Pennsylvania Firearm Owners Association
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    Default 3-22-2018 PA Assault Weapon Ban & Semi Auto Gun Registration - SB17 Full Text

    3-22-2018 PA Assault Weapon Ban & Semi Auto Gun Registration - SB17 Full Text

    http://www.legis.state.pa.us/cfdocs/...type=B&bn=0017
    http://www.legis.state.pa.us/cfdocs/...r=0017&pn=1573

    PRINTER'S NO. 1573

    THE GENERAL ASSEMBLY OF PENNSYLVANIA

    SENATE BILL No. 17

    Session of 2018

    INTRODUCED BY FONTANA, FARNESE, KILLION, COSTA, LEACH, BLAKE, STREET, HUGHES, DINNIMAN AND HAYWOOD, MARCH 22, 2018

    REFERRED TO JUDICIARY, MARCH 22, 2018

    AN ACT

    Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, providing for assault weapons and large capacity magazines.

    The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

    Section 1. Title 18 of the Pennsylvania Consolidated Statutes is amended by adding a section to read:

    § 6105.2. Assault weapons and large capacity magazines.

    (a) General rule.--Except as otherwise provided in subsection (h), no person shall possess, manufacture, import, sell or transfer an assault weapon or large capacity magazine.

    (b) Certificate of possession.--

    (1) Upon application by an individual 21 years of age or older within 120 days of the effective date of this section, a certificate of possession may be issued by the Pennsylvania State Police to the owner of an assault weapon for possession and use in accordance with this section.

    (2) An individual issued a certificate of possession under this section may possess, use, manufacture or otherwise control an assault weapon as follows:

    (i) At the domicile or business of the individual owning the assault weapon.

    (ii) At the domicile of another property owner with the permission of that property owner.

    (iii) At a bona fide target or shooting range operated by a business or club to which the individual is a customer, member or guest of a customer or member.

    (iv) At a firearms exhibition, display or educational project and the assault weapon is not loaded.

    (v) In a motor vehicle if the individual is at or traveling to or from a place listed in subparagraph (i), (ii), (iii) or (iv) and if, while traveling to or from the place, the assault weapon is not loaded and is kept in a secure case or a compartment of the vehicle that is not accessible to the occupants of the vehicle.

    (3) A certificate of possession issued under this section shall be valid throughout this Commonwealth and shall be in a form prescribed by the Pennsylvania State Police. The certificate shall include all of the following:

    (i) The name, address, date of birth, race, sex, citizenship, height, weight, color of hair, color of eyes and signature of the certificate holder.

    (ii) A number, of which the first two numbers shall be a county location code, corresponding to the certificate holder's residence, followed by numbers issued in numerical sequence.

    (iii) A photograph of the certificate holder in a form compatible with the Commonwealth Photo Imaging Network.

    (iv) The expiration date of the certificate of possession.

    (v) Any other information required by the Pennsylvania State Police.

    (c) Application for certificate of possession.--

    (1) The Pennsylvania State Police shall develop and provide a form, not to exceed one page, that details the following information for each assault weapon for which a certificate of possession is requested and may be issued:

    (i) The information listed in subsection (b)(3)(i), telephone number and thumbprint.

    (ii) A description of the assault weapon, including the manufacturer's name, model number and serial number.

    (iii) Identification marks or unique characteristics of the assault weapon.

    (iv) Proof of lawful purchase or ownership if available.

    (2) Upon receipt of the form, the Pennsylvania State Police shall do all of the following:

    (i) Conduct a criminal background, juvenile delinquency and mental health records background check following the procedures set forth in section 6111 (relating to sale or transfer of firearms) to determine whether the person is eligible to possess an assault weapon under this section.

    (ii) Investigate whether the applicant's character and reputation are such that the applicant is not likely to act in a manner dangerous to public safety.

    (iii) Issue the certificate of possession within 30 days of application.

    (iv) Collect the fee under subsection (e).

    (d) Term of certificate of possession.--

    (1) A certificate of possession issued under this section shall be valid throughout this Commonwealth for a period of five years unless extended under paragraph (4) or sooner revoked.

    (2) At least 60 days prior to the expiration of a certificate of possession, the Pennsylvania State Police shall send to the certificate holder an application for renewal of the certificate of possession. Failure to receive a renewal application shall not relieve a certificate holder from the responsibility to renew a certificate of possession.

