Pennsylvania Firearm Owners Association
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  1. #21
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    Default Re: Definitions of "Firearms"

    Quote Originally Posted by GunLawyer001 View Post
    A pellet gun can be a weapon or an instrument of crime, but here in PA it can't be a "firearm".
    What about the manually charged spring-action kind? I was under the impression that crossbows are firearms for the purposes of 6106 because they're designed to expel a projectile by the action of the frame or receiver, and I don't understand how that is considered functionally any different. Both are functionally identical with elastic potential energy stored within the device to be released by a trigger.
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  2. #22
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    Default Re: Definitions of "Firearms"

    Quote Originally Posted by greenjohn88 View Post
    What about the manually charged spring-action kind? I was under the impression that crossbows are firearms for the purposes of 6106 because they're designed to expel a projectile by the action of the frame or receiver, and I don't understand how that is considered functionally any different. Both are functionally identical with elastic potential energy stored within the device to be released by a trigger.
    You are misinterpreting the meaning of the defintion.

    (e) Definitions.--
    (1) For purposes of subsection (b)(3), (4), (5), (7) and
    (8), the term "firearm" shall include any weapon which is
    designed to or may readily be converted to expel any
    projectile by the action of an explosive or the frame or
    receiver of the weapon.
    The definition includes:

    1. "any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive"
    2. "or the frame...of the weapon (which is designed to or may readily be converted to expel any projectile by the action of an explosive)"
    3. "receiver of the weapon (which is designed to or may readily be converted to expel any projectile by the action of an explosive)"

    That would not include crossbows, or airsoft arms (whether they use a spring or CO2).
    *Ruining it for everybody since 2007

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  3. #23
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    Default Re: Definitions of "Firearms"

    Quote Originally Posted by gnbrotz View Post
    You are misinterpreting the meaning of the defintion.



    The definition includes:

    1. "any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive"
    2. "or the frame...of the weapon (which is designed to or may readily be converted to expel any projectile by the action of an explosive)"
    3. "receiver of the weapon (which is designed to or may readily be converted to expel any projectile by the action of an explosive)"

    That would not include crossbows, or airsoft arms (whether they use a spring or CO2).
    Yep.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Thanks to all who attended my Firearms Law Workshops this year!

  4. #24
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    Default Re: Definitions of "Firearms"

    Quote Originally Posted by 4thdimension View Post
    There are multiple definitions so its easier for cops and prosecutors to screw over people. If one definition doesn't fit their needs there are others that might. The judicial system is designed to be manipulated to the benefit of the prosecution. Judges are supposed to be impartial arbitrators of the law but they are rarely impartial.
    No. Except for the botched McKown case, courts can't take terms from one statute and replace the conflicting term in another statute.

    For purposes of carrying a concealed "firearm" in 6106, the default definition in 6102 applies, and any handgun or SBR counts:

    “Firearm.” Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

    If you become a prohibited person, that definition is expanded in 6105, to include stripped frames and receivers, and all long guns as well:

    (i) Firearm.--As used in this section only, the term “firearm” shall include any weapons which are designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

    A non-prohibited person carrying a stripped frame in his pocket, without an LTCF, can't be convicted in a fair court with competent counsel of violating 6106, but a prohibited person COULD be properly charged under 6105 for possessing a "firearm" within the meaning of 6105.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Thanks to all who attended my Firearms Law Workshops this year!

  5. #25
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    Default Re: Definitions of "Firearms"

    Quote Originally Posted by GunLawyer001 View Post
    No. Except for the botched McKown case, courts can't take terms from one statute and replace the conflicting term in another statute.

    For purposes of carrying a concealed "firearm" in 6106, the default definition in 6102 applies, and any handgun or SBR counts:

    “Firearm.” Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

    If you become a prohibited person, that definition is expanded in 6105, to include stripped frames and receivers, and all long guns as well:

    (i) Firearm.--As used in this section only, the term “firearm” shall include any weapons which are designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

    A non-prohibited person carrying a stripped frame in his pocket, without an LTCF, can't be convicted in a fair court with competent counsel of violating 6106, but a prohibited person COULD be properly charged under 6105 for possessing a "firearm" within the meaning of 6105.
    The courts do whatever they want to unless a person has a good defense and most can't afford one. You're a lawyer. You should know how crooked the system can be. Even when they get caught they are rarely held accountable.

  6. #26
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    Default Re: Definitions of "Firearms"

    Quote Originally Posted by gnbrotz View Post
    1. "any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive"
    2. "or the frame...of the weapon (which is designed to or may readily be converted to expel any projectile by the action of an explosive)"
    3. "receiver of the weapon (which is designed to or may readily be converted to expel any projectile by the action of an explosive)"
    That makes sense.

    the term "firearm" shall include any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of the weapon.
    All I want for Christmas are some god damned commas.
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