Handcrafting the Arms Liberty Omnibus (uber)Bill

[MDJschool]

I suppose I've been talking for a while about creating the freemen full-scale-repeal bill of most of the UFA and several other related arms provisions. I wanted to open it up to a clearinghouse for concerns and suggestions to make sure all the bases are covered, as well as get a few answers about the legislative process and statutory construction. The point of the bill is to be one that covers all the arms liberty we deserve germane to a single bill without concern for the bills passage. The purpose is to have some assemblyperson put forth the bill pursuant to his oath to support the constitutions. What the bill would do is be so extreme that lesser bills may seem more reasonable.

To start off, my questions are:
will any law be resurrected (i.e. will we suddenly be subject to 'new' penal laws if any part of the UFA is repealed?
if 6106(b) is repealed, what will happen to the statutes that incorporate it by reference?

My next post will include the softball plans for 6101 et seq., i.e. what to simply delete.

[knight0334]

We need to get rid of most of the UFA. High priority with carrying and possession passages like 6106, 6106.1, 6108, and 6105. Then we need to get rid of the transfers and loan/gift passages 6111 and 6115.

6109 needs revised, but most of which left in place for reciprocal coverage. 6118 needs revised to remove the language about carrying antique guns in regards to 6106.

[MDJschool]

6109 needs revised, but most of which left in place for reciprocal coverage. 6118 needs revised to remove the language about carrying antique guns in regards to 6106.

6118 doesn't matter when 6106(a) goes, and it will in this bill as a matter of top priority.

I'm not completely sure what to do with 6109 in this bill. I have two theories about the direction of licensing.

The first theory is that licensing is so repugnant that we should simply not have it as to not encourage the other states to have it. Although licenses for PA law purposes will be annihilated under the ALOB, there is still federal contentions to deal with, so then we'd have to have a section under 6109 decrying what the fedgov is doing it and annulling it, and making penalties for prosecution under the illegal fedgov gun laws that involve licensing under state law, and then maybe have another section that automatically licenses everyone as a matter of law.

The second theory is that while we should nix all the penal law under the UFA, we should have a tiered license system that allows us to have reciprocity with the largest number of states of the several states. That system would be such that the lowest level license includes just a background check, and the next one includes training, and the next one includes fingerprints, etc. While such a license will not be allowed to have any purpose in PA, it would protect Pennsylvanians in the most states possible.

The next question, under theory two, is whether that kind of aggrandizement should occur in a bill whose primary purpose is to see Pa. Const. art. I, §§ 1, 21, and 25 recognized. Perhaps the licensing multitiered system is fit for another bill alone, its purpose being extraterritorial.

6109 will in any case be altered in this bill, to what extent I'm not yet sure. I would be in favor of cutting it down to only that which is required to retain current reciprocity and no more for the purposes of this bill.

I'm probably going to wish I put this together while Sam Rohrer was still in office.

[Azzy]

Repealing the licensing of carry would have a negative effect on reciprocity with other states. Making it not needed but an option for travel would be swell.

[MDJschool]

Here's some planning...since I can't imagine a section I won't touch, skipped sections of statute are just because I didn't want to work with them quite yet.

§ 6101. "Short title of subchapter" This subchapter shall be known and may be cited as the Pennsylvania Uniform Firearms <<+Liberty Restoration+>> Act<<- of 1995->>.
* * * * *
§ 6103. "Crimes committed with firearms" Repealed.
§ 6104. "Evidence of intent" Repealed.
* * * * *
§ 6106. <<-"Firearms not to be carried without a license"->>"Exceptions" (a) Repealed.
(b) Exceptions.--<<-The provisions of subsection (a) shall not apply to:->><<+The following exceptions shall apply as incorporated by reference:+>>
[...]
§ 6106.1. "Carrying loaded weapons other than firearms" Repealed.
§ 6107. "Prohibited conduct during emergency" (a) Repealed.
(b) Seizure, taking and confiscation.--<<-Except as otherwise provided under subsection (a) and n->><<+N+>>otwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any other provision of law to the contrary, no firearm, accessory or ammunition may be seized, taken or confiscated during an emergency unless the seizure, taking or confiscation would be authorized absent the emergency.
[...]
§ 6108. "Carrying firearms on public streets or public property in Philadelphia" Repealed.
* * * * *
§ 6110.1. "Possession of firearm by minor" Repealed.
§ 6110.2. "Possession of firearm with altered manufacturer's number" Repealed.
* * * * *
§ 6115. "Loans on, or lending or giving firearms prohibited" Repealed.
* * * * *
§ 6117. "Altering or obliterating marks of identification" Repealed.
* * * * *
§ 6121. "Certain bullets prohibited" Repealed.
* * * * *

That's all the softball stuff for the UFA1995 subchapter.

