Pennsylvania Firearm Owners Association
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  1. #1501
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    Dec 2008
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    Western Berks Co., Pennsylvania
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    Default Re: ATF Just Dropped Their Brace Ruling

    Unless I remember incorrectly, it seems that all NFA items are illegal in PA.

    Federal registration is a legitimate defense to prosecution.

    If the NFA goes away, will PA state law need to be changed, also?
    NEVER TRUST A PRIVATE WITH A LOADED WEAPON OR AN OFFICER WITH A MAP

  2. #1502
    Join Date
    Oct 2007
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    Phoenixville, Pennsylvania
    (Chester County)
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    Default Re: ATF Just Dropped Their Brace Ruling

    All NFA items are legal in PA.

  3. #1503
    Join Date
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    Default Re: ATF Just Dropped Their Brace Ruling

    Quote Originally Posted by sbmania View Post
    All NFA items are legal in PA.
    As long as they are registered through NFA.

    Possession of NFA items:

    CHAPTER 9
    INCHOATE CRIMES

    § 908. Prohibited offensive weapons.
    (a) Offense defined.--A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.
    (b) Exceptions.--
    (1) It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed or dealt with the weapon solely as a curio or in a dramatic performance, or that, with the exception of a bomb, grenade or incendiary device, he complied with the National Firearms Act (26 U.S.C. § 5801 et seq.), or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances similarly negativing any intent or likelihood that the weapon would be used unlawfully.
    (2) This section does not apply to police forensic firearms experts or police forensic firearms laboratories. Also exempt from this section are forensic firearms experts or forensic firearms laboratories operating in the ordinary course of business and engaged in lawful operation who notify in writing, on an annual basis, the chief or head of any police force or police department of a city, and, elsewhere, the sheriff of a county in which they are located, of the possession, type and use of offensive weapons.
    (3) This section shall not apply to any person who makes, repairs, sells or otherwise deals in, uses or possesses any firearm for purposes not prohibited by the laws of this Commonwealth.
    (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
    "Firearm." 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 any such weapon. "Offensive weapons." Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.
    (d) Exemptions.--The use and possession of blackjacks by the following persons in the course of their duties are exempt from this section:
    (1) Police officers, as defined by and who meet the requirements of the act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law.
    (2) Police officers of first class cities who have successfully completed training which is substantially equivalent to the program under the Municipal Police Education and Training Law.
    (3) Pennsylvania State Police officers.
    (4) Sheriffs and deputy sheriffs of the various counties who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
    (5) Police officers employed by the Commonwealth who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
    (6) Deputy sheriffs with adequate training as determined by the Pennsylvania Commission on Crime and Delinquency. (7) Liquor Control Board agents who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
    (Dec. 20, 1983, P.L.291, No.78, eff. imd.; July 6, 1984, P.L.647, No.134, eff. 90 days; July 11, 1985, P.L.235, No.58, eff. 60 days; Oct. 4, 1994, P.L.571, No.84, eff. 60 days; Nov. 6, 2002, P.L.1096, No.132, eff. 60 days)

    2002 Amendment. Act 132 amended subsec. (c).
    References in Text. The act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law, referred to in the def. of "police officer," was repealed by the act of December 19, 1996, P.L.1158, No.177. The subject matter is now contained in Subchapter D of Chapter 21 of Title 53 (Municipalities Generally).
    Cross References. Section 908 is referred to in section 6105 of this title; section 3304 of Title 5 (Athletics and Sports).
    NEVER TRUST A PRIVATE WITH A LOADED WEAPON OR AN OFFICER WITH A MAP

  4. #1504
    Join Date
    Jan 2007
    Location
    Lancaster County, Pennsylvania
    (Lancaster County)
    Posts
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    Default Re: ATF Just Dropped Their Brace Ruling

    Quote Originally Posted by GUNGUY45 View Post
    As long as they are registered through NFA.

    Possession of NFA items:

    CHAPTER 9
    INCHOATE CRIMES

    § 908. Prohibited offensive weapons.
    (a) Offense defined.--A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.
    (b) Exceptions.--
    (1) It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed or dealt with the weapon solely as a curio or in a dramatic performance, or that, with the exception of a bomb, grenade or incendiary device, he complied with the National Firearms Act (26 U.S.C. § 5801 et seq.), or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances similarly negativing any intent or likelihood that the weapon would be used unlawfully.
    (2) This section does not apply to police forensic firearms experts or police forensic firearms laboratories. Also exempt from this section are forensic firearms experts or forensic firearms laboratories operating in the ordinary course of business and engaged in lawful operation who notify in writing, on an annual basis, the chief or head of any police force or police department of a city, and, elsewhere, the sheriff of a county in which they are located, of the possession, type and use of offensive weapons.
    (3) This section shall not apply to any person who makes, repairs, sells or otherwise deals in, uses or possesses any firearm for purposes not prohibited by the laws of this Commonwealth.
    (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
    "Firearm." 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 any such weapon. "Offensive weapons." Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.
    (d) Exemptions.--The use and possession of blackjacks by the following persons in the course of their duties are exempt from this section:
    (1) Police officers, as defined by and who meet the requirements of the act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law.
    (2) Police officers of first class cities who have successfully completed training which is substantially equivalent to the program under the Municipal Police Education and Training Law.
    (3) Pennsylvania State Police officers.
    (4) Sheriffs and deputy sheriffs of the various counties who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
    (5) Police officers employed by the Commonwealth who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
    (6) Deputy sheriffs with adequate training as determined by the Pennsylvania Commission on Crime and Delinquency. (7) Liquor Control Board agents who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
    (Dec. 20, 1983, P.L.291, No.78, eff. imd.; July 6, 1984, P.L.647, No.134, eff. 90 days; July 11, 1985, P.L.235, No.58, eff. 60 days; Oct. 4, 1994, P.L.571, No.84, eff. 60 days; Nov. 6, 2002, P.L.1096, No.132, eff. 60 days)

    2002 Amendment. Act 132 amended subsec. (c).
    References in Text. The act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law, referred to in the def. of "police officer," was repealed by the act of December 19, 1996, P.L.1158, No.177. The subject matter is now contained in Subchapter D of Chapter 21 of Title 53 (Municipalities Generally).
    Cross References. Section 908 is referred to in section 6105 of this title; section 3304 of Title 5 (Athletics and Sports).
    " which serves no common lawful purpose." Target shooting, defense of home, etc. Plenty of lawful purposes.

  5. #1505
    Join Date
    Jan 2011
    Location
    Winter Haven, Florida
    (Chester County)
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    57
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    Default Re: ATF Just Dropped Their Brace Ruling

    Quote Originally Posted by RenoV8 View Post
    NFA will be dissolved before the end of Trumps next term...you heard it here first.
    Not everything that is possible is probable, but I hope you are correct, Even if just freeing up SBR, SRS and cans for a start.
    Jimmy cracked corn and HE didn't care! Why should I?

  6. #1506
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
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    Default Re: ATF Just Dropped Their Brace Ruling

    Quote Originally Posted by dunno View Post
    Not everything that is possible is probable, but I hope you are correct, Even if just freeing up SBR, SRS and cans for a start.
    I'm a little surprised that GOA hasn't tried pushing that door open with the recent Chevron decision.
    Gender confusion is a mental illness

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