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March 31st, 2011, 02:19 PM #1
Here's another to oppose - SB 919
Seven pages in total length so I will only post the most important changes. Basically requires the destruction of all recovered or confiscated guns held by police if lawfull owner cannot be found or is otherwise prohibited.
See complete text at: http://www.legis.state.pa.us/CFDOCS/...r=0919&pn=0953
SENATE BILL No. 919
Session of 2011
INTRODUCED BY HUGHES, TARTAGLIONE, FONTANA, KITCHEN AND STACK, MARCH 30, 2011
REFERRED TO JUDICIARY, MARCH 30, 2011
Nothing in this subsection may 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.
If the reasonable efforts of the
6 Pennsylvania State Police and the local law enforcement
7 agency fail to identify the lawful owner of the confiscated
8 or recovered firearm within 120 days after the Pennsylvania
9 State Police or local law enforcement agency comes into
10 possession of the firearm, or if the lawful owner of the
11 firearm is identified but otherwise prohibited from
12 possessing the firearm, the Pennsylvania State Police or
13 local law enforcement agency shall destroy the firearm under
14 section 6117.1 (relating to destruction of confiscated or
15 recovered firearms).
1 (a) General rule.--Notwithstanding any other provision of
2 law to the contrary, the Pennsylvania State Police or a local
3 law enforcement agency shall destroy all confiscated or
4 recovered firearms in its possession if the reasonable efforts
5 of the Pennsylvania State Police and the local law enforcement
6 agency required under section 6111.1(b)(4) (relating to
7 Pennsylvania State Police) fail to identify the lawful owner of
8 the firearm or if the lawful owner of the firearm is identified
9 but otherwise prohibited from possessing the firearm.
10 (b) Exception.--No confiscated or recovered firearm may be
11 destroyed under this section if the firearm is evidence in an
12 ongoing investigation or in a criminal prosecution or civil
13 litigation. Confiscated or recovered firearms under this
14 subsection shall only be destroyed when the investigation is
15 complete or a court of competent jurisdiction issues an order
16 authorizing the destruction of the firearm.
17 (c) Method of destruction.--Confiscated or recovered
18 firearms subject to destruction under this section shall be
19 melted at smelting plants located within this Commonwealth.
20 (d) Procedure prior to destruction.--The following shall
21 apply to confiscated or recovered firearms subject to
22 destruction under this section:
23 (1) The Pennsylvania State Police and each local law
24 enforcement agency shall place all firearms in sealed
25 containers and in a secure environment with access limited to
26 individuals directly responsible for maintaining the official
27 registry under paragraph (2).
28 (2) The Pennsylvania State Police or each local law
29 enforcement agency shall establish a registry for purposes of
30 cataloging all confiscated or recovered firearms in its
1 possession. The Pennsylvania State Police and each local law
2 enforcement agency shall designate one or more individuals
3 who shall be responsible for maintaining the registry.
4 (3) Each firearm shall be individually cataloged in the
5 official registry required under paragraph (2). The registry
6 shall contain the following information relating to the
7 firearm:
8 (i) The serial number of the firearm.
9 (ii) The make and model of the firearm.
10 (iii) The date the firearm came into the possession
11 of the Pennsylvania State Police or the local law
12 enforcement agency.
13 (iv) The earliest date on which the firearm can be
14 destroyed under this section.
15 (v) The date the lawful owner of the confiscated
16 firearm was identified and the date the firearm was
17 returned to the lawful owner, if applicable.
18 (vi) The date the firearm was destroyed.
19 (4) Firearms subject to destruction shall be transported
20 in sealed containers.
21 (e) Time period for destruction.--Except as otherwise
22 provided in this subsection, firearms subject to destruction
23 under this section shall be destroyed as promptly as possible
24 but no less than quarterly. The Pennsylvania State Police or
25 each local law enforcement agency may maintain confiscated or
26 recovered firearms in its possession until it has accumulated a
27 sufficient number of firearms to defray the costs associated
28 with this section, provided that each firearm subject to
29 destruction under this section shall be destroyed no later than
30 180 days after it comes into the possession of the Pennsylvania
1 State Police or a local law enforcement agency.Last edited by Brick; March 31st, 2011 at 05:28 PM.
"Those who can make you believe absurdities can make you commit atrocities".
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March 31st, 2011, 02:33 PM #2
Re: Here's another to oppose - SB 919
How would one prove that they are the "lawful owner"?
For instance, if a pistol was gifted to you or you bought a rifle F2F?"One must be a fox to recognize traps, and a lion to frighten wolves” ~ Machiavelli
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March 31st, 2011, 03:00 PM #3
Re: Here's another to oppose - SB 919
Why do people keep electing these POS? When will people wake up?
no need to answer just rhetorical questions
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March 31st, 2011, 03:10 PM #4
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March 31st, 2011, 03:16 PM #5Grand Member
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Re: Here's another to oppose - SB 919
All of the other provisions aside, the part that really bothers me is that the word "registry" appears five times in that bill along with a requirement that local LEO and the PASP each designate someone to handle said registry.
But, of course, this won't be considered a registry, since it only covers guns that have been confiscated or recovered. And, as we all know, the sales database isn't a registry because it doesn't cover every gun transferred.
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