HB 375 Firearms Registration

[Brick]

Offered by CRUZ and we know he's no friend of gun owners.

Please note: 1. This is a stand alone law, it does not amend Title 18. 2. Full text not available at this time.

Regular Session 2009-2010
House Bill 375

Short Title: An Act relating to firearm registration; providing for duties of the Pennsylvania State Police; and imposing penalties.
Prime Sponsor: Representative CRUZ
Last Action:
Printer's No.

You'll find this at:
http://www.legis.state.pa.us/cfdocs/...&type=B&bn=375

[headcase]

Offered by CRUZ and we know he's no friend of gun owners.

Please note: 1. This is a stand alone law, it does not amend Title 18. 2. Full text not available at this time.

Regular Session 2009-2010
House Bill 375

Short Title: An Act relating to firearm registration; providing for duties of the Pennsylvania State Police; and imposing penalties.
Prime Sponsor: Representative CRUZ
Last Action:
Printer's No.

You'll find this at:
http://www.legis.state.pa.us/cfdocs/...&type=B&bn=375

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

Sponsors: CRUZ, YOUNGBLOOD, M. O'BRIEN, KIRKLAND, JOSEPHS, McGEEHAN and THOMAS

Printer's No.:
Short Title: An Act relating to firearm registration; providing for duties of the Pennsylvania State Police; and imposing penalties.
Actions:

Aren't these monkeys the usual rogues gallery?

[Nomad]

Sounds like HB 760 from last session all over again...

[Brick]

They finally released the text of this bill.

And yes, it might very well be a rehash of prior dead legislation. But the former bill died because we killed it. In these cases not opposing such laws is the same as allowing them to go forward.


PRINTER'S NO. 426

THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL No. 375
Session of 2009

INTRODUCED BY CRUZ, YOUNGBLOOD, M. O'BRIEN, KIRKLAND, JOSEPHS, McGEEHAN AND THOMAS, FEBRUARY 13, 2009

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 2009

AN ACT

1 Relating to firearm registration; providing for duties of the
2 Pennsylvania State Police; and imposing penalties.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:

5 Section 1. Short title.
6 This act shall be known and may be cited as the Firearm
7 Registration Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Antique firearm." Includes:
13 (1) Any firearm, including any firearm with a matchlock,
14 flintlock, percussion cap or similar type of ignition system,
15 manufactured in or before 1898.
16 (2) Any replica of any firearm described in paragraph
17 (1) if the replica:
18 (i) is not designed or redesigned for using rimfire