[MDJschool]

Here's some softballing for INCHOATE CRIMES under title 18:

* * * * *
§ 907. "Possessing instruments of crime" (a) Criminal instruments generally.--A person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ it criminally.
(b) Repealed.
(c) Repealed.
[...]
§ 908. "Prohibited offensive weapons" Repealed.
§ 908.1. "Use or possession of electric or electronic incapacitation device" Repealed.
* * * * *
§ 912. "Possession of weapon on school property" Repealed.
§ 913. "Possession of firearm or other dangerous weapon in court facility" Repealed.

[MDJschool]

§ 5122. "Weapons or implements for escape" Repealed.

[-JD-]

6118 doesn't matter when 6106(a) goes, and it will in this bill as a matter of top priority.

I'm not completely sure what to do with 6109 in this bill. I have two theories about the direction of licensing.

The first theory is that licensing is so repugnant that we should simply not have it as to not encourage the other states to have it. Although licenses for PA law purposes will be annihilated under the ALOB, there is still federal contentions to deal with, so then we'd have to have a section under 6109 decrying what the fedgov is doing it and annulling it, and making penalties for prosecution under the illegal fedgov gun laws that involve licensing under state law, and then maybe have another section that automatically licenses everyone as a matter of law.

The second theory is that while we should nix all the penal law under the UFA, we should have a tiered license system that allows us to have reciprocity with the largest number of states of the several states. That system would be such that the lowest level license includes just a background check, and the next one includes training, and the next one includes fingerprints, etc. While such a license will not be allowed to have any purpose in PA, it would protect Pennsylvanians in the most states possible.

The next question, under theory two, is whether that kind of aggrandizement should occur in a bill whose primary purpose is to see Pa. Const. art. I, §§ 1, 21, and 25 recognized. Perhaps the licensing multitiered system is fit for another bill alone, its purpose being extraterritorial.

6109 will in any case be altered in this bill, to what extent I'm not yet sure. I would be in favor of cutting it down to only that which is required to retain current reciprocity and no more for the purposes of this bill.

I'm probably going to wish I put this together while Sam Rohrer was still in office.

How about explicit "automatic" licensure to deal with the federal issue?

Consistent with Art. 1 Sec. 21 of the Pennsylvania Constitution, all persons of majority who are not specifically proscribed by legal disability shall be recognized as explicitly licensed to possess; transport; and carry, openly or concealed, all weapons, tools, and implements not specifically prohibited.

[MDJschool]

§ 5515. "Prohibiting of paramilitary training" Repealed.

[MDJschool]

Here's a practice idea since I don't know where the money goes if we repeal the whole thing. Suggest alternatives such a firearms education in schools, etc. or state an objection to repurposing already-purposed tax money for this purpose or to whom presides over it, for example.

