More anti-gun bills introduced in PA senate

[WhiteFeather]

It just keep getting better..........or worse for honest gun owners in PA.

Please take the time to read the whole bills and especially SB 1213 as it effects all first class cities like Philly and Pittsburgh

SB 1213 Tartaglione (D)
http://www.legis.state.pa.us/cfdocs/...type=B&BN=1213

(PN 1642) Amends Title 18 (Crimes and Offenses) further providing for
mandatory registration of firearms in cities of the first class
(Philadelphia). The bill provides for contents of the registration
form,
confidentiality of information and exemptions for firearms manufactured
before 1898, any firearm with a matchlock, flintlock or percussion cap
type
of ignition system, or certain replicas. No fee may be charged for the
registration. In all cases where a firearm is acquired from another
person,
the person who is transferring title to the firearm must submit to the
Pennsylvania State Police, within 48 hours after transferring the
firearm,
certain information regarding the receiver and the firearm. A
transferee
must register pursuant to this bill. The bill provides for penalties.

Dec 10, 2007 - S-Introduced and referred to Judiciary




SB 1215 Kitchen (D)
http://www.legis.state.pa.us/cfdocs/...type=B&BN=1215

(PN 1644) Amends Title 18 (Crimes and Offenses) further providing for
sale
or transfer of firearms and for penalties by adding that any person,
licensed importer, licensed dealer or licensed manufacturer who
knowingly
and intentionally sells, delivers or transfers a firearm in violation
of
this chapter would be criminally liable for any crime or attempted
crime in
which the firearm is used. Additionally, any person, licensed importer,
licensed manufacturer or licensed dealer who knowingly and
intentionally
sells or delivers a firearm in violation of this chapter would be
liable in
the amount of the civil judgment for injuries suffered by any person
who is
injured during any crime or attempted crime in which the firearm is
used.

Dec 10, 2007 - S-Introduced and referred to Judiciary



SB 1216 Kitchen (D)
http://www.legis.state.pa.us/cfdocs/...type=B&BN=1216

(PN 1645) Amends Title 18 (Crimes and Offenses) further providing for
corrupt organizations by adding that "racketeering activity" includes
knowingly and intentionally selling, delivering or transferring a
firearm,
as defined in section 6102 (relating to definitions), to any person,
purchaser or transferee who is unqualified or ineligible to control,
possess
or use a firearm under Ch. 61 (relating to firearms and other dangerous
articles).

Dec 10, 2007 - S-Introduced and referred to Judiciary

[PisnNapalm]

Pittsburgh is not a city of the first class. Only Philly. 1 million or more residents.

[Shawn.L]

If they get registration in PHilly, how long until they claim that crime has not dropped in philly because of the rest of the state not having it?

I remember seeing an interview with Guilianni where he replied to a question about crimes commited with guns in NY by saying pretty much that NY gun laws where working great, the problem was guns coming in from Neighboring states!

I dont want to have to move out of state.

[Brick]

Nice catch. Unfortunately my daily session e-mails seem to be coming later and later.

But here's one to add to the list, a "partial" counterpart of HB 29 (they left out the establishment of a "registry" of lost/stolen guns.

PRINTER'S NO. 1643


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THE GENERAL ASSEMBLY OF PENNSYLVANIA

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SENATE BILL
No. 1214 Session of 2007


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INTRODUCED BY TARTAGLIONE, WASHINGTON, KITCHEN, A. WILLIAMS,
FUMO, STACK, HUGHES, FONTANA AND C. WILLIAMS,
DECEMBER 10, 2007


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REFERRED TO JUDICIARY, DECEMBER 10, 2007


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AN ACT

1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for report of theft or loss
3 of a firearm.

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 § 6115.1. Report of theft or loss of firearm.
9 (a) Duty to report.--Any owner or other person lawfully in
10 possession of a firearm who suffers the loss or theft of a
11 weapon shall within 24 hours of the discovery of the loss or
12 theft report the facts and circumstances of the loss or theft to
13 the police department having jurisdiction where the loss or
14 theft occurred. The person making the report shall provide the
15 following information:
16 (1) Name and permanent address of the owner.
17 (2) Name of the manufacturer and importer.
18 (3) Model.


