HB 1744 House Vote on Nov 14

[WhiteFeather]

In case some of you missed or did not know HB 1744 is scheduled for a vote on Nov 14.
Here is Kim Stolfer and other people review of HB 1744
Start writting your Reps and other Reps as well to oppose this bill, send emails to all 203 house Reps urging a NO Vote.
Time to so something and let your voice be heard in Harrisburg

IF you need Reps email address go to this link

http://acslpa.org/n-legislative/pa_p...egislation.htm

"IMPORTANT PA Gun News & Information"


HB 1744 pn 2806 (2007 Session)

Legislative Review

Overview:

This legislation is a combination of numerous concepts some of which remain unacceptable. The various elements are as follows:

It modifies §3903 of title 18 (grading of theft offenses) theft of a firearm by eliminating the definitive criteria of actually being in the ‘business of buying or selling stolen property’.
This provision will allow prosecutors to charge ‘anyone’ with possession of a stolen gun even IF that gun was acquired by legitimate means ‘at any time’ without any protections that currently exist under the law.

**Position—Recommend Oppose

It requires a notice to be provided to firearms purchasers that advises them of the legal obligations and restrictions regarding lending or transferring a firearm as established in subsection 6115 of title 18.
NOW the anti-gunners in Harrisburg have just come up with a new idea: send gun dealers to prison if they fail, or are even accused of failing, to notify every customer of Pennsylvania Law. How will a dealer PROVE that he gave the individual the notice if receipt of a notice is contested by a straw purchaser? Will a dealer be prosecuted for the penalty in §6119 of Title 18? Will a gun dealer who deviates one word from what the state instructs him to tell his customers be in violation of the law?

**Position—Recommend Opposition

It establishes a study to be conducted by the Joint State Government Commission that will examine three distinct areas of Pennsylvania law under the Uniform Firearms Act and judicial action relating to it.
The three areas are as follows:
It will study multiple purchases of firearms utilizing a 30 day window of ALL firearms sales as to the likelihood that these purchases are a contributing factor in the use of firearms in criminal activity.
The number of arrests for violations of the uniform firearms act during the period of the study and for three years preceding the study
The number of convictions for violations of the uniform firearms act during the period of the study and for three years preceding the study.
The study authorizes the Pennsylvania State Police to retain firearms purchase records in defiance of Federal law which prohibits the retention of these records as does Pennsylvania state law so as to compile the data as part of the joint State Government commission study on the multiple purchase of firearms concept.
The information compiled is to be made available to the Attorney General of the state of Pennsylvania for law-enforcement purposes and no identifying information may be publicly released according to the restrictions set forth in this legislative language.
Considering past examples during the Governor Casey administration and its manipulation of the notorious ‘Weapons Database Report’ of the PA State Police on Assault Weapons which sought to label small caliber semi-automatic handguns as assault weapons and the Governor Ridge administration’s handling of the data from the hearings before the ‘Committee to Study the Use of Automatic and Semi-Automatic Assault Weapons in Crime that resulted in the outrageous ACT 17 of 1995, which required four major packages of amendments to fix unworkable and unjust language over the last decade. Gun owners have no reason to trust the outcome of this report nor the claims of confidentiality. Further, the issue of ‘multiple sales of firearms’ has been thoroughly examined and dismissed as ineffective by the National Academy of Science and the Centers for Disease Control. In addition there aren’t sufficient safeguards or oversight of the conclusions that are rendered in this report nor is there a provision for peer review that would allow for a critical analysis of the conclusions.

It clarifies the law as to who pays for materials on the distribution of uniform firearms laws and safety brochures and notices and that these documents will be provided at no cost to the dealer for distribution to the purchasers of firearms.
**Position—Recommend Opposition

It empowers the creation of a joint local/state firearms task force between the Attorney General and any County District Attorney. This task force is empowered to address violation of the uniform firearms act and the jurisdiction of the Attorney General is limited as per the Commonwealth Attorneys act.
This approach is NOT directed at the career recidivist criminal but at ‘gun violence’ which is an arbitrary and emotional tag on ‘guns’ and not the perpetrators of the crimes. Task forces have a history of needing numbers to justify the expenditure of monies and this compulsion ends up targeting the unintentional transgressor with the same gusto and energy as those who commit violent crime. This also does nothing to address the problems of the courts and prosecutorial miscues.

