Pennsylvania Firearm Owners Association
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  1. #1
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    Default 2nd Amendment- Rep Dave Zimmerman

    Email update from PA Rep Dave Zimmerman - 99th District

    It’s nice having such strong representation

    Second Amendment Update

    Some of you may be aware of an “article” (it was actually more of a hit piece) in LNP newspaper on Aug. 26, regarding our Second Amendment rights. The title was “Lancaster's state lawmakers respond — or don't -— to current gun proposals.” That is quite a misleading title, since every Republican member of the Lancaster delegation to the General Assembly did respond to the inquiries of the reporter who wrote the story.

    What the LNP reporter did was send all of us a “yes” or “no” survey of nine anti-Second Amendment bills currently introduced in the House of Representatives. We explained to this reporter that it is impossible to give yes or no answers to legislation that has not yet been amended or even had a vote held on it. In fact, any piece of legislation could be gutted and replaced with completely different language unrelated to the original bill with the same bill number and our yes or no answers supporting the new language remaining the same.

    LNP did not print the majority of our responses and only half quoted my response in an effort to denigrate my position by printing “State Rep. David Zimmerman, R-East Earl, said he opposes all attempts to infringe on a citizen’s ‘God-given right’ to bear arms but did not specify if he believes the SAFE bills would do that.”

    The LNP story is referring to the House SAFE caucus, a virulently anti-Second Amendment group of lawmakers dedicated to gradually eroding our rights under the guise of “commonsense gun safety legislation.”

    So, for the record, my entire response to this story was “I am a strong supporter of the Second Amendment, and the Pennsylvania Constitution is even more clear on our God-given right to defend ourselves, stating ‘That the right of the citizens to bear arms in defense of themselves and the State shall not be questioned.’ I oppose any further restrictions on the rights of our citizens.”

    My meaning was and is clear: I will not support any attempts to restrict our Second Amendment rights, which the U.S. Supreme Court in 2008 ruled that the Second Amendment protects an individual's right to keep and bear arms. Despite gun-grabbing politicians attempts to distort the Second Amendment as a collective right, and thus more easily regulated, the court was decisive and unambiguous.

    And, in fact, the Second Amendment is a God-given right. The Declaration of Independence asserts men are “endowed by their Creator with certain unalienable Rights.” The Bill of Rights are 10 freedoms and protections that flow from the Declaration’s “Inalienable Right’s” to protect us from politicians in search of pure power.

    It is in this spirit that I wanted to update you on current firearm legislation currently introduced in the House of Representatives. This is not an exhaustive list, but it is all the firearm-related bills that have been introduced as of this writing. This list does not include any Senate bills that may have been introduced. I have sorted these proposals in the categories of “anti-Second Amendment legislation,” “neutral,” and “pro-Second Amendment.”

    Keep in mind, the bills that are noted to have passed the House Judiciary Committee in the previous legislative session may not get the same treatment this session as the House Judiciary Committee, to which nearly all gun-related legislation is referred, now has a new chairman.

    Anti-Second Amendment Legislation

    House Bill 159 -Quinn – Require all firearm sales, regardless of the barrel length, be conducted in front of a licensed importer, manufacturer, dealer or county sheriff, except for familial transfers. Would also create a new provision to permit the issuance of a single background check approval that would remain valid for 48 hours for use at gun shows across the Commonwealth. (Last session House Judiciary Committee voted against reporting out HOUSE BILL 1400 by a vote of 14/13).

    House Bill 162 - Zabel – Restrict law-abiding citizens to the purchase of one handgun a month (one every 30-day period).

    House Bill 202 – Cruz – Would establish a statewide gun buy-back program.

    House Bill 204 – Cruz – Prohibit the sale of toy or imitation firearms, unless the toy or imitation is constructed in such a way that it is obviously not a real firearm.

    House Bill 307 – Gainey – Assault Weapons Ban – ban the possession, purchase, transfer, use or manufacture of a so-called “assault weapon.”