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1 (4) Type of action.
2 (5) Caliber or gauge.
3 (6) Serial number.
4 (7) Any other information deemed necessary by the
5 officer or police department receiving the report.
6 (b) Sharing of information.--When a person reports the loss
7 or theft of a firearm to a police department, the officer or
8 department receiving the report shall forward notice of the loss
9 or theft with the information obtained under subsection (a) to
10 the Pennsylvania State Police.
11 (c) Pennsylvania State Police.--The Pennsylvania State
12 Police shall receive, collect and file the information referred
13 to in subsection (a). The Pennsylvania State Police shall
14 cooperate, and undertake to furnish or make the information
15 available to all law enforcement agencies in this Commonwealth,
16 for the purpose of coordinating law efforts to locate these
17 weapons.
18 (d) Penalty.--Notwithstanding any other provision of law, a
19 person who violates subsection (a) commits a summary offense
20 punishable by a fine not to exceed $500.
21 Section 2. This act shall take effect in 60 days.






J26L18GRH/20070S1214B1643 - 2 -

[Pat T]

Man, I sure wish they would work this hard at property tax reform, or reducing the spending of the state government. I can't wait till they recess in another week.

By the way, do these bill all die at the end of the year?

[NoHackrLtd]

You guys missed this gem:

Destruction of recovered hanguns by PA State Police

Ain't this one a gem? The overworked and understaffed PSP has 120 days to identify the owner of a confiscated handgun before they can legally destroy it. Imagine your pistol being stolen in York, recovered in a small town outside of Erie, and six months later you get a call from the State Police saying:

"Mr. Smith - Podunk Regional Police recovered your Model 15 revolver, but it has been destroyed under xxx/xxx law. I'm sorry it took us so long to advise you, but your revolver was smelted two months ago as permitted by law."

No public notice, no searchable database online through your State government's website to check for a serial number - because you, as a law-abiding owner, reported it stolen months ago. However, the overworked clerk didn't give a damn that the revolver your grandfather taught you to shoot with is now part of a bridge decking over a river in New Jersey....

PRINTER'S NO. 1634


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THE GENERAL ASSEMBLY OF PENNSYLVANIA

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SENATE BILL
No. 1205 Session of 2007


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INTRODUCED BY HUGHES, WASHINGTON, KITCHEN, FUMO, TARTAGLIONE,
A. WILLIAMS, C. WILLIAMS AND STACK, DECEMBER 7, 2007


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REFERRED TO JUDICIARY, DECEMBER 7, 2007


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AN ACT

1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for sale or transfer
3 of firearms, for duties of the Pennsylvania State Police and
4 for altering or obliterating marks of identification; and
5 providing for destruction of confiscated firearms.

6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 6111(c) and 6111.1(b) of Title 18 of the
9 Pennsylvania Consolidated Statutes are amended to read:
10 § 6111. Sale or transfer of firearms.
11 * * *
12 (c) Duty of other persons.--Any person who is not a licensed
13 importer, manufacturer or dealer and who desires to sell or
14 transfer a firearm to another unlicensed person shall do so only
15 upon the place of business of a licensed importer, manufacturer,
16 dealer or county sheriff's office, the latter of whom shall
17 follow the procedure set forth in this section as if he were the
18 seller of the firearm. The provisions of this section shall not
19 apply to transfers between spouses or to transfers between a


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1 parent and child or to transfers between grandparent and
2 grandchild. Nothing in this subsection shall be construed to
3 authorize the Pennsylvania State Police or any local law
4 enforcement agency to sell or transfer any confiscated firearm
5 in the possession of the Pennsylvania State Police or local law
6 enforcement agency.
7 * * *
8 § 6111.1. Pennsylvania State Police.
9 * * *
10 (b) Duty of Pennsylvania State Police.--
11 (1) Upon receipt of a request for a criminal history,
12 juvenile delinquency history and mental health record check
13 of the potential purchaser or transferee, the Pennsylvania
14 State Police shall immediately during the licensee's call or
15 by return call forthwith:
16 (i) review the Pennsylvania State Police criminal
17 history and fingerprint records to determine if the
18 potential purchaser or transferee is prohibited from
19 receipt or possession of a firearm under Federal or State
20 law;
21 (ii) review the juvenile delinquency and mental
22 health records of the Pennsylvania State Police to
23 determine whether the potential purchaser or transferee
24 is prohibited from receipt or possession of a firearm
25 under Federal or State law; and
26 (iii) inform the licensee making the inquiry either:
27 (A) that the potential purchase or transfer is
28 prohibited; or
29 (B) provide the licensee with a unique approval
30 number.
20070S1205B1634 - 2 -