1 or conventional centerfire fixed ammunition; or
2 (ii) uses rimfire or conventional centerfire
3 ammunition that is no longer manufactured in the United
4 States and that is not readily available in the ordinary
5 channels of commercial trade.
6 (3) Any firearm, other than a machine gun, which,
7 although designed as a weapon, the Pennsylvania State Police
8 finds by reason of the date of its manufacture, value, design
9 and other characteristics is primarily a collector's item and
10 is not likely to be used as a weapon.
11 "Firearm." A weapon which will or is designed or restored to
12 expel a projectile or projectiles by the action of any
13 explosive, the frame or receiver of any such device or any
14 firearm muffler or silencer. The term shall not include:
15 (1) Antique firearms.
16 (2) Any device used exclusively for line throwing,
17 signaling or safety and required or recommended by the United
18 States Coast Guard or Interstate Commerce Commission.
19 (3) Any device used exclusively for firing explosives,
20 rivets, stud cartridges or any similar industrial ammunition
21 incapable of use as a weapon.
22 Section 3. Registration.
23 (a) General rule.--All firearms in this Commonwealth shall
24 be registered in accordance with this section. It shall be the
25 duty of a person owning or possessing any firearm to cause the
26 firearm to be registered. No person within this Commonwealth may
27 possess, harbor, have under the person's control, transfer,
28 offer for sale, sell, give, deliver or accept any firearm unless
29 the person is the holder of a valid registration certificate for
30 the firearm. No person within this Commonwealth may possess,
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1 harbor, have under the person's control, transfer, offer for
2 sale, sell, deliver or accept any firearm which is
3 unregisterable under this act.
4 (b) Nonapplicability.--This section shall not apply to:
5 (1) Firearms owned or under the direct control or
6 custody of any Federal, State or local governmental authority
7 maintained in the course of its official duties.
8 (2) Duty-related firearms owned and possessed by law
9 enforcement officers who are not residents of this
10 Commonwealth.
11 (3) Duty-related firearms owned and possessed by
12 corrections officers who are not residents of this
13 Commonwealth.
14 (4) Firearms owned, manufactured or processed by
15 licensed manufacturers of firearms, bulk transporters or
16 licensed sellers of firearms at wholesale or retail, provided
17 that such persons have all licenses required by law.
18 (5) Any nonresident of this Commonwealth participating
19 in any lawful recreational firearm-related activity in this
20 Commonwealth, or on the way to or from the firearm-related
21 activity in another jurisdiction, provided that the
22 possession or control of the firearm is lawful in the
23 jurisdiction in which the individual resides and that the
24 weapon is either:
25 (i) Broken down in a nonfunctioning state.
26 (ii) Unloaded and enclosed in a case, firearm-
27 carrying box, shipping box or other container.
28 (6) Private security personnel who possess or control
29 any firearm or ammunition within this Commonwealth. Firearms
30 under this paragraph shall be owned and maintained by the
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1 security firm employing the security personnel and shall be
2 registered by the security firm in accordance with this
3 section.
4 Section 4. Insurance.
5 (a) General rule.--No registration certificate shall be
6 issued to any person unless the person:
7 (1) Has not been convicted of a crime of violence.
8 (2) Has not been convicted within the five years prior
9 to the application of any violation of any law relating to
10 the use, possession or sale of any narcotic or dangerous
11 drug.
12 (3) Is not otherwise ineligible to possess a firearm
13 under any Federal or State law.
14 (b) Application.--Every person who is required to register a
15 firearm under this act shall obtain an application for
16 registration of the firearm from the Pennsylvania State Police.
17 The application shall be in writing and sworn under oath and
18 shall require the following information:
19 (1) The name, home and business address, telephone
20 number, date of birth and Social Security number of the
21 applicant.
22 (2) The age, sex and citizenship of the applicant.
23 (3) The name of the manufacturer, the caliber or gauge,
24 the model, type and serial number of each firearm to be
25 registered.
26 (4) Two photographs taken within 30 days immediately
27 prior to the date of filing the application equivalent to
28 passport size showing the full face, head and shoulders of
29 the applicant in a clear and distinguishing manner.
30 (5) Additional information as the Pennsylvania State

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1 Police may deem necessary to process the application.
2 (c) Fingerprinting.--The applicant or registrant shall
3 submit to fingerprinting by the Pennsylvania State Police in
4 accordance with procedures and regulations prescribed by the
5 Pennsylvania State Police.
6 (d) Records.--The Pennsylvania State Police shall cause to
7 be kept an accurate record of each application received and
8 acted upon together with all other information and data
9 pertaining to the application on all applications for owner's
10 registration certificates issued or denied under this act.
11 Applications for owner's registration certificates shall be
12 numbered in consecutive numbers as filed, and each certificate
13 issued shall be identified with the duplicate number of the
14 application upon which it was issued and shall expire
15 automatically one year from the date of issuance.
16 (e) Background check.--The Pennsylvania State Police shall
17 conduct a criminal background check on the applicant to ensure
18 compliance with this section. No application may be approved
19 until and unless a criminal background check is completed.
20 (f) Procedure.--Within 30 days of receipt of an application,
21 the Pennsylvania State Police, after consideration of the
22 application for an owner's registration certificate and all
23 information obtained relative to the application, shall either
24 approve or deny the application and notify the applicant in
25 writing of the determination.
26 (g) Approval.--In the event the application is approved, the
27 Pennsylvania State Police shall issue to the applicant an
28 owner's registration certificate which shall contain the
29 applicant's name, residence, date of birth, photograph and other
30 personal information as may be required by the Pennsylvania

