Clarification needed PA HB 1845

[xd675]

House Bill 1845 would specifically:

· Addresses the sentencing for the new crimes of murder of a law enforcement officer in the first degree, second degree murder of a law enforcement officer;

· License to carry a firearm shall be extended for 90 days after the end of deployment for any military person who possesses a license and who is deployed overseas.

· Increase the penalties for possessing a firearm with an altered serial number;

· Provide penalties for lying on federal paperwork to purchase a gun;

· Increase the statute of limitations for violation of Uniform Firearms Act and straw purchase offenses;

· Increase penalties for false reports of a stolen gun;

· Create a registry of firearms;

· Protect against unlawful seizure of firearms during an emergency;

· Give a valid PA license to carry a firearm for individuals deployed overseas that are in the military;

· Clarifies the state law regarding a PA license to carry a firearm while on state park property or operating a snowmobile/atv.

The House of Representatives passed House Bill 1845 on April 7, 2008 by a vote of 200-0. This legislation was passed by the Senate on October 8, 2008 by a vote of 50-0. I voted in support of this legislation when it was before the full Senate for consideration. This legislation now awaits the signature of Governor Ed Rendell.

Again, thank you for taking the time to contact me. If I can be of any further service to you on other matters in the Commonwealth, please contact my office.

Very truly yours,

PATRICK M. BROWNE

Senator, 16th District

Commonwealth of Pennsylvania

PMB/ljc

Lorre Cooper

--------------------------------------------------------

wtf is this registration???

[truecrimson]

My fiancee got the same letter today, and I was wondering the same thing. I did a search of the bill and every paragraph with registration mentioned was crossed out, so maybe that was from an older version.

[knight0334]

House Bill 1845 would specifically:

· Addresses the sentencing for the new crimes of murder of a law enforcement officer in the first degree, second degree murder of a law enforcement officer;

· License to carry a firearm shall be extended for 90 days after the end of deployment for any military person who possesses a license and who is deployed overseas.

· Increase the penalties for possessing a firearm with an altered serial number;

· Provide penalties for lying on federal paperwork to purchase a gun;

· Increase the statute of limitations for violation of Uniform Firearms Act and straw purchase offenses;

· Increase penalties for false reports of a stolen gun;

· Create a registry of firearms;

· Protect against unlawful seizure of firearms during an emergency;

· Give a valid PA license to carry a firearm for individuals deployed overseas that are in the military;

· Clarifies the state law regarding a PA license to carry a firearm while on state park property or operating a snowmobile/atv.

The House of Representatives passed House Bill 1845 on April 7, 2008 by a vote of 200-0. This legislation was passed by the Senate on October 8, 2008 by a vote of 50-0. I voted in support of this legislation when it was before the full Senate for consideration. This legislation now awaits the signature of Governor Ed Rendell.

Again, thank you for taking the time to contact me. If I can be of any further service to you on other matters in the Commonwealth, please contact my office.

Very truly yours,

PATRICK M. BROWNE

Senator, 16th District

Commonwealth of Pennsylvania

PMB/ljc

Lorre Cooper

--------------------------------------------------------

wtf is this registration???

That part wasn't passed. And it was a registry of stolen guns. ...not a "registration" like up in NY.

[AverageJoe]

If someone could help me here ... does this legislation render current DCNR state park restrictions null and void allowing LTCF holders to carry unrestricted (OC or CC) in state parks?

[LittleRedToyota]

If someone could help me here ... does this legislation render current DCNR state park restrictions null and void allowing LTCF holders to carry unrestricted (OC or CC) in state parks?

it definitely means LTCF holders can CC in a state park.

imho, the wording is such that it does not permit OC in a state park even with an LTCF. but i am not a lawyer.

[gnbrotz]

it definitely means LTCF holders can CC in a state park.

imho, the wording is such that it does not permit OC in a state park even with an LTCF. but i am not a lawyer.

Just curious exactly what wording (or lack thereof) is bringing you to this conclusion? Nothing in §6106 or §6109 requires licencees to conceal - and there's no new language that requires it either.

[AverageJoe]

Thanks LittleRedToyota, that's helpful.

Any idea when Big Ed plans on jotting his name to this? Also, does anyone now how long until it goes in to effect?

[Ret-Fed]

Just curious exactly what wording (or lack thereof) is bringing you to this conclusion? Nothing in §6106 or §6109 requires licencees to conceal - and there's no new language that requires it either.

HB 1845, Page 14, Lines 5-15:

5 (m.2) Inconsistent provisions.--Notwithstanding the
6 provisions of section 7506 (relating to violation of rules
7 regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727
8 (relating to additional limitations on operation), or the act of
9 June 28, 1995 (P.L.89, No.18), known as the Conservation and
10 Natural Resources Act, and regulations promulgated under that
11 act, a firearm may be carried as provided in subsection (a) by:
12 (1) a law enforcement officer whose current
13 identification as a law enforcement officer shall be
14 construed as a valid license to carry a firearm; or
15 (2) any licensee.


For me, it's hard to try to interpret HB1845, and it's references to effected statutes due to how it seems to be to a mis-mash of changes. However, don't lines 12-15 (above) seem to require that you must be a LEO or a "licensee" to carry a firearm ? And then, if you are a licensee, you could carry openly or concealed since no wording prohibits open carry.

[gnbrotz]

HB 1845, Page 14, Lines 5-15:

5 (m.2) Inconsistent provisions.--Notwithstanding the
6 provisions of section 7506 (relating to violation of rules
7 regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727
8 (relating to additional limitations on operation), or the act of
9 June 28, 1995 (P.L.89, No.18), known as the Conservation and
10 Natural Resources Act, and regulations promulgated under that
11 act, a firearm may be carried as provided in subsection (a) by:
12 (1) a law enforcement officer whose current
13 identification as a law enforcement officer shall be
14 construed as a valid license to carry a firearm; or
15 (2) any licensee.


For me, it's hard to try to interpret HB1845, and it's references to effected statutes due to how it seems to be to a mis-mash of changes. However, don't lines 12-15 (above) seem to require that you must be a LEO or a "licensee" to carry a firearm ? And then, if you are a licensee, you could carry openly or concealed since no wording prohibits open carry.

I agree. My question to LRT was what was his reasoning to think that OC (even by a licensee) is prohibited.

[LittleRedToyota]

I agree. My question to LRT was what was his reasoning to think that OC (even by a licensee) is prohibited.

the reason is that it specifically says: "firearm may be carried as provided in subsection (a)"

and subsection (a) says: "(a) Purpose of license.--A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth."

since subsection (a) specifically mentions concealed (or in a vehicle), i could see it being held that carrying "as provided in subsection (a)" means carrying concealed (or in a vehicle).

i hope i'm wrong.