HB 401 Firearms Safety Standards

[Brick]

Offered by Youngblood a known foe of your rights:

Full text not available at this time.

Regular Session 2009-2010
House Bill 401


Short Title: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing for a safety performance standard for the manufacture of handguns, for the forfeiture of certain handguns and for enforcement relating to a safety standard for handguns; imposing penalties; and conferring powers and imposing duties on the Pennsylvania State Police.
Prime Sponsor: Representative YOUNGBLOOD
Last Action:
Printer's No.

Find it at:
http://www.legis.state.pa.us/cfdocs/...&type=B&bn=401

I believe there was a similar bill put forward last session. Don't go to sleep on these! Make sure your Representatives hear of your displeasure.

[Brick]

NOT JUST SAFETY - THIS REINTRODUCES SMART GUNS- NOTE Further, this shall become a requirement NOW even though no such gun exists on the market!
PRINTER'S NO. 445

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL
No. 401 Session of
2009


INTRODUCED BY YOUNGBLOOD, CRUZ, BROWN, BISHOP AND JOSEPHS, FEBRUARY 13, 2009


REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 2009



AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing for a safety performance standard for the manufacture of handguns, for the forfeiture of certain handguns and for enforcement relating to a safety standard for handguns; imposing penalties; and conferring powers and imposing duties on the Pennsylvania State Police.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Chapter 61 of Title 18 of the Pennsylvania Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER E
HANDGUN SAFETY STANDARDS
Sec.
6191. Definitions.
6192. Safety standard.
6193. Enforcement.
6194. Exemptions.
6195. Penalties.
§ 6191. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Antique firearm." Either of the following:
(1) A firearm, including a firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured in or before 1898.
(2) A replica of a firearm described in paragraph (1) if the replica:
(i) is not designed or redesigned for using rimfire or conventional center fire fixed ammunition; or
(ii) uses rimfire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
"Authorized user." A person who owns a handgun or a person to whom the owner has given consent to use the handgun.
"Handgun." A firearm which has a short stock and is designed to be held and fired by the use of a single hand and any combination of parts from which a firearm can be assembled.
"Handgun manufacturer." A person engaged in the business of manufacturing handguns for the purpose of sale or distribution.
"Pawnbroker." A person whose business or occupation includes the taking or receiving, by the way of pledge or pawn, any firearm as security for the payment or repayment of money.
"Person." An individual, corporation, company, association, firm, partnership, society or joint stock company.
"Safety standard." The handgun safety performance standard described in section 6192 (relating to safety standard).
"Seller" or "dealer." A person:
(1) engaged in the business of selling firearms at wholesale or retail;
(2) engaged in the business of repairing firearms or of making or fitting special barrels, stocks or trigger mechanisms to firearms; or
(3) who is a pawnbroker.
§ 6192. Safety standard.
(a) Scope.--This section applies to all handguns manufactured, possessed, sold, offered for sale, traded, transferred, shipped, leased, distributed or acquired within this Commonwealth.
(b) Requirements.--The Pennsylvania State Police shall promulgate regulations prescribing a handgun safety performance standard. The safety standard shall include the following requirements:
(1) A handgun shall be personalized so that it can only be fired when operated by that handgun's authorized user or users.
(2) The technology establishing personalized handguns shall be incorporated into the design of a handgun and be part of its original equipment and not an accessory.
(3) No personalized handgun may be manufactured to permit the personalized characteristics to be readily deactivated.
(c) Formulation of testing procedures.--The Pennsylvania State Police shall formulate the necessary testing procedure to determine if a handgun complies with the safety standard.
(d) Designation of testing laboratories.--The Commissioner of Pennsylvania State Police shall designate one or more independent laboratories for determining whether handguns comply with the safety standard. The laboratories shall use the test method formulated by the Pennsylvania State Police to determine compliance.
(e) Handgun manufacturer's compliance.--
(1) In accordance with subsection (b), handgun manufacturers wishing to manufacture, sell, offer for sale or transfer handguns in this Commonwealth shall submit a prototype of the handgun model for testing, at the manufacturer's cost, to one of the independent laboratories designated by the Pennsylvania State Police.
(2) The laboratory shall issue a report directly to the Pennsylvania State Police and a copy to the manufacturer indicating whether the submitted handgun met or did not meet the safety standard. If the submitted handgun did not meet the safety standard, the report shall describe the reasons therefor.
(3) If the handgun model fails to meet the safety standard it shall be unlawful for it to be manufactured, possessed, sold, offered for sale, traded, transferred, shipped, leased, distributed or acquired by anyone in this Commonwealth until:
(i) It has been modified to meet the safety standard.
(ii) It has passed the independent laboratory test on resubmission.
(4) If the handgun model meets the safety standard, the Pennsylvania State Police shall issue a certificate stating that the handgun model meets the safety standard; and the words, "certified personalized handgun" or an equivalent label, as established by the Pennsylvania State Police, shall be imprinted on the approved handguns at the manufacturer's expense.
(5) If a handgun model is deemed to meet the safety standard, the manufacturer, seller or possessor may not alter the design of the handgun in any manner affecting the safety of the handgun.
§ 6193. Enforcement.
(a) Noncompliant handguns prohibited.--On or after four years from the date of the adoption of the original safety standard by the Pennsylvania State Police, no handgun that fails to meet the standard may be manufactured, possessed, sold, offered for sale, traded, transferred, shipped, leased, distributed or acquired in this Commonwealth.
(b) Seizure.--If a police officer, during the course of official duties and operating within existing constitutional constraints on police searches and seizures, discovers a handgun which under the provisions of this subchapter does not meet the safety standard, the officer shall take possession of the handgun. The handgun shall be forfeited to the Commonwealth and shall be destroyed.
(c) Enjoining violators.--The Attorney General shall bring an action on behalf of the Commonwealth against a seller, manufacturer or possessor of handguns to enjoin further violations of this subchapter and for such other relief as may be appropriate.
§ 6194. Exemptions.
The following handguns are exempt from this subchapter:
(1) Antique handguns legally purchased or acquired in accordance with current laws.
(2) Handguns manufactured prior to four years from the date of the adoption of the original safety standard. However, such handguns may not be sold, offered for sale, traded, transferred, shipped, leased or distributed by dealers after four years from the date of the adoption of the original safety standard.
(3) Handguns purchased by police departments, sheriffs and law enforcement officers and members of the armed forces of the United States and all components of the armed forces, including reserve and Pennsylvania National Guard forces.
(4) Handguns possessed by law enforcement officers on official assignment in this Commonwealth from any state which by agreement permits police officers from this Commonwealth while on assignment in that state to carry firearms without registration.
(5) Handguns that are a part of the official equipment of any Federal agency.
§ 6195. Penalties.
(a) Penalty for violation.--A person that violates this subchapter by manufacturing, possessing, selling, offering for sale, trading, transferring or acquiring a handgun which has not been certified by an independent testing laboratory as meeting the safety standard and is not subject to section 6194 (relating to exemptions) commits a felony of the third degree.
(b) Penalty for altering personalized handguns.--A person that violates this subchapter by altering the personalized characteristics of a handgun manufactured, possessed, sold, offered for sale, traded, transferred, shipped, leased, distributed or acquired, after four years from the date of the adoption of the original safety standard, commits a felony of the third degree.
(c) Entities subject to penalty.--The penalties set forth in this section apply to all public and private manufacturers, possessors, sales, offers for sale, trades, transfers, shipments, leases, distributions or acquisitions of handguns.
Section 2. This act shall take effect in 60 days.