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1 (2) In the event of electronic failure, scheduled
2 computer downtime or similar event beyond the control of the
3 Pennsylvania State Police, the Pennsylvania State Police
4 shall immediately notify the requesting licensee of the
5 reason for and estimated length of the delay. If the failure
6 or event lasts for a period exceeding 48 hours, the dealer
7 shall not be subject to any penalty for completing a
8 transaction absent the completion of an instantaneous records
9 check for the remainder of the failure or similar event, but
10 the dealer shall obtain a completed application/record of
11 sale following the provisions of section 6111(b)(1) and (1.1)
12 (relating to sale or transfer of firearms) as if an
13 instantaneous records check has not been established for any
14 sale or transfer of a firearm for the purpose of a subsequent
15 background check.
16 (3) The Pennsylvania State Police shall fully comply,
17 execute and enforce the directives of this section as
18 follows:
19 (i) The instantaneous background check for firearms
20 as defined in section 6102 (relating to definitions)
21 shall begin on July 1, 1998.
22 (ii) The instantaneous background check for firearms
23 that exceed the barrel lengths set forth in section 6102
24 shall begin on the later of:
25 (A) the date of publication of the notice under
26 section 6111(a)(2); or
27 (B) December 31, 1998.
28 (4) The Pennsylvania State Police and any local law
29 enforcement agency shall make all reasonable efforts to
30 determine the lawful owner of any firearm confiscated by the
20070S1205B1634 - 3 -


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1 Pennsylvania State Police or any local law enforcement agency
2 and return said firearm to its lawful owner if the owner is
3 not otherwise prohibited from possessing the firearm. If the
4 reasonable efforts of the Pennsylvania State Police and the
5 local law enforcement agency fail to identify the lawful
6 owner of the confiscated firearm within 120 days after the
7 Pennsylvania State Police or local law enforcement agency
8 comes into possession of the firearm, or if the lawful owner
9 of the firearm is identified but otherwise prohibited from
10 possessing the firearm, the Pennsylvania State Police or
11 local law enforcement agency shall destroy the firearm under
12 section 6117.1 (relating to destruction of confiscated
13 firearms). When a court of law has determined that the
14 Pennsylvania State Police or any local law enforcement agency
15 have failed to exercise the duty under this subsection,
16 reasonable attorney fees shall be awarded to any lawful owner
17 of said firearm who has sought judicial enforcement of this
18 subsection.
19 * * *
20 Section 2. Section 6117 of Title 18 is amended by adding a
21 subsection to read:
22 § 6117. Altering or obliterating marks of identification.
23 * * *
24 (e) Nonapplicability.--This section shall not apply to a
25 firearm destroyed under section 6117.1 (relating to destruction
26 of confiscated firearms).
27 Section 3. Title 18 is amended by adding a section to read:
28 § 6117.1. Destruction of confiscated firearms.
29 (a) General rule.--Notwithstanding any other provision of
30 law to the contrary, the Pennsylvania State Police or a local
20070S1205B1634 - 4 -


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1 law enforcement agency shall destroy all confiscated firearms in
2 its possession if the reasonable efforts of the Pennsylvania
3 State Police and the local law enforcement agency required under
4 section 6111.1(b)(4) (relating to Pennsylvania State Police)
5 fail to identify the lawful owner of the confiscated firearm or
6 if the lawful owner of the confiscated firearm is identified but
7 otherwise prohibited from possessing the firearm.
8 (b) Exception.--No confiscated firearm shall be destroyed
9 under this section if the confiscated firearm is evidence in an
10 ongoing investigation or in a criminal prosecution or civil
11 litigation. Confiscated firearms under this subsection shall
12 only be destroyed when the investigation is complete or a court
13 of competent jurisdiction issues an order authorizing the
14 destruction of the firearm.
15 (c) Method of destruction.--Confiscated firearms subject to
16 destruction under this section shall be melted at smelting
17 plants located within this Commonwealth.
18 (d) Procedure prior to destruction.--The following shall
19 apply to confiscated firearms subject to destruction under this
20 section:
21 (1) The Pennsylvania State Police and each local law
22 enforcement agency shall place all confiscated firearms in
23 sealed containers and in a secure environment with access
24 limited to individuals directly responsible for maintaining
25 the official registry under paragraph (2).
26 (2) The Pennsylvania State Police or each local law
27 enforcement agency shall establish a registry for purposes of
28 cataloging all confiscated firearms in its possession. The
29 Pennsylvania State Police and each local law enforcement
30 agency shall designate one or more individuals who shall be
20070S1205B1634 - 5 -


