Letter/Alternative Wording to Senator Greenleaf Re: PA SB701

[danp]

From this thread regarding SB701 (Regarding Straw Purchases):

I think we've kind of settled on these two positions:

1. This bill is pointless and redundant, we have enough gun laws there's no point in passing laws that criminalize behavior that is already illegal, it just creates more confusion in an already over regulated activity.
2. If this bill is to move forward it has to be reworded because in a worst case scenario the wording could be taken to mean that purchasing a firearm to (legally) sell to a friend or because it was a good deal and you know you can resell it would be criminalized.

For reference here is the text of the bill as of now (pardon the underscores, there's no other way I can find to preserve formatting for readability's sake):

Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for the offense of
sale or transfer of firearms; providing for the offense of
straw purchases; establishing penalties; and providing for
the powers and duties of the Pennsylvania State Police
relating to straw purchases.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:

Section 1. Section 6111(g)(2) of Title 18 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 6111. Sale or transfer of firearms.
____* * *
____(g) Penalties.--
________* * *
________(2) Any person, licensed dealer, licensed manufacturer
____________or licensed importer who knowingly or intentionally sells,
____________delivers or transfers a firearm under circumstances intended
____________to provide a firearm to any person, purchaser or transferee
____________who is unqualified or ineligible to control, possess or use a
____________firearm under this chapter commits a felony of the [third]
____________second degree and shall in addition be subject to revocation
____________of the license to sell firearms for a period of three years.
____* * *
Section 2. Title 18 is amended by adding a section to read:
§ 6111.6. Straw purchases.
____(a) Offense defined.--No person, other than a licensed
________dealer, licensed manufacturer or licensed importer may purchase
________a firearm knowing or intending that the firearm will thereafter
________be transferred to another individual.
____(b) Presumption.--In the absence of:
________(1) any report by the purchaser to law enforcement
____________authorities that the firearm has been stolen; and
________(2) any record of a lawful sale of the firearm
____________possession of the firearm, on or after the date of its purchase,
____________by a person other than the purchaser of the firearm shall give
____________rise to a rebuttable presumption that the purchaser, at the time
____________of purchase, knew or intended that the firearm would thereafter
____________be transferred to another individual.
____(c) Defense.--It is a defense to a violation of this section
________that the person who purchased the firearm knew or intended that
________the firearm would thereafter be transferred as a bona fide gift
________to another individual.
____(d) Penalties.--A violation of this section is a felony of
________the second degree.
____(e) Pennsylvania State Police.--The Pennsylvania State
________Police shall retain information related to handgun purchases,
________including the number of handguns sold by a licensed importer,
________licensed manufacturer or licensed dealer to any one person, and
________the number of handguns purchased by each person. The
________Pennsylvania State Police shall use the information to
________investigate whether the person, licensed importer, licensed
________manufacturer or licensed dealer may be in violation of section
________6111 (relating to sale or transfer of firearms) or this section.
Section 3. This act shall take effect in 60 days.

I think it is in our best interests to oppose this bill (although not with too much effort or fervor) on the basis of our concern it is redundant, but with that I think we should also provide alternative wording as suggested by Mr. Warner in the case that this does gain traction.

Would either of you guys be able to:

1. Write a letter stating our interpretation of this bill, why it's pointless, and why it's worded incorrectly.
2. Possibly suggest alternative wording of the bill itself just in case.

Regarding #1, I'm just not convinced I can really do this properly and even if you guys just kind of give me some general ideas I can mold them into something formal.

Regarding #2, I've tried myself to reword it but any way I try it just basically re-states other law. Perhaps you guys can take a crack at wording this bill that would accomplish Senator Greenleaf's intent, but not affect anyone except straw purchasers?

As always, thanks in advance, any help you can provide would be greatly appreciated.

[Rule10b5]

I can, I'll need a day or two, though. Pester me to do it over the weekend when I finish my taxes

[danp]

I can, I'll need a day or two, though. Pester me to do it over the weekend when I finish my taxes

Take all the time you need. You guys do a lot and take time out of your day to help us with this kind of stuff so everything is at your leisure.

[GunLawyer001]

I have a fairly full plate right now, compounded by our new Golden Retriever, but the core objection ought to be the absence of language focused on the evil to be prevented: The purchase of a firearm from an FFL with the intent to transfer it to someone WITHOUT GOING THROUGH AN FFL.

Buying one as a gift for the narrow group of eligible recipients is excluded, but resale through another FFL is criminalized, which has nothing whatsoever to do with stamping out straw purchases.

I'd actually be OK with a PA statute that required FFL's to hand out pamphlets telling purchasers what they can and can't do with their new toy. Gifting it to Dad is fine, but gifting it to your brother is a criminal offense. Gifting to your spouse is OK, but to her brother is a crime. How many people know this?

[danp]

but the core objection ought to be the absence of language focused on the evil to be prevented: The purchase of a firearm from an FFL with the intent to transfer it to someone WITHOUT GOING THROUGH AN FFL.

Buying one as a gift for the narrow group of eligible recipients is excluded, but resale through another FFL is criminalized, which has nothing whatsoever to do with stamping out straw purchases.

This alone has been helpful in forming a well-worded response.

I'm fairly confident in my ability to express ideas, it's just that with some things I really need your guys' help properly defining those ideas.

How many people know this?

Based on some of the posts on here, not enough, sadly.