SB498 Protecting from infringement -- bear arms

[fallenleader]

This just came through legis email today.
http://www.legis.state.pa.us/cfdocs/...&type=B&bn=498

what do we think?

THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
498
Session of
2017
INTRODUCED BY EICHELBERGER, BROOKS, VOGEL, RESCHENTHALER,
VULAKOVICH, SCAVELLO, WARD, STEFANO, WAGNER, SCARNATI,
GORDNER, HUTCHINSON, LANGERHOLC, FOLMER AND WHITE,
MARCH 10, 2017
REFERRED TO JUDICIARY, MARCH 10, 2017
AN ACT
Protecting from infringement the individual right of the
citizens of the Commonwealth of Pennsylvania to bear arms as
provided in section 21 of Article I of the Constitution of
Pennsylvania.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Right to Bear
Arms Act.
Section 2. Findings.
The General Assembly finds and declares that:
(1) The Constitution of Pennsylvania, and its protection
of the right to bear arms, predate the Constitution of the
United States.
(2) It is an established canon of judicial construction
that a state constitution may not offer less protection of
individual rights than the Constitution of the United States,
but it can afford more protections.


(3) Section 21 of Article I of the Constitution of
Pennsylvania provides: "The right of the citizens to bear
arms in defense of themselves and the State shall not be
questioned."
(4) Pennsylvania's constitutional protection of an
individual's right to bear arms is clear and unequivocal.
Section 3. Use of State resources to enforce Federal laws
relating to firearms, firearm components or
ammunition.
(a) General rule.--Neither the Commonwealth, nor any of its
political subdivisions, shall allow the use of any resources or
public funds to enforce any Federal law, executive order or
regulation that is enacted or promulgated after the effective
date of this section and attempts to register, restrict or ban
the ownership or purchase, whether by number or type, of a
firearm, component of a firearm or ammunition.
(b) Definition.--As used in this section, the term
"resources" shall mean and include judicial buildings,
correctional facilities, personnel and equipment.
Section 4. Effective date.
This act shall take effect immediately.

[archie19]

so, among other things, this would ban registration in PA............ well now, would it BAN SALES DATABASES ALSO!?!?!?!?!?!?!?!?!

[Bang]

Can afford more protections. So, if ATF says a PA resident who had a 302 when 14 years old cannot have a gun, this would in affect tell ATF to kiss off? (not sure that's a good example...but you get my meaning).

[fallenleader]

i didn't understand the ramifications of it. hardly knew if this was the right place to post.
so it is legitimately posted to garner input.

[Bang]

Basically, as I read it, no funds within the Commonwealth may be used to enforce anything described in the PA bill coming from any federal entity after passage of the PA bill.

Example: Japip township PD comes across a firearm federally banned after the PA law goes into effect. Any action taken by Japip PD that would aid in the enforcement of the federal ban would be a no-no.

[GunLawyer001]

I'm not sure that we could keep NICS away by using PICS, if PICS is unable to enforce Federal law, but Federal law requires all FFL's to get an approval before transferring any firearm.

It's a little like "sanctuary cities" or "sanctuary states", which I like for guns in general, but the details can be an issue.

[fallenleader]

i thought pics called nics anyway when giving checks