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1 responsible for maintaining the registry.
2 (3) Each confiscated firearm shall be individually
3 catalogued in the official registry required under paragraph
4 (2). The registry shall contain the following information
5 relating to the confiscated firearm:
6 (i) The serial number of the firearm.
7 (ii) The make and model of the firearm.
8 (iii) The date the firearm came into the possession
9 of the Pennsylvania State Police or the local law
10 enforcement agency.
11 (iv) The earliest date on which the firearm can be
12 destroyed under this section.
13 (v) The date the lawful owner of the confiscated
14 firearm was identified and the date the firearm was
15 returned to the lawful owner, if applicable.
16 (vi) The date the firearm was destroyed.
17 (4) Confiscated firearms subject to destruction shall be
18 transported in sealed containers.
19 (e) Time period for destruction.--Except as otherwise
20 provided in this subsection, confiscated firearms subject to
21 destruction under this section shall be destroyed as promptly as
22 possible but no less than quarterly. The Pennsylvania State
23 Police or each local law enforcement agency may maintain
24 confiscated firearms in its possession until it has accumulated
25 a sufficient number of firearms to defray the costs associated
26 with this section, provided that each confiscated firearm
27 subject to destruction under this section shall be destroyed no
28 later than 180 days after it comes into the possession of the
29 Pennsylvania State Police or a local law enforcement agency.
30 Section 4. This act shall take effect in 60 days.
K16L18GRH/20070S1205B1634 - 6 -

[Pa. Patriot]

Let's see.

One that forces unconstitutional registration on Philla.

Two that allow criminals to be held liable for other criminals acts. Despite that the act that would make the person a criminal in the first place (selling knowingly, willingly, etc etc to a prohibited person) is already a punishable crime...

One that is a carbon copy of a recently defeated bill.

And one that makes no sense whatsover. Destroying "crime" guns?

Isn't there a max # of bills you can present in a year? The same jack-wads are wasting everyones time over and over and over.

[pyld]

Just got a call from my state senator's office (Orie) who is on the Judiciary committee. In the words of the helpful staffer "these have roughly zero chance of ever seeing the senate floor, and will be shot down in a heartbeat if they did." Oh, and the Senator fully supports the apropos sections of both the Pennsylvania and United States Constitutions.

It's nice to have both a senator and a state rep who get it.

[Brick]

You guys missed this gem:

Destruction of recovered hanguns by PA State Police

Nah, we didn't miss it. It was posted to the Pennsylvania legal section 5 days ago. See the thread New Legislation - Destruction of Confiscated guns. But I am glad you're interested enough to do your own research! You are also right in your analysis that this will be a severely abused law and more likely than not the police won't even bother tracing the guns and just destroy them, much less make an honest effort to return them to the legal owner.

[WhiteFeather]

Man, I sure wish they would work this hard at property tax reform, or reducing the spending of the state government. I can't wait till they recess in another week.

By the way, do these bill all die at the end of the year?

They die at end of session (2 year sessions) so in theory they will all die Dec 31, 2008.

Except they will get new bill numbers and be back next session.......... unless gun owners start by removing lots of Anti-gun Reps in 2008 elections by using resources like the FOAC Pro-Gun voters guides.

In my opinion we should start with the Democratic Judiciary Committee Chairman Rep Tom Caltagirone for double dealing gun owners over pulling HB 641 for a scheduled committee vote.


Pa. Patriot their is no limit to amount of bills introduced in sessions, it’s typically about 5,000 plus as there is no limit to tyranny except what people will tolerate before they rise up and put a stop to it. Or in other words much better written than I ever could…... .

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.