearms License to Carry Modernization Account, which is hereby established as a special restricted receipt account within the General Fund of the State Treasury. Moneys and investment income in the account shall be awarded as grants to sheriffs to implement the system, including grants to reimburse sheriffs for expenses incurred prior to the effective date of this paragraph.
(iii) Moneys credited to the account and any investment income accrued are hereby appropriated on a continuing basis to the Pennsylvania Commission on Crime and Delinquency. The commission shall establish procedures related to the application process for and distribution of funds to sheriffs under this paragraph. Notwithstanding the provisions of subparagraph (ii), the commission may withhold annually an amount not exceeding 5% of the funds credited to the account in that fiscal year for the cost to implement the system under subparagraph (i) and for administrative costs directly related to the responsibilities of the commission under this paragraph.
(iv) This paragraph shall expire five years after its effective date. Any surplus funds remaining in the account established in subparagraph (ii) at such time shall lapse into the General Fund.
(3) An additional fee of $1 shall be paid by the applicant for a license to carry a firearm and shall be remitted by the sheriff to the Firearms License Validation System Account, which is hereby established as a special restricted receipt account within the General Fund of the State Treasury. The account shall be used for purposes under subsection (l). Moneys credited to the account and any investment income accrued are hereby appropriated on a continuing basis to the Pennsylvania State Police.
(4) No fee other than that provided by this subsection or the Sheriff Fee Act may be assessed by the sheriff for the performance of any background check made pursuant to this act.
(5) The fee is payable to the sheriff to whom the application is submitted and is payable at the time of application for the license.
(6) Except for the administrative fee of $5 under section 14(2) of the Sheriff Fee Act, all other fees shall be refunded if the application is denied but shall not be refunded if a license is issued and subsequently revoked.
(7) A person who sells or attempts to sell a license to carry a firearm for a fee in excess of the amounts fixed under this subsection commits a summary offense. {This item is of the utmost importance, in light of the massive and widespread violation of this subsection, by almost every county sheriff. Many charge from $1 to over $25 more than allowed by statute, claiming extra expenses or offering a "drivers style type" license for a premium fee. When confronted about the practice being illegal, most have blown it off. This statute needs to be given teeth, to force sheriffs to comply with the law or face actual consequences.} (7) A person who sells or attempts to sell a license to carry a firearm for a fee in excess of the amounts fixed under this subsection commits a misdemeanor of the second degree.
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[USMCRich82]

It's too early in the morning to say if you missed anything or not, but this is an awesome draft!

Grammatical error in the last section:

$1 to over $25 more that allowed by statute

Should be "than"?

[headcase]

It's too early in the morning to say if you missed anything or not, but this is an awesome draft!

Grammatical error in the last section:



Should be "than"?

Fixed, thanks.

[CHEMICAL]

sweet. lets hope they take some of your suggestions. I would especially like to see the "other lawful purpose" mess cleaned up.

[LisaA]

WOW, headcase, that is impressive! Your proposals and explanations are excellent. Often, I have had to reread those statues to make sense out of them.

[kadar]

(7) A person who sells or attempts to sell a license to carry a firearm for a fee in excess of the amounts fixed under this subsection commits a misdemeanor of the second degree. A second or subsequent violation of this section shall be a felony of the second degree and shall be punishable by a mandatory minimum sentence of imprisonment of five years.

My addition in green.

One can dream, can't they?

[headcase]

My addition in green.

One can dream, can't they?

Yeah, lol. I thought I was reaching with the M2...

[kadar]

I don't see it as reaching.
The Sheriff has to follow the procedures in 6111 when they process a LTCF under 6109. Why shouldn't the penalties follow the procedure, is my thinking and to me, that looks like what you were thinking.

[headcase]

I intend to email this, followed up with a snail mail copy, and a likely office visit after the holiday. Anyone else care to chime in before I print it off?

[markheck1]

Section e Part 1
Issuance of license....
I don't get the repetition of purpose here.
I believe it should read

A license to carry a firearm shall be issued if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license. A license shall not be issued to any of the following: yada yada yada

ETA Also if we're rewriting the Purpose clause...would it not make sense to enumerate the carrying in a city of the first class and in a state of emergency as well?

Purpose of license.--A license to carry a firearm shall be for the purpose of allowing the carrying of a firearm concealed on or about one's person, carrying of a firearm in any city of the first class, carrying of a firearm in a declared state of emergency, or carrying of a firearm in a vehicle throughout this Commonwealth.

I know it's longer, but it reads worse if you just say carrying and list the rest...IE carrying on or about, in a city, SOE, or in a Vehicle...