Subchapter D. Straw Purchase Prevention Education Program

§ 6181. "Scope of subchapter" This subchapter provides for the establishment of the <<-Straw Purchase Prevention Education Program->><<+Unlawful Disarmament Victims Fund Program+>> within the Office of Attorney General.
§ 6182. "Legislative findings and declarations" Repealed.
§ 6183. "Definitions" Repealed.
§ 6184. "Straw Purchase Prevention Education Program" (a) Establishment.--The Straw Purchase Prevention Education Program is established and shall provide resources and direct grant money to underwrite the cost of implementing an educational and public service outreach program in the community.
(b) Repealed.
(c) Repealed.
(d) Disposition.--The Unlawful Disarmament Victims Fund Program is established and shall provide resources and direct grant money to underwrite the cost of implementing transitory restitutions for the unlawful seizing of arms. All money and resources in place are intended to be repurposed from the Straw Purchase Prevention Education Program into the Unlawful Disarmament Victims Fund Program.
§ 6185. "Powers and duties of Attorney General" In addition to any other powers and duties, the Attorney General of the Commonwealth shall:
<<-(1)->><<+(a)+>> Establish a grant program to provide moneys from the <<-fund pursuant to section 6184 (relating to Straw Purchase Prevention Education Program).->><<+Unlawful Disarmament Victims Fund to carry out the provisions of this subchapter.++>
<<-(2)->><<+(b)+>> Promulgate rules and regulations to carry out the provisions of this subchapter.
<<+(c) Dispense moneys from the Unlawful Disarmament Victims Fund upon a court order:
(1) A court order providing for the dispensation of moneys shall resulting from any of the following:
(i) a judgment of relief under 18 Pa.C.S. § 6105(f)(4) specifying loss, damage or substantial decrease in value, or
(ii) an order of restitution under a conviction for official oppression (18 Pa.C.S. 5301) materially involving a firearm.
(2) Application shall be made for order dispensing moneys at any time during a period in which the court has the power to compel the law enforcement agency under subsection (c)(1)(i) or the defendant under subsection (c)(1)(ii) to pay moneys to the applicant.
(3) Application may be made by victim or any party who my have standing in lieu of victim, on the vicitm's behalf.
(4) Order for dispensation shall include all of the following:
(i) Docket number under which judgment was issued.
(ii) Name, and if known, mailing address of applicant.
(iii) For an order under subsection (c)(1)(i), the name and mailing address of the law enforcement agency; for an order under (c)(1)(ii), the name and mailing address of the defendant.
(iv) Total amount ordered paid to victim under original judgment of relief or for restitution.
(v) Total amount having been paid or in escrow, including held by the court, to defendant, under the original judgment, as of the date of the order for dispensation from Unlawful Disarmament Victims Fund.
(vi) Total amount to be dispensed to the victim or party with standing, which is the amount specified in subsection (c)(4)(v) less the amount specified in subsection (c)(4)(v).
(vii) Statement directing Attorney General to dispense moneys from Unlawful Disarmament Victims Fund equal to amount in subsection (c)(4)(vi).
(viii) Statement directing, for an order under subsection (c)(1)(i), the law enforcement agency, or for an order under subsection (c)(1)(ii), the defendant, to discontinue payment(s) of remaining amount under (c)(4)(vi) to whomever such payment(s) has been remitted, and to begin remitting the balance to the court which issued order for dispensation.
(ix) Statement directing court issuing order to receive payments until such time as payments have satisfied judgment for amount under subsection (c)(4)(vi), at which time amount under (c)(4)(vi) shall be remitted to the Attorney General.
(x) Name and mailing address of the court issuing the order of dispensation.
(5) Order shall be served upon all parties noted within order under subsection (c)(4).
(6) Payments issued by law enforcement agency or defendant to the victim, party with standing on victim's behalf, or the court which issued the original judgment, following the order of dispensation, shall be remitted by their recipient to court which issued the order of dispensation. Court issuing order of dispensation shall receive the payment moneys and apply them toward the satisfaction of the remaining amount under subsection (c)(4)(vi).
(7) Court receiving overpayment shall remit remaining overpayments to the overpayors following the remittal of the amount under subsection (c)(4)(vi).
(8) If, upon receipt of order for dispensation, the Attorney General determines that the amount specified under subsection (c)(4)(vi) is greater than the remaining moneys in the fund, the Attorney General shall serve upon all parties noted within order under subsection (c)(4) notice that the amount under (c)(4)(vi) cannot be remitted to the victim. Upon receipt of notice, payments made by the law enforcement agency or the defendant shall continue to be made to the court issuing the order of dispensation. The court having issued the order of dispensation shall make payments to the victim or party with standing on behalf of the victim according to the schedule that existed prior to the order of dispensation.
(9) When the address of the victim is unknown or the Attorney General has received a returned payment, the Attorney General shall remit the moneys to the court issuing the order of dispensation, whereby victim may receive it.
(d) Receive remittals of moneys from courts satisfying orders issued pursuant to subsection (c) and apply those moneys to the Unlawful Disarmament Victims Fund.+>>
§ 6186. "Straw Purchase Prevention Education Fund"
(a) Establishment.--The Straw Purchase Prevention Education Fund is hereby established in the State Treasury as a restricted account. The fund shall consist of funds appropriated by the General Assembly.
<<+(a.1) Disposition.--The Unlawful Disarmament Victims Fund is hereby established in the State Treasury as a restricted account. The fund shall consist of funds appropriated from the entirely of the Straw Purchase Prevention Education Fund, from moneys remitted to the Attorney General and applied to the fund under the provisions of this subchapter, and from costs or fines specifying application to the Unlawful Disarmament Victims Fund as provided by law.+>>
(b) Continuing appropriation.--All moneys in the fund<<+s under this section+>> and the interest accruing thereon are hereby appropriated to the Office of Attorney General on a continuing basis to carry out the provisions of this subchapter.
§ 6187. Transfer for initial funding
The sum <<-of $100,000->><<+remaining in the Straw Purchase Prevention Education Fund+>> is hereby transfered <<-from the General Fund to the Straw Purchase Prevention Education Fund->><<+to the Unlawful Disarmament Victims Fund+>> for expenditure <<-during the fiscal year July 1, 2009, to June 30, 2010->>, to carry out the provisions of this subchapter. <<+Upon July 1 of every year following, any sum found in the Straw Purchase Prevention Education Fund shall be transfered to the Unlawful Disarmament Victims Fund.+>>