    (3) A certificate of possession may be renewed for an additional period of five years if not sooner revoked.

    (4) Notwithstanding paragraph (1) or any other provision of law to the contrary, a certificate of possession that is held by a member of the United States Armed Forces or the Pennsylvania National Guard on Federal active duty and deployed outside this Commonwealth that is scheduled to expire during the period of deployment shall be extended until 90 days after the end of the deployment.

    (5) Possession of a certificate of possession, together with a copy of the person's military orders showing the dates of deployment, including the date that the deployment ends, shall constitute, during the extension period specified in paragraph (4), a defense to any charge filed under this section.

    (e) Fee.--

    (1) The fee for the issuance or renewal of a certificate of possession is $15. The fee shall include the renewal notice processing.

    (2) No fee other than that provided by this subsection may be assessed by the Pennsylvania State Police for the performance of any background check made under this section.

    (3) The fee is payable to the Pennsylvania State Police at the time the application for issuance or renewal is submitted.

    (4) Except for an administrative fee of $5, all other fees shall be refunded if the application is denied but shall not be refunded if a license is issued and subsequently revoked.

    (f) Revocation.--

    (1) A certificate of possession may be revoked by the Pennsylvania State Police or other law enforcement officer for good cause, including information provided by other law enforcement agencies.

    (2) Notice of revocation shall be in writing and shall state the specific reason for revocation. Notice shall be sent by certified mail to the individual whose certificate is revoked, and, at that time, notice shall also be provided to the Pennsylvania State Police by electronic means, including e-mail or facsimile transmission, that the certificate is no longer valid.

    (3) An individual whose certificate of possession is revoked shall surrender the certificate as well as any assault weapons for which a certificate has been issued to the Pennsylvania State Police within five days of receipt of the notice.

    (4) An individual whose certificate is revoked may appeal to the court of common pleas for the judicial district in which the individual resides.

    (g) Duties of Pennsylvania State Police.--The Pennsylvania State Police shall do all of the following:

    (1) Develop procedures for the processing of applications for and approval of certificates of possession.

    (2) Design the certificate of possession form.

    (3) Conduct background checks on applicants for the issuance of a certificate of possession.

    (4) Maintain a registry of certificates of possession issued. A registry maintained by the Pennsylvania State Police under this section shall not be subject to the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

    (5) Notify certificate of possession holders of the pending expiration of certificates of possession and issue renewal forms.

    (6) Initiate revocation of certificates of possession and revoke certificates of possession for cause as provided in this section.

    (7) Collect fees as provided in subsection (e) to administer this program and maintain the registry.

    (h) Exceptions.--The provisions of subsection (a) shall not apply to:

    (1) Any of the following in the performance of official duties:

    (i) Law enforcement officers.

    (ii) State parole agents.

    (iii) A county probation or parole officer who is authorized to carry a weapon in connection with performance of the duties of the officer's employment.

    (iv) A chief administrator, deputy warden or corrections officer of a State or county correctional institution.

    (v) Constables.

    (vi) Members of the armed forces of the United States or of the National Guard or organized reserves.

    (vii) Officers or employees of the United States duly authorized to carry an assault weapon.

    (2) An agent, messenger or other employee of a common carrier, bank or business firm whose duties require the protection of money, valuables and other property in the discharge of the individual's duties.

    (3) Any licensed person engaged in the business of manufacturing, repairing or dealing in assault weapons, or the agent or representative of the person, having an assault weapon in the person's possession or using or carrying an assault weapon in the usual and ordinary course of business.

    (4) A person lawfully engaged in the interstate transportation of an assault weapon in compliance with 18 U.S.C. § 926A (relating to interstate transportation of firearms).

    (5) A person who is the lawful owner of an assault weapon on or before the effective date of this section and who is issued a certificate of possession by the Pennsylvania State Police under this section and regulations of the Pennsylvania State Police.

    (i) Penalties.--

    (1) Except as provided in paragraph (2) or (3), a person who violates this section commits a misdemeanor of the first degree.

    (2) An individual who violates subsection (f)(3) commits a misdemeanor of the third degree.

    (3) A second or subsequent offense under this section is a felony of the third degree.

