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May 17th, 2012, 12:36 PM #1
Oklahoma Governor Signs Bill Banning Gun Confiscation During State Of Emergency
Fallin signed the bill Wednesday that specifically bars any state or local official from restricting the sale, possession or transportation of firearms and ammunitions, even during a declared state of emergency.
Does PA have the same law?
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May 17th, 2012, 12:54 PM #2
Re: Oklahoma Governor Signs Bill Banning Gun Confiscation During State Of Emergency
Yes. The only time they can confiscate here in PA is when it is permissible during normal times. ..like as evidence of a crime, etc, etc.
Sales would revert to the old standard of a waiting period and paperwork sent to the PSP if the computer is down.
18 Pa.C.S. § 6107: Prohibited conduct during emergency
(a) General rule.--No person shall carry a firearm upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:
(1) Actively engaged in a defense of that person's life or property from peril or threat.
(2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).
(b) Seizure, taking and confiscation.--Except as otherwise provided under subsection (a) and notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any other provision of law to the contrary, no firearm, accessory or ammunition may be seized, taken or confiscated during an emergency unless the seizure, taking or confiscation would be authorized absent the emergency.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Accessory." Any scope, sight, bipod, sling, light, magazine, clip or other related item that is attached to or necessary for the operation of a firearm.
"Firearm." The term includes any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any weapon.
18 Pa.C.S. § 6111.1: Pennsylvania State Police
(2) In the event of electronic failure, scheduled computer downtime or similar event beyond the control of the Pennsylvania State Police, the Pennsylvania State Police shall immediately notify the requesting licensee of the reason for and estimated length of the delay. If the failure or event lasts for a period exceeding 48 hours, the dealer shall not be subject to any penalty for completing a transaction absent the completion of an instantaneous records check for the remainder of the failure or similar event, but the dealer shall obtain a completed application/record of sale following the provisions of section 6111(b)(1) and (1.1) (relating to sale or transfer of firearms) as if an instantaneous records check has not been established for any sale or transfer of a firearm for the purpose of a subsequent background check.Last edited by knight0334; May 17th, 2012 at 12:59 PM.
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