**Position—Recommend Opposition

It establishes a Firearm Safety Education Program that would provide for the establishment of a firearm safety education program in the office of the Attorney General of Pennsylvania.
The general assembly findings that are part of this program preys upon the emotional concept of firearm related accidents among children.
The National Rifle Association and the eagle gun safety program is highlighted as an endorsed and recommended program that has been in use by public and private schools, law enforcement agencies and civic organizations and is endorsed by same.
It establishes a firearm safety education fund in the initial amount of $100,000 to be appropriated from the general fund. Educational programs shall be approved by the office of Attorney General. Grants from the firearm safety education fund will be prioritized based upon the incidence of firearms accidents and violence in the County where the school is located.
The problems with the section on the firearms safety education program are that this section states "education programs SUCH AS the Eddie Eagle Gun Safe Program" thereby authorizing the application by many other entities such as the Brady Campaign to End Gun Violence, the Violence Policy Center, a Coalition to End Gun Violence, etc.. (See HB 1744 Language Below)

**(6) it is therefore in the best interests of this commonwealth to establish a firearm safety education program within the office of attorney general to provide resources and direct grant money to schools to offer FIREARM SAFETY EDUCATION PROGRAMS SUCH AS the Eddie Eagle Gun Safe Program.

This legislation also **REQUIRES schools seeking to implement "firearm safety education" to seek funding and pro bono services from individuals and OTHER ENTITIES to carry out that educational program thus opening the door to foundations and other organizations that are committed opponent's of firearms ownership such as the Joyce foundation, the Pew foundation, etc.. Guess which option the city fathers of Philadelphia, among other cities, will chose. In addition schools** will be able, and are in fact compelled, to go to ‘other’ funding sources such as non-profit corporations to carry out this firearm education. (Is the funding for this per school or per school district?) This opportunity opens up the tender minds of our children to the skillful manipulation of foundations like the Joyce Foundation (which pours $-millions into the anti-gun agenda) and others that are virulently anti-gun. (See HB 1744 Language Below)

**(d) duty to seek other sources of funding.--a school shall seek all available funding, including federal funding or funding available from nonprofit corporations, and shall seek to engage pro bono services from individuals and other entities to carry out firearm safety education.

In essence the Attorney General reviews, approves and selects the curriculum, establishes the grant program, and administers the grant program. Under a different Attorney General, how many schools that selected the Eddie Eagle curriculum would receive any grant monies? Additionally, is it proper to give law enforcement control over a portion of the compulsory educational system in the commonwealth? We don’t think it is, and it sets a dangerous precedent.

**Position—Recommend Opposition

In addition to the provisions outlined above, other amendments have been filed for consideration with this legislation. One of them seeks to fold into this legislation the language from House Bill 641, the Castle Doctrine.

A04061 CAPPELLI 11-08-07 - Provides for self-protection by adding that an individual is presumed to have a reasonable belief that deadly force is immediately necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat if both of the following exist: (1) the person against whom the defensive force was used was in the process of unlawfully and forcefully entering a dwelling, residence or occupied vehicle, or if that person unlawfully and forcefully removed another against that other's will from the dwelling, residence or occupied vehicle; and (2) the individual had reason to believe that an unlawful and forceful entry or act was occurring or had occurred. A person who unlawfully and by force enters or attempts to enter an individual's dwelling, residence or occupied vehicle is presumed to be doing so with the intent to commit an act resulting in death or serious bodily injury or kidnapping or sexual intercourse by force or threat. Also provides for civil immunity for use of force.

**Position—Recommend Support

A04094 CREIGHTON 11-08-07(Filed, Not on HVS) - Inserts language adding citizenship or immigration status to the definition of "criminal history record information." Further provides an arresting authority has to inquire into the citizenship and immigration status of all persons arrested for a felony, misdemeanor or summary offense. Also provides the arresting authority shall cooperate with Federal immigration authorities. In addition, statistical information concerning the citizenship and immigration status of all persons arrested for a felony, misdemeanor or summary offense has to be included in the Pennsylvania Uniform Crime Reporting Program. Also a board, commission or department of the Commonwealth, for the purposes of licensing, may consider verification that an applicant is unlawfully present in the United States.

**Position—Recommend Neutrality

(Our thanks to Melody Zullinger and the PFSC for forwarding the notice of the above two new amendments.)