    House Bill 326 – Warren – “No Fly, No Buy” – legislation that would prohibit anyone who is currently on the federal terrorist watch list including no-fly lists from purchasing a firearm in Pennsylvania.

    House Bill 336 – Cruz – Prohibit individuals from carrying firearms, rifles or shotguns at any time in the Capitol Complex, including the annual Second Amendment Rally.

    House Bill 344 – Cruz – Firearm rentals at shooting range - requiring yearly background checks for people who would like to rent a firearm at an authorized shooting range.

    House Bill 377 – Issacson – Mandatory government destruction of all confiscated or recovered firearms.

    House Bill 378 – Issacson – Allow the government to determine what “mentally ill” means and allowing the government to create such a list of people that would be prohibited from possessing firearms.

    House Bill 459 and House Bill 462 – Cruz – Would require courts, mental health review officers and county mental health administrators to notify the Pennsylvania State Police within 72 hours that a person was adjudicated to be incompetent or was involuntarily committing an individual to a mental institution for inpatient treatment. Under current law, the deadline for sending the information is seven days. (Last session House Judiciary Committee reported out HOUSE BILL 2266 and HOUSE BILL 2267 for further consideration by two votes of 25/0, and they were rereferred to the Rules Committee on June 20).

    House Bill 467 – Cruz – Firearm Eligibility License – would require an individual to be at least 21 years of age, complete an application, live in Pennsylvania, complete a firearms safety training course within the last three years, and not be prohibited by law from purchasing or possessing a firearm.

    House Bill 525 – Briggs – Child Access Prevention – would legally require the safe storage of firearms in homes where children may be present under penalty of law.

    House Bill 532 – Warren – Require firearm owners to safely store all of their firearms when residing with a person who cannot legally possess a firearm.

    House Bill 610 - Cruz – Would create the Firearms Registration Act to require all firearms in the Commonwealth to be registered with the Pennsylvania State Police.

    House Bill 673 – Warren – All firearm sales must be subject to a background check, would not require a background check for firearms transfers between direct family members.

    House Bill 699 – McCarter – Ensure a 3D-printed firearm is treated as a standard firearm under law and is subject to all standing regulation, would also prohibit anyone from printing a firearm without a license from the federal government to manufacture firearms.

    House Bill 700 – McCarter – Ban the manufacturing, sale and possession of undetectable firearms, including 3D-printed firearms.

    House Bill 738 - Kirkland – Require all individuals provide an official form of photographic identification with every purchase of firearm ammunition.

    House Bill 740 – Kirkland – Prohibit the purchase of realistic toy firearms by individuals under 18 years of age, unless they are accompanied by an adult at the time of purchase.

    House Bill 768 – Cruz – Creation of a firearm registration within the Pennsylvania State Police.

    House Bill 1028 – McCarter – Firearm Restraining Orders - would give certain persons, including law enforcement officers, family or household members, the authority to petition the court for a firearm restraining order that would prevent the subject of the petition from having in his custody or control, purchasing, possessing or receiving a firearm. A restraining order would be issued for a fixed period of time, not to exceed one year. Would also require the court to issue a firearm restraining order in conjunction with a protection-from-abuse order.

    House Bill 1162 – Schweyer – Ban the sale or possession of so-called “assault weapons” for individuals under the age of 21.

    House Bill 1075 – Stephens – Extreme Risk Protective Order (EPRO) temporarily prohibit individuals who demonstrate an extreme risk of causing harm to themselves or others from possessing firearms or ammunition. (Last session House Judiciary Committee reported out HOUSE BILL 2227 for further consideration by a vote of 18/9, and it was referred to the Rules Committee on June 19).

    House Bill 1288 – Sanchez – Mandated reporting of lost or stolen firearms under penalty of law.

    House Bill 1289 – Sanchez – Ban on multi-burst trigger activators.

    House Bill 1365 – Murt – Expand the Gun Violence Task Force (GVTF).

