Semi-Automatic Firearms used in crime SB 784

[Brick]

I shouldn't even have to suggest we need to oppose this BS!

THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL No. 784
Session of 2011
INTRODUCED BY STACK, FONTANA, SOLOBAY, BREWSTER, ERICKSON, RAFFERTY, LEACH, TARTAGLIONE, BROWNE AND FARNESE, MARCH 7, 2011
REFERRED TO JUDICIARY, MARCH 7, 2011


Snipped a bit to get to the meat:

(2) A person who is convicted in any court of this
23 Commonwealth of a crime under Title 18 (relating to crimes
24 and offenses) shall, if the person had in the person's
25 immediate possession during the commission of the crime a
26 semiautomatic firearm, be sentenced to a minimum sentence of
27 at least 20 years of total confinement notwithstanding any
28 other provision of this title or other statute to the
29 contrary. Such persons shall not be eligible for parole,
30 probation, work release or furlough.
1 * * *
2 (e) Definitions.--As used in this section, the following
3 words and phrases shall have the meanings given to them in this
4 subsection:
5 "Firearm." Any weapon, including a starter gun, which will
6 or is designed to or may readily be converted to expel a
7 projectile by the action of an explosive or the expansion of gas
8 therein.
9 "Replica of a firearm." An item that can reasonably be
10 perceived to be a firearm.
11 "Semiautomatic firearm." The term includes any of the
12 following:
13 (1) A firearm or copy or duplicate of a firearm in any
14 caliber, known as:
15 (i) Norinco, Mitchell and Poly Technologies Avtomat
16 Kalashnikovs.
17 (ii) Action Arms Israeli Military Industries UZI and
18 Galil.
19 (iii) Beretta Ar70 or SC-70.
20 (iv) Colt AR-15.
21 (v) Fabrique National FN/FAL, FN/LAR and FNC.
22 (vi) SWD M-10, M-11, M-11/9 and M-12.
23 (vii) Steyr AUG.
24 (viii) INTRATECT TEC-9 and TEC-22.
25 (ix) Revolving cylinder shotguns, such as or similar
26 to the Street Sweeper and Striker 12.
27 (x) SKS rifle.
28 (2) A semiautomatic rifle that has an ability to accept
29 a detachable magazine and has at least two of the following:
30 (i) A folding or telescoping stock.
1 (ii) A pistol grip that protrudes conspicuously
2 beneath the action of the weapon.
3 (iii) A bayonet mount.
4 (iv) A flash suppressor or threaded barrel designed
5 to accommodate a flash suppressor.
6 (v) A grenade launcher.
7 (3) A semiautomatic pistol that has an ability to accept
8 a detachable magazine and has at least two of the following:
9 (i) An ammunition magazine that attaches to the
10 pistol outside of the pistol grip.
11 (ii) A threaded barrel capable of accepting a barrel
12 extender, flash suppressor, forward handgrip or silencer.
13 (iii) A shroud that is attached to, or partially or
14 completely encircles, the barrel and that permits the
15 shooter to hold the firearm with the nontrigger hand
16 without being burned.
17 (iv) A manufactured weight of 50 ounces or more when
18 the pistol is unloaded.
19 (v) A semiautomatic version of an automatic firearm.
20 (4) A semiautomatic shotgun that has at least two of the
21 following:
22 (i) A folding or telescoping stock.
23 (ii) A pistol grip that protrudes conspicuously
24 beneath the action of the weapon.
25 (iii) A fixed magazine capacity in excess of five
26 rounds.
27 (iv) An ability to accept a detachable magazine.
28 (5) Any firearm listed in paragraph (1), (2), (3) or
29 (4), notwithstanding the fact that it has been renamed,
30 reclassified or altered in any manner provided that it
1 retains its previous characteristics and purpose.

For the complete bill see: http://www.legis.state.pa.us/CFDOCS/...r=0784&pn=0797

[legendarylorot]

So, by this proposed law, if my son's marshmallow gun (which has a CO2 canister) launches one off our property, there's a minimum imprisonment of 20 years for what would otherwise be mere littering?

Look at the "definition of firearm" and "definition of semiautomatic". It's an assault weapons ban, legislating aesthetics, but instead of a general ban they're stating "in the commission of a crime", a vast expanse of legislation in and of itself (littering to treason is a big area).

I'm also put on edge that "replica of a firearm" is defined, but not used in the actual bill.

[phillykev]

This is a defacto gun ban. Run a stop sign while legally carrying your firearm? 20 years.

[ByblosHex]

This would also apply to LEO's as well. Correct?

[streaker69]

This is a defacto gun ban. Run a stop sign while legally carrying your firearm? 20 years.

Do vehicular moving violations fall under Title 18?

I agree, this sucks completely, but I think you're exercising a bit of hyperbole.

[YosemiteSam]

Do vehicular moving violations fall under Title 18?

I agree, this sucks completely, but I think you're exercising a bit of hyperbole.

It is a little tuff for agricultural trespass(posted)don't ya think.


http://www.pacode.com/secure/data/20...3/s303.15.html

[Azzy]

How about a bill that actually makes judges put people in jail for the crimes they committed, no matter the tool they used or flavor of jelly on their cracker that morning?

Murder is murder. Robbery is robbery. Assault is assault. All are already illegal.

[legendarylorot]

Do vehicular moving violations fall under Title 18?

No, that's vehicle code. But there's plenty of equal opportunity for abuse with things like Chapter 65 (littering) or 3305 (injuring a privately owned fire extinguisher or fire apparatus).

[streaker69]

No, that's vehicle code. But there's plenty of equal opportunity for abuse with things like Chapter 65 (littering) or 3305 (injuring a privately owned fire extinguisher or fire apparatus).

I agree it's way open for abuse. Just don't agree with the idea that moving violations are going to send you away for 20 years.

[phillykev]

I agree it's way open for abuse. Just don't agree with the idea that moving violations are going to send you away for 20 years.

You're right, it was hyperbole to use the stop sign example.

Let's use actual Title 18 examples.

Disorderly conduct, is one.

Or, failing to display a flag at a public gathering. 20 years hard time.