    (j) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Assault weapon." Includes all of the following:

    (1) A semiautomatic center fire rifle capable of accepting detachable magazines and a pistol grip protruding conspicuously below the weapon's action, a thumbhole stock or folding or telescopic stock, a flash suppressor, grenade launcher or flare launcher or a forward pistol grip.

    (2) A semiautomatic center fire rifle with an overall length of less than 30 inches.

    (3) A semiautomatic center fire rifle with a fixed magazine capable of holding more than 10 rounds of ammunition.

    (4) A semiautomatic pistol capable of accepting detachable magazines and a threaded barrel, a second handgrip, a capacity to accept a detachable magazine at some
    location outside the pistol grip or a shroud attached to, or partially or completely encircling, the barrel allowing the bearer to fire the weapon without burning the bearer's hand, except for a slide enclosing the barrel.

    (5) A semiautomatic pistol with a fixed magazine having the capacity to accept more than 10 rounds.

    (6) A semiautomatic shotgun having a folding or telescoping stock, a pistol grip protruding conspicuously beneath the action of the weapon, a thumbhole stock or a vertical handgrip.

    (7) A semiautomatic shotgun with the ability to accept detachable magazines.

    (8) A shotgun with a revolving cylinder.

    (9) A part or combination of parts designed or intended to convert a firearm into an assault weapon or any combination of parts from which an assault weapon may be
    readily assembled if those parts are in the possession of or under the control of the same person.

    (10) The following specified semiautomatic firearms: Algimec Agmi; Armalite AR-180; Australian Automatic Arms SAP Pistol; Auto-Ordnance Thompson type; Avtomat Kalashnikov AK-47 type; Barrett Light-Fifty model 82A1; Beretta AR-70; Bushmaster Auto Rifle and Auto Pistol; Calico models M-900, M-950 and 100-P; Chartered Industries of Singapore SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and Max-2; Encom MK-IV, MP-9 and MP-45; Fabrique Nationale FN/FAL, FN/LAR or FN/FNC; FAMAS MAS 223; Feather AT-9 and Mini-AT; Federal XC-900 and XC-450; Franchi SPAS-12 and LAW-12; Galil AR and ARM; Goncz High-Tech Carbine and High-Tech Long Pistol; Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes MP-83; MAC-10, MAC-11 and MAC-11 Carbine type; Intratec TEC-9 and Scorpion; Iver Johnson Enforcer model 3000; Ruger Mini-14/5F folding stock model only; Scarab Skorpion; SIG 57 AMT and 500 series; Spectre Auto Carbine and Auto Pistol; Springfield Armory BM59, SAR-48 and G-3; Sterling MK-6 and MK-7; Steyr AUG; Street Sweeper and Striker 12 revolving cylinder shotguns; USAS-12; UZI Carbine, Mini-Carbine and Pistol; Weaver Arms Nighthawk; Wilkinson "Linda" Pistol.

    (11) The following specified semiautomatic centerfire rifles or copies or duplicates with the capability of such rifles that were in production prior to or on April 4, 2013: AK-47; AK-74; AKM; AKS-74U; ARM; MAADI AK47; MAK90; MISR; NHM90 and NHM91; Norinco 56, 56S, 84S and 86S; Poly Technologies AKS and AK47; SA 85; SA 93; VEPR; WASR-10; WUM; Rock River Arms LAR-47; Vector Arms AK-47; AR-10; AR-15; Bushmaster Carbon 15, Bushmaster XM15, Bushmaster ACR Rifles, Bushmaster MOE Rifles; Colt Match Target Rifles; Armalite M15; Olympic Arms AR-15, A1, CAR, PCR, K3B, K30R, K16, K48, K8 and K9 Rifles; DPMS Tactical Rifles; Smith and Wesson M&P15 Rifles; Rock River Arms LAR-15; Doublestar AR Rifles; Barrett REC7; Beretta Storm; Calico Liberty 50, 50 Tactical, 100, 100 Tactical, I, I Tactical, II and II Tactical Rifles; Hi-Point Carbine Rifles; HK-PSG-1; Kel-Tec Sub-2000, SU Rifles and RFB; Remington Tactical Rifle Model 7615; SAR-8, SAR-4800 and SR9; SLG 95; SLR 95 or 96; TNW M230 and M2HB;
    Vector Arms UZI; Galil and Galil Sporter; Daewoo AR 100 and AR 110C; Fabrique Nationale/FN 308 Match and L1A1 Sporter; HK USC; IZHMASH Saiga AK; SIG Sauer 551-A1, 556, 516, 716 and M400 Rifles; Valmet M62S, M71S and M78S; Wilkinson Arms Linda Carbine; and Barrett M107A1.

