Mandatory Sentence for carrying without LTCF

[Brick]

PRINTER'S NO. 1579


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THE GENERAL ASSEMBLY OF PENNSYLVANIA

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SENATE BILL
No. 1171 Session of 2007


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INTRODUCED BY FUMO, TARTAGLIONE, STACK, KITCHEN, A. WILLIAMS,
HUGHES AND WASHINGTON, NOVEMBER 27, 2007


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REFERRED TO JUDICIARY, NOVEMBER 27, 2007


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AN ACT

1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the offense of
3 carrying a firearm without a license.

4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6106(a) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6106. Firearms not to be carried without a license.
9 (a) Offense defined.--
10 (1) Except as provided in paragraph (2), any person who
11 carries a firearm in any vehicle or any person who carries a
12 firearm concealed on or about his person, except in his place
13 of abode or fixed place of business, without a valid and
14 lawfully issued license under this chapter commits a felony
15 of the third degree[.]and shall, upon conviction, serve a
16 mandatory minimum one-year sentence.
17 (2) A person who is otherwise eligible to possess a
18 valid license under this chapter but carries a firearm in any


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1 vehicle or any person who carries a firearm concealed on or
2 about his person, except in his place of abode or fixed place
3 of business, without a valid and lawfully issued license and
4 has not committed any other criminal violation commits a
5 misdemeanor of the first degree[.]and shall, upon conviction,
6 serve a mandatory minimum one-year sentence.
7 * * *
8 Section 2. This act shall take effect in 60 days.

[djturnz]

So what is the current sentencing on this? I think the second part is already how it is, isn't it?

[reverserboy]

If the person is not otherwise a criminal OR is not a disqualified person for a violent crime committed in the last 10 years OR is not on parole.....I would not support this.

It would be too easy to toss someone in jail for a minor screw up who is not a criminal or a dangerous person.

[ChamberedRound]

There's already penalties for CC without an LTCF, so I do not support this. There have been discussions on the site (I can't find them now, so try the Search) which talked about what happened if one carried and honestly forgot their LTCF, even if they still held one. This law would blindly penalize those who are not criminals by not allowing the LEOs on the scene to use their own common-sense to assess a situation.

To put it in context, if a legislator were to propose a law that imprisoned everyone who drove a car without their driver's license, people would go nuts claiming that such measures are too draconian. Everyone makes mistakes, that doesn't make us all criminals.

[Agent Smith]

There's already penalties for CC without an LTCF, so I do not support this. There have been discussions on the site (I can't find them now, so try the Search) which talked about what happened if one carried and honestly forgot their LTCF, even if they still held one. This law would blindly penalize those who are not criminals by not allowing the LEOs on the scene to use their own common-sense to assess a situation.

To put it in context, if a legislator were to propose a law that imprisoned everyone who drove a car without their driver's license, people would go nuts claiming that such measures are too draconian. Everyone makes mistakes, that doesn't make us all criminals.

+1

This is just another attempt to further criminalize law-abiding gun owners.

[Murf_The_Surf]

The people who push these laws argue they are only targeting criminals; they don't want to hurt or inconvenience law abiding, decent citizens and gun owners.

If they are sincere, why don't they propose something like this:

Treat a license to carry much like Ohio treats a vehicle inspection sticker. In Ohio, they "spot check" cars in lieu of mandatory inspections. If you encounter a spot check point, you must allow your car to be safety checked on the spot UNLESS you have voluntarily had you vehicle inspected and obtained an inspection sticker. If you have a sticker, you are not detained. If you don't have a sticker, you are detained. However, once it's determined you vehicle passes, you are free to go.

Likewise, if an LEO discovers you have a gun and you have an LTCF, you are not detained. If you are discovered with a gun, but have no LTCF, you can be detained until an instant check is run to determine if you are eligible to have firearms. If you would otherwise pass an instant check that would enable you to purchase a firearm, you are immediately FREE TO GO.

If you turn out to be a violent felon, it's off to jail. At this point, and at this point only, are you subject to any penalties.

If the antis are truly sincere, they should have no qualms about removing penalties for unlicensed concealed carry for anyone with a clean record, in exchange for mandatory minimum sentences for true criminals.

SUGGESTION: Call or write these sponsors and ask them to prove they are sincere about only targeting criminals by supporting a more balanced proposal, such as the one just mentioned above; one that removes penalties for law abiding citizens.

Unfortunately, I'm afaid the antis are not sincere. I'm afraid in most cases they ARE targeting any non-government person who owns or carries firearms. If I'm wrong, let them prove their intentions are as pure as the driven snow by supporting the removal of penalties for law abiding citizens.

All of that said, I'm still a hardcore advocate of Vermont Carry, although I don't see that happening until the social conditions causing all the crime and bloodshed in Philadelphia and other cities are addressed and the violence is brought under control.

[markheck1]

The people who push these laws argue they are only targeting criminals; they don't want to hurt or inconvenience law abiding, decent citizens and gun owners.

If they are sincere, why don't they propose something like this:

Treat a license to carry much like Ohio treats a vehicle inspection sticker. In Ohio, they "spot check" cars in lieu of mandatory inspections. If you encounter a spot check point, you must allow your car to be safety checked on the spot UNLESS you have voluntarily had you vehicle inspected and obtained an inspection sticker. If you have a sticker, you are not detained. If you don't have a sticker, you are detained. However, once it's determined you vehicle passes, you are free to go.

Likewise, if an LEO discovers you have a gun and you have an LTCF, you are not detained. If you are discovered with a gun, but have no LTCF, you can be detained until an instant check is run to determine if you are eligible to have firearms. If you would otherwise pass an instant check that would enable you to purchase a firearm, you are immediately FREE TO GO.

If you turn out to be a violent felon, it's off to jail. At this point, and at this point only, are you subject to any penalties.

If the antis are truly sincere, they should have no qualms about removing penalties for unlicensed concealed carry for anyone with a clean record, in exchange for mandatory minimum sentences for true criminals.

SUGGESTION: Call or write these sponsors and ask them to prove they are sincere about only targeting criminals by supporting a more balanced proposal, such as the one just mentioned above; one that removes penalties for law abiding citizens.

Unfortunately, I'm afaid the antis are not sincere. I'm afraid in most cases they ARE targeting any non-government person who owns or carries firearms. If I'm wrong, let them prove their intentions are as pure as the driven snow by supporting the removal of penalties for law abiding citizens.

All of that said, I'm still a hardcore advocate of Vermont Carry, although I don't see that happening until the social conditions causing all the crime and bloodshed in Philadelphia and other cities are addressed and the violence is brought under control.

I don't EVER see that happening, with the 2 big liberal hotbeds on opposite ends of the state

[Murf_The_Surf]

I don't EVER see that happening, with the 2 big liberal hotbeds on opposite ends of the state

The point is to out the antis for the freedom-averse hypocrites they really are.