Pending Legislative Action:

This legislation is scheduled to be heard this coming Wednesday the 14th of November. Please provide your views and thoughts on either outright opposition, suggested amendments or selective dissection of this bill as each amendment comes up for a vote on Wednesday.

Thank you!

Kim Stolfer

ACSL, Legislative Committee, Chairman

www.acslpa.org

FOAC, Chairman

www.foac-pac.org

PSA, Legislative Committee, Vice-Chairman

(412) 221-3346, Home Phone

(412) 257-1099, Home Fax

(412) 352-5018, Cell


Other PAFOA post here about HB 1744

http://www.pafoa.org/forum/pennsylva...er-update.html

[WhiteFeather]

PRIORITY: High

***Allegheny County Sportsmen's League*** November 11, 2007



LEGISLATIVE ALERT--COALITION



Issue: Update HB 1744—House Floor Action Imminent on HB 1744 (Review of legislation is attached along with the latest version of the bill)



House Bill 1744 has been amended in the Judiciary Committee and is scheduled for House Floor action (the current version is attached). In some ways the amendments have made this legislation even worse. Attached to this message is a review of the issues currently contained in the legislation. This legislation is scheduled for 2nd consideration this coming Wednesday the 14th.



The ACSL and the PSA have examined this legislation and we are in agreement with the attached review. We are VERY concerned about the section on ‘firearms education in the schools’ and the likelihood of it opening up a new dimension of propagandizing these issues with kids. It is ‘highly’ unusual to put a school funding issue into the Crimes Codes (Title 18) to say the least. You will notice that the dedicated anti-gun legislators like Rep. Dan Frankel and the Philadelphia legislative contingent ALL voted FOR (Votes Attached) this legislation AND the amendments. It is our belief that they KNOW what opportunities exist for their agenda in this legislation. We would also remind you that we have been ‘very’ lucky with our current Attorney General (Tom Corbett) and that it is ‘highly possible’ that the next Attorney General could end up behaving like Ernie (ban Assault Weapons) Preate or have an anti-gun/anti-hunting philosophy. This one provision alone provides ‘complete control’ over the implementation of ‘firearms safety training’ in perpetuity.



Please review the various amendments and our analysis and communicate to your legislators ASAP your position on this bill. It is our understanding that current PA House rules controlling action on legislation have amendments voted on at the 2nd consideration vote and then the entire bill is voted on in 3rd consideration. We RECOMMEND OPPOSITION to this legislation in its current form.



Thank you for your time and YOUR consideration of these issues.



Kim Stolfer

Legislative Committee, Chairman

Allegheny County Sportsmen's League, Inc.

www.acslpa.org

(412) 221-3346, Home Phone

(412) 257-1099, Home Fax

(412) 352-5018, Cell

[D-FENS]

It's not my best work but I felt I had to get something out. I sent this to Frankel and Bennington

Hi, It's my understanding that HB1744 is coming up for vote on the 14th. I would like to express my opposition to this bill. First, it's my feeling that forcing gun dealers to explain PA Firearm Law is in violation of the First Amendment and their Right to Free Speech. Secondly, why wouldn't car salesmen be forced to explain the Motor Vehicle Code? I feel that to enforce this law would devastating on stores and shops that sell or build firearms and also set dangerous precedent. It's my feeling that just like buying a car, though not a Constitutional Right, this is up to the buyer to know and understand the law. The nature of our system requires all citizens beware of the law, why would firearm law be an exemption to this if not as a reason to harass the sellers of firearms? Finally, I don't feel this is going to be cost effective and I don't feel it's right to turn firearm sellers into lawyers. It only serves to burden them in an already tough market competing against Internet sales. Thank you

EDIT: Looks like Frankel is one of the assholes that wrote this thing. I wish my letter was filling with a bit more ball-breaking

[armabill]

I sent emails to my reps against the legislation.

[Brick]

Looks like we might have a little more time to fight this in committee, but this time the Appropriations Committee, where the bill was sent on Nov. 1.

Here are the results of the JUDICIARY COMMITTEE's vote on HB 1744

AYES: 25
NAYS: 3
NV: 1

That means that the Republicans on the Committee voted in favor also. The Nay votes were: Democrats J. White & J. Petrarca and Republican Gabig.

I would bet dollars to Donuts that White voted against because the virulenly anti-gun parts were worked out of this bill to make it only mildly anti.