    (12) The following specified semiautomatic pistols or copies or duplicates with the capability of such pistols that were in production prior to or on April 4, 2013: Centurion 39 AK; Draco AK-47; HCR AK-47; I.O. Inc. Hellpup AK-47; Mini-Draco AK-47; Yugo Krebs Krink; American Spirit AR-15; Bushmaster Carbon 15; Doublestar Corporation AR; DPMS AR-15; Olympic Arms AR-15; Rock River Arms LAR 15; Calico Liberty III and III Tactical Pistols; Masterpiece Arms MPA Pistols and Velocity Arms VMA Pistols; Intratec TEC-DC9 and AB-10; Colefire Magnum; German Sport 522 PK and Chiappa Firearms Mfour-22; DSA SA58 PKP FAL; I.O. Inc. PPS-43C; Kel-Tec PLR-16 Pistol; Sig Sauer P516 and P556 Pistols; and Thompson TA5 Pistols.

    (13) The following semiautomatic shotguns or copies or duplicates with the capability of such shotguns that were in production prior to or on April 4, 2013: All IZHMASH Saiga 12 Shotguns.

    "Large capacity magazine." A detachable ammunition-feeding device with the capacity to accept more than 10 rounds of ammunition. The term does not include any of the following:

    (1) a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds;

    (2) a .22 caliber tube ammunition-feeding device; or

    (3) a tubular magazine that is contained in a lever-action firearm.

    Section 2. This act shall take effect in 60 days.
    How can you have any cookies if you don't drink your milk?

  2. #2
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    Default Re: 3-22-2018 PA Assault Weapon Ban & Semi Auto Gun Registration - SB17 Full Text

    Well, Fontana, Farnese, et al. can lick the sweat off my balls instead.

  3. #3
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    Default Re: 3-22-2018 PA Assault Weapon Ban & Semi Auto Gun Registration - SB17 Full Text

    Quote Originally Posted by Seph View Post
    Well, Fontana, Farnese, et al. can lick the sweat off my balls instead.
    A-fucking-men
    How can you have any cookies if you don't drink your milk?

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    Default Re: 3-22-2018 PA Assault Weapon Ban & Semi Auto Gun Registration - SB17 Full Text

    Gender confusion is a mental illness

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    Default Re: 3-22-2018 PA Assault Weapon Ban & Semi Auto Gun Registration - SB17 Full Text

    Pretty sure the authors of this legislation forgot to read the US and Pa Constitutions. Contingency plans should be in the works and ready to implement. We won't be carrying signs to Harrisburg this time.
    Corruption is the default behavior of government officials. JPC

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    Default Re: 3-22-2018 PA Assault Weapon Ban & Semi Auto Gun Registration - SB17 Full Text

    SO WHO HAS TO WORK ON APRIL,30th AGAIN?

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    Default Re: 3-22-2018 PA Assault Weapon Ban & Semi Auto Gun Registration - SB17 Full Text

    It looks like back stabbing Killion is now a co sponsor. I just sent him an email. And got in touch with Barrar to see what the deal is. I have a time scheduled to talk to him tomorrow

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    Default Re: 3-22-2018 PA Assault Weapon Ban & Semi Auto Gun Registration - SB17 Full Text

    I guess I will be making phone calls tomorrow. So how many felons will Penna have if this passes?lol

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    Default Re: 3-22-2018 PA Assault Weapon Ban & Semi Auto Gun Registration - SB17 Full Text

    Quote Originally Posted by Cloud View Post
    I guess I will be making phone calls tomorrow. So how many felons will Penna have if this passes?lol
    Maybe we should start picking cellmates now. I call streaker because he can probably build a tv and get the good cable channels in the cell.

  10. #10
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    Default Re: 3-22-2018 PA Assault Weapon Ban & Semi Auto Gun Registration - SB17 Full Text

    Quote Originally Posted by DK23 View Post
    Maybe we should start picking cellmates now. I call streaker because he can probably build a tv and get the good cable channels in the cell.
    dk what track is that ?

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