    House Bill 1411 – Stephens – Improve firearm background checks by ensuring records of those disqualified from purchasing firearms due to mental health reasons in Pennsylvania are sent to the National Instant Criminal Background Check System (NICS).

    House Bill 1456 – Hohenstine – Increase penalties for “straw purchases” of firearms.

    House Bill 1494 – Sims – Background checks for ammunition sales.

    House Bill 1527 – Zabel – Ban “ghost gun” parts.

    House Bill 1748 – Driscoll – Would attempt to override long-established federal law requiring the private manufacture of firearms and require such to obtain a serial number or other identifying mark from a licensed firearms dealer and affix it to the firearm.

    House Bill 1753 – Ullman/Kinsey – Would require that individuals complete some sort of yet-to-be-determined firearm safety training course prior to purchasing the individual’s first firearm or prior to receiving a concealed carry permit.

    House Bill 1762 – Boyle – “Large capacity” ammunition magazines – Would ban any ammunition magazine larger than 15 rounds, and fire rounds for shotguns.

    House Bill 1764 – Bullock/Motiva – Would prohibit firearms and “other dangerous weapons” in public recreation areas.

    Neutral

    House Bill 165 – Donatucci – Voluntary No Firearm Purchase List - would establish a voluntary firearm purchase self-exclusion list to be maintained by the Pennsylvania State Police. An individual would be able to request placement on a list for one year, five years or lifetime, and could also voluntarily surrender any existing firearms to the PSP for safekeeping. (Last session House Judiciary Committee reported HOUSE BILL 273 out for further consideration by a vote of 21/6, and it was rereferred to the Rules Committee on June 19).

    House Bill 480 – Grove – Sale of confiscated firearms to improve funding for sheriffs departments without additional burdens on taxpayers.

    House Bill 724 – DeLuca – NRA- approved training required prior to conceal carry permit.

    House Bill 726 – DeLuca – Consecutive sentences on firearm charges.

    Pro-Second Amendment Legislation

    House Bill 251 – Gabler – Allow dealers to complete transactions absent the completion of an instantaneous records check when PICS is experiencing technical difficulties and the purchaser presents a valid Pennsylvania license to carry a firearm.

    House Bill 603 – Zimmerman – Would waive the fee that is imposed for the issuance of a license to carry a concealed firearm, where the applicant is an honorably discharged veteran or a person who is 65 years of age or older.

    House Bill 861 – Barrar – Actual enforcement of existing law by requiring prosecution of felons attempting to purchase firearms.

    House Bill 1066 – M.K. Keller – Would deter local jurisdictions from imposing illegal ordinances by providing that any party who successfully challenges one of these illegal local firearm ordinances would be entitled to reimbursement from the offending jurisdiction for their reasonable attorneys’ fees and costs to bring the lawsuit, and any loss of income suffered because of the illegal ordinance.

    House Bill 1244 – Ortitay – Repeal and replace Pennsylvania’s gun background check system as it is duplicative of the more accurate federal NICS system and improving the reporting of protection-from-abuse court orders.

    House Bill 1412 – Bernstine – Establish constitutional carry of a firearm in Pennsylvania as is the law in 13 other states.

    House Bill 1416 – Marshall – Would prohibit government entities or any public or private person from compiling registries and databases of firearm ownership.

    House Bill 1553 – Gabler – Firearms Freedom Act – would establish that firearms and firearm accessories that are manufactured and exclusively sold in the Commonwealth, carrying the brand “Made in Pennsylvania” (all clear indicators of intrastate commerce), would be subject only to state law.

  2. #2
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    Default Re: 2nd Amendment- Rep Dave Zimmerman

    Neutral

    House Bill 165 – Donatucci – Voluntary No Firearm Purchase List - would establish a voluntary firearm purchase self-exclusion list to be maintained by the Pennsylvania State Police. An individual would be able to request placement on a list for one year, five years or lifetime, and could also voluntarily surrender any existing firearms to the PSP for safekeeping. (Last session House Judiciary Committee reported HOUSE BILL 273 out for further consideration by a vote of 21/6, and it was rereferred to the Rules Committee on June 19).