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1 State Police. The owner's registration certificate shall not be
2 transferable and shall be carried simultaneously with the
3 firearm and shall be exhibited to any police officer upon demand
4 for inspection. Registration shall not make lawful the carrying
5 or possessing of a firearm if prohibited by law.
6 (h) Denial.--In the event the application is denied, the
7 Pennsylvania State Police shall inform the applicant in writing
8 of the denial. Any applicant who believes that the applicant's
9 application is wrongfully denied may, within ten days after
10 receiving notice of the denial, file a written appeal of the
11 denial in accordance with 2 Pa.C.S. (relating to administrative
12 law and procedure). Within three days after notification of a
13 decision unfavorable to the applicant and all time for appeal
14 having expired, the applicant shall surrender to the
15 Pennsylvania State Police the firearm for which the applicant
16 was denied registration.
17 (i) Renewal.--Each registrant must renew registration
18 annually. Applications for renewal shall be made by a registrant
19 60 days prior to the expiration of the current registration
20 certificate.
21 Section 5. Additional duties of registrant.
22 Each person holding a registration certificate shall:
23 (1) Notify the Pennsylvania State Police of:
24 (i) The loss, theft or destruction of the
25 registration certificate or of a registered firearm
26 within 48 hours of the discovery of the loss, theft or
27 destruction.
28 (ii) A change in any of the information appearing on
29 the registration certificate within 48 hours.
30 (iii) The sale, transfer or other disposition of the

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1 firearm not less than 48 hours prior to delivery.
2 (2) Return to the Pennsylvania State Police the
3 registrant's copy of the registration certificate for any
4 firearm which is lost, stolen, destroyed or otherwise
5 disposed of within 48 hours.
6 (3) Keep any firearm in the registrant's possession
7 unloaded and disassembled or bound by a trigger lock, gun
8 safe or similar device unless the firearm is in the
9 registrant's immediate possession and control while at the
10 registrant's place of residence or business or while being
11 used for lawful recreational purposes within this
12 Commonwealth. This paragraph shall not apply to law
13 enforcement personnel or security personnel while in the
14 course of their employment.
15 Section 6. Application fee.
16 A nonrefundable fee of $10 per firearm shall accompany each
17 application for registration of a firearm and renewal of
18 registration of a firearm.
19 Section 7. Penalty.
20 A person who violates this act commits a summary offense.
21 Section 8. Regulations.
22 The Pennsylvania State Police shall promulgate rules and
23 regulations for the implementation of this act.
24 Section 9. Acquisition or possession prohibited by law.
25 Nothing in this act shall make lawful the acquisition or
26 possession of firearms or firearm accessories which is otherwise
27 prohibited by law.
28 Section 10. Effective date.
29 This act shall take effect in 180 days.

20090HB0375PN0426
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[NoHackrLtd]

Honestly, what planet did this idiot just arrive from?

The law would have to be worked into Title 18. This didn't make it out of committee last time, and we all sure as hell need to make sure this misguided, ill-thought and just flat out stupid bill never sees the light of day outside of the committee.

Get the letters started, guys. I've already been on the phone with my Rep.

[Shawn.L]

Honestly, what planet did this idiot just arrive from?

The law would have to be worked into Title 18. This didn't make it out of committee last time, and we all sure as hell need to make sure this misguided, ill-thought and just flat out stupid bill never sees the light of day outside of the committee.

Get the letters started, guys. I've already been on the phone with my Rep.

If you would like to tell Cruz and his ilk to their faces exactly what we think of this legislation mark your calender for April 21st to be in Harrisburgh.

[Boomer]

I sent him (Cruz) and email asking him what he is trying to accomplish with the bill... what is the goal.

If I get a response I will post.