Lending Firearms HB 537

[Brick]

THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL No. 537
Session of 2011

INTRODUCED BY PETRI, BOBACK, CALTAGIRONE, CUTLER, EVERETT, GROVE, HICKERNELL, HUTCHINSON, KILLION, MURT, RAPP, READSHAW, SCAVELLO, VULAKOVICH AND WATSON, FEBRUARY 8, 2011

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 8, 2011

AN ACT

1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the offense of
3 sale or transfer of firearms and for loans on or lending or
4 giving firearms prohibited.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6111(g)(2) and (h) heading and (1) of
8 Title 18 of the Pennsylvania Consolidated Statutes are amended
9 and subsection (h) is amended by adding a paragraph to read:

Several changes making the law more strict, including a provision for mandatory sentencing as 2nd degree felony.

I strongly suggest you read this at:
http://www.legis.state.pa.us/CFDOCS/...r=0537&pn=0504

[AxiTech]

WOW, Did I read that correctly? I saw no provision for lending a rifle or shotgun, any gun for that matter, for the purposes of hunting. REALLY?

[Brick]

WOW, Did I read that correctly? I saw no provision for lending a rifle or shotgun, any gun for that matter, for the purposes of hunting. REALLY?

Depends on the defintion of FIREARM if used as defined under most sections of UFA it refers to handguns.

My biggest objection is with the exceptions, since only "formal" training seems to be covered. Not "training" as in competitive events or personal instruction as I might give a friend.

[rjmst1]

My biggest objection is with the exceptions, since only "formal" training seems to be covered. Not "training" as in competitive events or personal instruction as I might give a friend.

Really? I don't get that from the language at all.

[ReconLdr]

Was this voted on? Was it passed? Does this cover long arms?

[Azzy]

Not voted on:

http://www.legis.state.pa.us/cfdocs/...type=B&BN=0537

And there should not be an exception for hunting, because it isnt about hunting. Its about control.

[Brick]

Really? I don't get that from the language at all.

INAL, however you are. Here is the section in question.

(3) Nothing in this section shall be construed to
5 prohibit the loaning or giving of a firearm to another:
6 (i) in one's dwelling or place of business if the
7 firearm is retained within the dwelling or place of
8 business[.] ; or
9 (ii) at any place of instruction intended to teach
10 the safe handling, use or maintenance of firearms so long
11 as the person who receives the firearm does not leave the
12 place of instruction with the firearm.

Maybe it's because of a condition of optical-rectalitis (my optic nerve is connected to my asshole and it gives me a shitty outlook on things). But this seems to exclude for example: a) Me loaning a handgun to a friend or guest while we're inspecting my woodlot. I say that because even though we're on my property we're not in my dwelling.

Or b) loaning a handgun to a new shooter at my club's weekend IDPA competition. I say that because, the range isn't necessarily a place of instruction although it might be used so and a competitive event is for putting training to use and proving its' effectiveness.

I hope I'm wrong. But, I intend to express my opposition to this bill to my Representative.

[johnnysquire]

The added training provision is a slight move in the right direction on its face, but I can't help wonder if the exception here is a camel's nose under the tent for tying arms to individuals (a/k/a registration on the way to confiscation). Is it a reaction to some bad facts?

[rjmst1]

INAL, however you are. Here is the section in question.

(3) Nothing in this section shall be construed to
5 prohibit the loaning or giving of a firearm to another:
6 (i) in one's dwelling or place of business if the
7 firearm is retained within the dwelling or place of
8 business[.] ; or
9 (ii) at any place of instruction intended to teach
10 the safe handling, use or maintenance of firearms so long
11 as the person who receives the firearm does not leave the
12 place of instruction with the firearm.

Maybe it's because of a condition of optical-rectalitis (my optic nerve is connected to my asshole and it gives me a shitty outlook on things). But this seems to exclude for example: a) Me loaning a handgun to a friend or guest while we're inspecting my woodlot. I say that because even though we're on my property we're not in my dwelling.

Or b) loaning a handgun to a new shooter at my club's weekend IDPA competition. I say that because, the range isn't necessarily a place of instruction although it might be used so and a competitive event is for putting training to use and proving its' effectiveness.

I hope I'm wrong. But, I intend to express my opposition to this bill to my Representative.

My reading would make either example OK as long as there's some instruction involved. Not sure what a court would consider instruction, though, or what amount of instruction satisfies the instruction requirement. But I haven't researched the legislative intent and if it passes, it would of course be up to a court if someone challenges a conviction under it, a court who might not agree with me.

[LBaker]

The underlined text is an addition to the other exceptions in the statute. I don't see any issues with this. In your woodlot example, if the other person has a LTCF you are ok. I would also argue that it is not a loan if you are present. In the competition example you would be ok as long as it is a NRA sanctioned event. http://reference.pafoa.org/statutes/...ms-prohibited/