    House Bill 480 – Grove – Sale of confiscated firearms to improve funding for sheriffs departments without additional burdens on taxpayers.

    House Bill 724 – DeLuca – NRA- approved training required prior to conceal carry permit.

    House Bill 726 – DeLuca – Consecutive sentences on firearm charges.
    I don't think that is neutral. He may read like something reasonable but who knows what they can add on to this such as police fingerprinting, police interviews, a practical test, limiting a carry license to only one handgun etc. It will just be more hoops to jump through and possibly more fees.

  3. #3
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    Default Re: 2nd Amendment- Rep Dave Zimmerman

    Quote Originally Posted by eagleclaw View Post
    I don't think that is neutral. He may read like something reasonable but who knows what they can add on to this such as police fingerprinting, police interviews, a practical test, limiting a carry license to only one handgun etc. It will just be more hoops to jump through and possibly more fees.
    That’s a good point. I missed that one when I skimmed it.

    If HB1412 is passed (Constitutional Carry) that training requirement bill become null & void

  4. #4
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    Default Re: 2nd Amendment- Rep Dave Zimmerman

    Quote Originally Posted by PickingPA View Post
    That’s a good point. I missed that one when I skimmed it.

    If HB1412 is passed (Constitutional Carry) that training requirement bill become null & void
    With the current Governor it is extremely unlikely.

  5. #5
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    Default Re: 2nd Amendment- Rep Dave Zimmerman

    Holy crap, more bills than I thought.
    Psalms 73:26

  6. #6
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    Default Re: 2nd Amendment- Rep Dave Zimmerman

    House Bill 165 – Donatucci – Voluntary No Firearm Purchase List - would establish a voluntary firearm purchase self-exclusion list to be maintained by the Pennsylvania State Police. An individual would be able to request placement on a list for one year, five years or lifetime, and could also voluntarily surrender any existing firearms to the PSP for safekeeping. (Last session House Judiciary Committee reported HOUSE BILL 273 out for further consideration by a vote of 21/6, and it was rereferred to the Rules Committee on June 19).
    What kind of idiot would place themselves on such a list? "Hey mister government, don't use my being on this list at some point to discriminate against me in the future. Where do I sign?" That should immediately disqualify you from state based aid programs since you're essentially opting out of the unorganized militia.

  7. #7
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    Default Re: 2nd Amendment- Rep Dave Zimmerman

    Quote Originally Posted by KJP442 View Post
    What kind of idiot would place themselves on such a list? "Hey mister government, don't use my being on this list at some point to discriminate against me in the future. Where do I sign?" That should immediately disqualify you from state based aid programs since you're essentially opting out of the unorganized militia.
    Joe Biden.
    Psalms 73:26

  8. #8
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    Default Re: 2nd Amendment- Rep Dave Zimmerman

    It is inconceivable at first glance because we do not have mental issues.

    The idea behind it is that a person who fluctuates in mental stability may know (when coherent) that they should not have weapons because they recognize they have issues, albeit temporary

    Voluntarily putting oneself on the list is not future prohibited. Getting put on the list through the legal system does result in potentially indefinite prohibition.

    In its basic form, it’s a non permanent exclusion. Although, as mentioned, it could certainly be used against someone long after being removed from the list

  9. #9
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    Default Re: 2nd Amendment- Rep Dave Zimmerman

    Quote Originally Posted by KJP442 View Post
    What kind of idiot would place themselves on such a list? "Hey mister government, don't use my being on this list at some point to discriminate against me in the future. Where do I sign?" That should immediately disqualify you from state based aid programs since you're essentially opting out of the unorganized militia.
    That bill was discuss sometime ago. One theory is that it could be used in a child custody battles. For example the husband can get custody or more custody if he puts himself on a firearms ban list. Another possibility is judges can use it for sentencing in a crime that is not prohibiting. For example someone gets sentenced for a standard DUI may be ordered by a judge to sign up for a 1 or two year ban list.

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