[dodgefolks]

That is some scary shit right there! Here's an excerpt that makes my blood boil!
"(a) Noncompliant handguns prohibited.--On or after four years from the date of the adoption of the original safety standard by the Pennsylvania State Police, no handgun that fails to meet the standard may be manufactured, possessed, sold, offered for sale, traded, transferred, shipped, leased, distributed or acquired in this Commonwealth.
(b) Seizure.--If a police officer, during the course of official duties and operating within existing constitutional constraints on police searches and seizures, discovers a handgun which under the provisions of this subchapter does not meet the safety standard, the officer shall take possession of the handgun. The handgun shall be forfeited to the Commonwealth and shall be destroyed."
Further down the bill it does say you can keep your old handguns that where made 4 years prior to the bill, but you can't sell them. Violation is 3rd degree felony!! What a crock of steaming shit!

[dlclarkii]

That is some scary shit right there! Here's an excerpt that makes my blood boil!
"(a) Noncompliant handguns prohibited.--On or after four years from the date of the adoption of the original safety standard by the Pennsylvania State Police, no handgun that fails to meet the standard may be manufactured, possessed, sold, offered for sale, traded, transferred, shipped, leased, distributed or acquired in this Commonwealth.
(b) Seizure.--If a police officer, during the course of official duties and operating within existing constitutional constraints on police searches and seizures, discovers a handgun which under the provisions of this subchapter does not meet the safety standard, the officer shall take possession of the handgun. The handgun shall be forfeited to the Commonwealth and shall be destroyed."
Further down the bill it does say you can keep your old handguns that where made 4 years prior to the bill, but you can't sell them. Violation is 3rd degree felony!! What a crock of steaming shit!

So if I have a rare mint 150 year old blackpowder wheel gun worth a lot of $$$ in my trunk it could be forfeited to the Commonwealth and shall be destroyed, wow.

[5711-Marine]

even though this bill has no co-sponsors and is in committee, I believe we should contact each of our representatives, to urge that they oppose this bill (in committee if they are members).

There are several issues I see from a constitutional view point:

Article I Section 9

No Bill of Attainder or ex post facto Law shall be passed.

Enacting a law which makes illegal firearms that were previously legal, seems to be a text book example of an ex post facto law.

And the favorite part of the Constitution often used by the SCOTUS when declaring laws unconstitutional, the Commerce Clause

Among the Several States .--Continuing in Gibbons v. Ogden, Chief Justice Marshall observed that the phrase ''among the several States'' was ''not one which would probably have been selected to indicate the completely interior traffic of a state.'' It must therefore have been selected to demark ''the exclusively internal commerce of a state.'' While, of course, the phrase ''may very properly be restricted to that commerce which concerns more states than one,'' it is obvious that ''[c]ommerce among the states, cannot stop at the exterior boundary line of each state, but may be introduced into the interior.'' The Chief Justice then succinctly stated the rule, which, though restricted in some periods, continues to govern the interpretation of the clause. ''The genius and character of the whole government seem to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally; but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere, for the purpose of executing some of the general powers of the government.''

This bill certainly interferes with Inter State Commerce. By contacting our representatives with these two major concerns regarding this bill, should ensure it never sees a vote on the floor.

[Brick]

So if I have a rare mint 150 year old blackpowder wheel gun worth a lot of $$$ in my trunk it could be forfeited to the Commonwealth and shall be destroyed, wow.

Note just because I point out your error does not mean that I approve of this bill.

No. You missed these parts:

"Antique firearm." Either of the following:
(1) A firearm, including a firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured in or before 1898.
(2) A replica of a firearm described in paragraph (1) if the replica:
(i) is not designed or redesigned for using rimfire or conventional center fire fixed ammunition; or
(ii) uses rimfire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
and
§ 6194. Exemptions.
The following handguns are exempt from this subchapter:
(1) Antique handguns legally purchased or acquired in accordance with current laws.