SB36 (2009) - Mandatory Lost and Stolen Firearm Reporting

[Freedom]

Start calling and writing your representatives:

http://www.legis.state.pa.us/cfdocs/...S&type=B&bn=36

Short Title: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, providing for report of theft or loss of a firearm.

Prime Sponsor: Senator TARTAGLIONE

Last Action: Referred to JUDICIARY, Jan. 20, 2009 [Senate]

[Agent Ronin]

Judicary Committee
http://www.legis.state.pa.us/cfdocs/...?body=S&cde=19

Officers
Greenleaf, Stewart J. , Chair sgreenleaf@pasen.gov
White, Mary Jo, Vice Chair mwhite@pasen.gov
Leach, Daylin , Minority Chair leach@pasenate.com
Scarnati, Joseph B., III, ex-officio jscarnati@pasen.gov

Majority
Browne, Patrick M. pbrowne@pasen.gov
Earll, Jane M. jearll@pasen.gov
Gordner, John R. jgordner@pasen.gov
Orie, Jane Clare jorie@pasen.gov
Piccola, Jeffrey E. jpiccola@pasen.gov
Rafferty, John C., Jr. jrafferty@pasen.gov

Minority
Boscola, Lisa M. boscola@pasenate.com
Costa, Jay costa@pasenate.com
Fontana, Wayne D. fontana@pasenate.com
Stack, Michael J. stack@pasenate.com




Get those emails out! Next Judiciary meeting is January 27, 2009.

[Brick]

Here's one more to oppose!

THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL


No. 36
Session of 2009

INTRODUCED BY TARTAGLIONE, FONTANA, WASHINGTON, WILLIAMS, HUGHES AND KITCHEN, JANUARY 20, 2009

REFERRED TO JUDICIARY, JANUARY 20, 2009

AN ACT


1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, in firearms and other dangerous
3 articles, providing for report of theft or loss of a firearm.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated Statutes
7 is amended by adding a section to read:
8 § 6115.1. Report of theft or loss of firearm.
9 (a) Duty to report.--Any owner or other person lawfully in
10 possession of a firearm who suffers the loss or theft of a
11 weapon shall within 24 hours of the discovery of the loss or
12 theft report the facts and circumstances of the loss or theft to
13 the police department having jurisdiction where the loss or
14 theft occurred. The person making the report shall provide the
15 following information:
16 (1) Name and permanent address of the owner.
17 (2) Name of the manufacturer and importer.
18 (3) Model.
1 (4) Type of action.
2 (5) Caliber or gauge.
3 (6) Serial number.
4 (7) Any other information deemed necessary by the
5 officer or police department receiving the report.
6 (b) Sharing of information.--When a person reports the loss
7 or theft of a firearm to a police department, the officer or
8 department receiving the report shall forward notice of the loss
9 or theft with the information obtained under subsection (a) to
10 the Pennsylvania State Police.
11 (c) Pennsylvania State Police.--The Pennsylvania State
12 Police shall receive, collect and file the information forwarded
13 to it under subsection (a). The Pennsylvania State Police shall
14 cooperate, and undertake to furnish or make the information
15 available to all law enforcement agencies in this Commonwealth,
16 for the purpose of coordinating law enforcement efforts to
17 locate the weapons.
18 (d) Penalty.--Notwithstanding any other provision of law, a
19 person who violates subsection (a) commits a summary offense
20 punishable by a fine not to exceed $500.
21 Section 2. This act shall take effect in 60 days.

20090SB0036PN0020
2

[-JD-]

Already going here: http://forum.pafoa.org/pennsylvania-...reporting.html

Mods please merge?

[Brick]

Below is an e-mail that I sent the members of the Judiciary Committee. It is not perfect, but, any member of the forum is welcome to use it as a base for their own letter of objection. Improve it, change it or ignore it as you see fit.

Dear Senators,

This is to state my objection to all three of these proposed laws, none of which will do the least bit of good in any fight against crime.

SB 27 is supposed to be aimed at preventing "straw purchases" of firearms, especially of multiple firearms. But straw purchases are already felonies under BOTH federal and Pennsylvania statute and convictions under Pennsylvania's laws are rare at best. If you don't believe me just read the reports from your own Commission On Sentencing. Consequently the only people this will effect are those who are not inclined to break the law.

SB 35 requiring registration of firearms (in this instance the definition has been broadened to include handguns, rifles and shotguns) in a city of the first class, was written by an author who has forgotten that the U. S. Supreme Court in Haynes v. U.S. decided that forcing a criminal to register illegally held firearms was "self incrimanating" and a violation of his 5th Amendment rights. Thereby making this proposed law useless as a crime fighting tool. But again it does attempt to control the actions of those who are law abiding. Additionally, a stretch of the firearms definition could make the proposed Section 6111.7 applicable statewide, instituting a statewide registry by the backdoor.

SB 36 mandatory reporting of lost or stolen firearms, was defeated just last year and the reasons for it's defeat haven't changed yet! This law is too easy to abuse! And it's abuse will come from both law enforcement and criminal. For example how will law enforcement handle the cases were a legitimate owner does not discover the loss until after his stolen property has been used in a crime? And as to those with criminal intent, how will a limit be set on the number of times or the number of firearms that may be reported as lost? So once more only the honest firearms owner is forced to comply.

Last I believe that before you undertake any laws that seek to control the rights of the law abiding people of this Commonwealth you need to read again these two section from ARTICLE I The Declaration of Rights from Pennsylvania's own Constitution.

Right To Bear Arms
Section 21.

The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

Reservation of Powers In People
Section 25.

To guard against the transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate