PA assault weapons ban{Merged}

This is a discussion on PA assault weapons ban{Merged} within the General Firearm Discussion forums, part of the Related Topics category; I doubt it will go through in such a gun friendly state as PA, but just FYI on it, and contact your reps about it: ...

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Thread: PA assault weapons ban{Merged}

  1. #1
    Member Array thirtyonebravo's Avatar
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    PA assault weapons ban{Merged}

    I doubt it will go through in such a gun friendly state as PA, but just FYI on it, and contact your reps about it:

    http://www.legis.state.pa.us/cfdocs/...r=0030&pn=0055


    THE GENERAL ASSEMBLY OF PENNSYLVANIA
    HOUSE BILL

    No. 30 Session of 2007

    INTRODUCED BY FRANKEL, D. EVANS, BISHOP, WHEATLEY, YOUNGBLOOD,
    COHEN, BENNINGTON, GERBER, JAMES, MYERS, STURLA, WILLIAMS,
    CRUZ, CURRY, GALLOWAY, JOSEPHS, KIRKLAND, LEACH, M. O'BRIEN,
    PASHINSKI AND ROEBUCK, JANUARY 30, 2007

    REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 2007

    AN ACT

    1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
    2 Consolidated Statutes, providing for prohibition and
    3 registration of certain assault weapons; and imposing
    4 penalties.

    5 The General Assembly of the Commonwealth of Pennsylvania
    6 hereby enacts as follows:
    7 Section 1. Chapter 61 of Title 18 of the Pennsylvania
    8 Consolidated Statutes is amended by adding a subchapter to read:
    9 SUBCHAPTER B.1
    10 ASSAULT WEAPONS BAN
    11 Sec.
    12 6151. Definitions.
    13 6152. Manufacture, possession and transfer of assault
    14 weapons.
    15 6153. Possession of assault weapon components.
    16 6154. Registration of assault weapons.
    17 6155. Fees.
    18 6151. Definitions.

    1 The following words and phrases when used in this subchapter
    2 shall have the meanings given to them in this section unless the
    3 context clearly indicates otherwise:
    4 "Assault weapon." The term includes the following:
    5 (1) Any semiautomatic pistol or semiautomatic or pump-
    6 action rifle that is capable of accepting a detachable
    7 magazine and that also possesses any of the following:
    8 (i) If the firearm is a rifle, a pistol grip located
    9 at the rear of the trigger.
    10 (ii) If the firearm is a rifle, a stock in any
    11 configuration, including, but not limited to, a thumbhole
    12 stock, a folding stock or a telescoping stock, that
    13 allows the bearer of the firearm to grasp the firearm
    14 with the trigger hand such that the web of the trigger
    15 hand, between the thumb and forefinger, can be placed
    16 below the top of the external portion of the trigger
    17 during firing.
    18 (iii) If the firearm is a pistol, a shoulder stock
    19 of any type or configuration, including, but not limited
    20 to, a folding stock or a telescoping stock.
    21 (iv) A barrel shroud.
    22 (v) A muzzle break or muzzle compensator.
    23 (vi) Any feature capable of functioning as a
    24 protruding grip that can be held by the hand that is not
    25 the trigger hand.
    26 (2) Any pistol that is capable of accepting a detachable
    27 magazine at any location outside of the pistol grip.
    28 (3) Any semiautomatic pistol or any semiautomatic,
    29 center-fire rifle with a fixed magazine that has the capacity
    30 to accept more than ten rounds of ammunition.
    20070H0030B0055 - 2 -

    1 (4) Any shotgun capable of accepting a detachable
    2 magazine.
    3 (5) Any shotgun with a revolving cylinder.
    4 (6) Any conversion kit or other combination of parts
    5 from which a firearm described in paragraphs 1 through 5 can
    6 be assembled if the parts are in the possession or under the
    7 control of any person.
    8 "Barrel shroud." A covering, other than a slide, that is
    9 attached to or that substantially or completely encircles the
    10 barrel of a firearm and that allows the bearer of the firearm to
    11 hold the barrel with the nonshooting hand while firing the
    12 firearm, without burning that hand. The term does not include an
    13 extension of the stock along the bottom of the barrel that does
    14 not substantially or completely encircle the barrel.
    15 "Commissioner." The Commissioner of the Pennsylvania State
    16 Police.
    17 "Conversion kit." Any part or combination of parts designed
    18 and intended for use in converting a firearm into an assault
    19 weapon.
    20 "Detachable magazine." A magazine the function of which is
    21 to deliver one or more ammunition cartridges into the firing
    22 chamber of a firearm and which can be removed from the firearm
    23 without the use of any tool, including a bullet or ammunition
    24 cartridge.
    25 "Muzzle brake." A device attached to the muzzle of a weapon
    26 that utilizes escaping gas to reduce recoil.
    27 "Muzzle compensator." A device attached to the muzzle of a
    28 weapon that utilizes escaping gas to control muzzle movement.
    29 6152. Manufacture, possession and transfer of assault
    30 weapons.
    20070H0030B0055 - 3 -

    1 (a) Offense defined.--No person shall manufacture, possess,
    2 purchase, sell or otherwise transfer any assault weapon, or any
    3 assault weapon conversion kit, except as provided under
    4 subsection (b).
    5 (b) Exceptions.--Subsection (a) shall not apply to any of
    6 the following:
    7 (1) The possession of an unloaded assault weapon for the
    8 purpose of permanently relinquishing it to a law enforcement
    9 agency in this Commonwealth pursuant to regulations adopted
    10 for such purpose by the commissioner. Any assault weapon
    11 relinquished pursuant to this subsection shall be destroyed.
    12 (2) The transfer of any assault weapon by a licensed
    13 manufacturer or dealer to a law enforcement agency in this
    14 Commonwealth for use by that agency or its employees for law
    15 enforcement purposes.
    16 (3) The possession of an assault weapon that was legally
    17 possessed on the effective date of this act, if the person
    18 legally possessing the assault weapon has complied with all
    19 of the requirements of section 6154 (relating to registration
    20 of assault weapons).
    21 (4) The possession of an assault weapon that has been
    22 permanently disabled so that it is incapable of discharging a
    23 projectile.
    24 (c) Public nuisance.--Any assault weapon or assault weapon
    25 conversion kit, the manufacture, possession, purchase, sale or
    26 other transfer of which is prohibited under subsection (a), is a
    27 public nuisance.
    28 (d) Penalty.--Any person who violates subsection (a) commits
    29 a felony of the first degree.
    30 6153. Possession of assault weapon components.
    20070H0030B0055 - 4 -

    1 (a) Offense defined.--No person shall possess or have under
    2 the person's control both of the following at the same time,
    3 except as provided under subsection (b):
    4 (1) a semiautomatic or pump-action rifle or
    5 semiautomatic pistol capable of accepting a detachable
    6 magazine; and
    7 (2) any magazine capable of use with that firearm that
    8 contains more than ten rounds of ammunition.
    9 (b) Exceptions.--Subsection (a) shall not apply to any
    10 person while lawfully doing either of the following:
    11 (1) engaging in shooting at a duly licensed, lawfully
    12 operated shooting range; or
    13 (2) participating in a sporting event officially
    14 sanctioned by a club or organization established in whole or
    15 in part for the purpose of sponsoring sport shooting events.
    16 (c) Penalty.--Any person who violates subsection (a) commits
    17 a felony of the first degree.
    18 6154. Registration of assault weapons.
    19 (a) Grandfathered assault weapons.--A person may continue to
    20 possess an assault weapon that the person legally possessed on
    21 the effective date of this subchapter, if the person does all of
    22 the following:
    23 (1) Within 90 days following the effective date of this
    24 subchapter, submits to a background check identical to the
    25 background check conducted in connection with the purchase of
    26 a firearm from a licensed gun dealer.
    27 (2) Unless the person is prohibited by law from
    28 possessing a firearm, immediately registers the assault
    29 weapon with the Pennsylvania State Police pursuant to
    30 regulations adopted for such purpose by the commissioner.
    20070H0030B0055 - 5 -

    1 (3) Safely and securely stores the assault weapon
    2 pursuant to regulations adopted for such purpose by the
    3 commissioner.
    4 (4) Annually renews both the registration and the
    5 background check.
    6 (5) Possesses the assault weapon only on property owned
    7 or immediately controlled by the person, while engaged in the
    8 legal use of the assault weapon at a duly licensed firing
    9 range or while traveling to or from either of these locations
    10 for the purpose of engaging in the legal use of the assault
    11 weapon, provided that the assault weapon is stored unloaded
    12 and in a separate locked container during transport.
    13 (b) Inherited assault weapons.--Notwithstanding any other
    14 provision of this subchapter, any person who, after the
    15 effective date of this subchapter, acquires title to an assault
    16 weapon by inheritance, bequest or succession shall, within 30
    17 days of acquiring title, do one of the following:
    18 (1) comply with all of the requirements of subsection
    19 (a);
    20 (2) dispose of the assault weapon pursuant to section
    21 6152(b)(1) (relating to manufacture, possession and transfer
    22 of assault weapons); or
    23 (3) permanently disable the assault weapon so that it is
    24 incapable of discharging a projectile.
    25 (c) Compliance check.--The Pennsylvania State Police may, no
    26 more than once per year, conduct an inspection to ensure
    27 compliance with this subsection.
    28 (d) Penalty.--Any person who violates subsection (a) or (b)
    29 commits a felony of the third degree.
    30 6155. Fees.
    20070H0030B0055 - 6 -

    1 The Pennsylvania State Police may charge a fee for each
    2 registration and for each registration renewal under section
    3 6154 (relating to registration of assault weapons). Such fee
    4 shall not exceed the costs incurred by the Pennsylvania State
    5 Police in administering the registration program established
    6 under section 6154.
    7 Section 2. This act shall take effect in 60 days.
    "I've got a shotgun, a rifle, and a four-wheel drive.. a country boy can survive..." - Hank Williams, Jr.

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  3. #2
    Member Array denverd0n's Avatar
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    Yet another law that prohibits guns based on how they LOOK! Could there be anything more stupid?

  4. #3
    VIP Member Array eagle5's Avatar
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    Thankfully none of the anti's are from my District.

  5. #4
    VIP Member Array peacefuljeffrey's Avatar
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    4 "Assault weapon." The term includes the following:
    5 (1) Any semiautomatic pistol or semiautomatic or pump-
    6 action rifle that is capable of accepting a detachable
    7 magazine and that also possesses any of the following:
    8 (i) If the firearm is a rifle, a pistol grip located
    9 at the rear of the trigger.
    10 (ii) If the firearm is a rifle, a stock in any
    11 configuration, including, but not limited to, a thumbhole
    12 stock, a folding stock or a telescoping stock, that
    13 allows the bearer of the firearm to grasp the firearm
    14 with the trigger hand such that the web of the trigger
    15 hand, between the thumb and forefinger, can be placed
    16 below the top of the external portion of the trigger
    17 during firing.


    I can't even figure out what this would mean. I'm trying to visualize it, and I'm good at doing that, but I can't. ". . . top of the external portion of the trigger"??

    18 (iii) If the firearm is a pistol, a shoulder stock
    19 of any type or configuration, including, but not limited
    20 to, a folding stock or a telescoping stock.
    21 (iv) A barrel shroud.

    This makes a gun more dangerous and evil? Something that keeps you from burning yourself on the barrel?


    22 (v) A muzzle break or muzzle compensator.


    Why not outlaw anything and everything that shooters do, or use, to make their guns more accurate? I mean, is that what this is about? Keeping us from being able to be so deadly accurate?
    (Oh, and learn to spell, dufus legislators: it's brake, not break.

    23 (vi) Any feature capable of functioning as a
    24 protruding grip that can be held by the hand that is not
    25 the trigger hand.
    26 (2) Any pistol that is capable of accepting a detachable
    27 magazine at any location outside of the pistol grip.
    28 (3) Any semiautomatic pistol or any semiautomatic,
    29 center-fire rifle with a fixed magazine that has the capacity
    30 to accept more than ten rounds of ammunition
    .


    Here we go again with the argument that it's so much harder to take three ten-rounders on your rampage than two 15-rounders, that evil people aren't gonna do it. (You know, of course, that ten is just a stepping stone to five, and then one, and then of course none.)

    Every sponsor and yea vote for this piece of trash legislation is a person who needs to be voted out of office at the earliest possible opportunity.

  6. #5
    Member Array xercise2nd's Avatar
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    PA Legislation (Bad) Alert

    I just received this from a trusted pro-gun friend. I have responded by sending letters to my state representatives, and I urge others to do the same. Here is the bulk of the text I received:

    Hello Shooters,

    I generally try to stay away from the political side of things since there are many outlets for this besides our IDPA Match mailings but in this case I find it necessary to use the mailing list to reach our PA members. So first, if you are not a resident of PA then you can just delete this email with my thanks and apologies for clogging your inbox. I'm sure that you have your own battles to deal with regarding these issues in your own states.

    I've received the following from several (actually 13) and at that point I thought it would be best if I looked into it. It is true and it is fact. If you are a PA resident and would like to help stop this nonsense then take action according to the instructions in the message or visit the www.nra-ila.org web site for more info.

    THIS IS IMPORTANT!!

    If you own a firearm, or ever hope or want or NEED to own a firearm, you need to contact your Pennsylvania representatives and senators and urge them to oppose the bills in the attached file. (I have copied the text of the three bills to save you time locating them on the legislature's page.) These bills are all back by Philadelphia legislators who are trying to get the entire state of Pennsylvania to suffer for the inability of Mayor John Street and Police Commissioner Sylvester Johnson to control Philly's crime problem.

    Use the link here to locate your congressmen using your zip code plus-4:

    http://www.legis.state.pa.us/

    If you already know your district number you can contact your congressmen by clicking on this link:

    http://www.legis.state.pa.us/cfdocs/...ives_alpha.cfm

    You can also use the NRA's resources on the link below to locate your representatives:

    http://www.capwiz.com/nra/dbq/officials/

    Street and Johnson have proven inept for years at addressing the escalating violence, and now seek state-wide referenda to solve problems they don't have the vision to solve themselves. NONE of the measures introduced will reduce crime on Philly's streets because the police and the courts and prison system have been abandoned for years by Mayor Street. He has cut back on staff and slashed budgets until the crime problem has surged out of control because the city can't keep violent offenders behind bars, where they belong. After years of neglect, Street and his cronies now want state assistance to bail them out of the problem they created themselves.

    You need to urge your legislators to oppose these bills for several reasons. HB-18 would create a hodge-podge of township, municipal and county opportunities to regulate firearms legislation. This would result in behavior legal in one township to potentially be illegal in an adjoining township. The current system of uniformity makes much more sense, and is less prone to hysterical measures being ram-rodded through local government meetings.

    HB-25, the "one-gun-a-month" bill, is bad legislation because it gives cities of the first class carte blanche to create their own firearms laws. There are already sufficient firearms laws on the books. We need better enforcement of the existing laws, and longer incarceration of the violators when they are caught, not more laws. Philly can pass all the laws it wants under this bill, and as long as they all get the same token effort at enforcement as the existing laws, their plight will NOT improve.

    HB-30, the "assault weapons" bill is fraught with the typical dangers common to all assault weapons bans when it comes to defining what is (or is not) an assault weapon. Under the current definitions, perfectly legitimate firearms will be banned because they violate the ill-conceive definitions presented.

    Let's be perfectly clear here about something else that has been stated repeatedly-Firearms are inanimate objects incapable of violence on their own. Any potential weapon requires an individual's will to employ it with malice for it to be a deadly weapon. Even if "assault"weapons were banned, Philly's problem would still exist because the vast majority of the shootings are NOT committed with assault weapons. Introducing the legislation is merely a "feel good" measure by the politicians. If every gun in Philly was confiscated, assaults with baseball bats and hammers would skyrocket in a week, and they would be the next objects on the ban list.

    IMPORTANT STEPS TO TAKE

    Use the links above to write to every one of your state representatives and legislators, even the governor. Copy the form letter provided below as an example of the text you'll want to use. Add or delete as you wish, but be clear that you oppose the listed bills, and be professional and non-threatening (that won't get you anywhere). DON'T WAIT! Do this today!


    Dear XXXXXXXXXXXXXXXXXX,


    I am writing to you in order to urge your opposition to what is nothing short of the most frightening attack on our civil rights I have encountered in my lifetime.


    Specifically, I refer to these pieces of proposed legislation:
    House Bill 18 - Limit on Firearms and ammunition
    House Bill 22 - Limit on Handgun Purchases
    House Bill 23 - Philadelphia-specific One-Gun-A-Month law
    House Bill 25 - Philadelphia-specific ASSAULT WEAPONS BAN
    House Bill 28 - Philadelphia-specific limitations on firearms
    House Bill 29 - Lost Firearms
    House Bill 30 - Assault Weapons Ban


    I'd like to draw your attention to provisions in House Bill #30, which are egregious. This attack on our civil rights patently violates article 21 of the constitution of the Commonwealth of Pennsylvania, which states:




    Right to Bear Arms
    Section 21.
    The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.




    I believe this document is meant to be relied on to protect the rights of the citizen in the commonwealth, however the legislators introducing this legislation clearly do not, and thereby violate their oath to support and defend it.


    It then takes the civil rights attack forward, and introduces language that literally legislates the Pennsylvania State Police into the homes of citizens without warrant, or probable cause, to conduct "Compliance checks."


    To what other end must I forecast and tolerate the presence of government force in my home?


    Not only do I urge that you oppose this legislation, but I ask you in the name of the constitution that we are both sworn to uphold and defend to take the additional step of exercising the full power of your office to bring these egregious violations of our rights to an immediate, early, and certain defeat, such that the entire chamber is not forced to sully itself with the issues specified in them, in black & white.


    Please respond to me with your opinion on how quickly this legislation will meet its defeat, and how you intend to address it legislatively.


    I thank you for your continued hard work, and tireless support in ensuring that government works for the citizens of the commonwealth, instead of against us.


    Sincerely,

    -------

  7. #6
    Assistant Administrator
    Array P95Carry's Avatar
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    Thx for that post - this has been simmering for some while but sure is dangerous stuff.

    I have some messages to send!
    Chris - P95
    NRA Certified Instructor & NRA Life Member.

    "To own a gun and assume that you are armed
    is like owning a piano and assuming that you are a musician!."


    http://www.rkba-2a.com/ - a portal for 2A links, articles and some videos.

  8. #7
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    All I can do is <sigh> at such absurd attempts to add control. All too often these types of moves are almost exclusively from ''out east"
    Chris - P95
    NRA Certified Instructor & NRA Life Member.

    "To own a gun and assume that you are armed
    is like owning a piano and assuming that you are a musician!."


    http://www.rkba-2a.com/ - a portal for 2A links, articles and some videos.

  9. #8
    Member Array Freedz's Avatar
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    Thats some crazy stuff. Thanks for the post.

  10. #9
    Member Array General Geoff's Avatar
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    I've already sent emails expressing my concerns about assault weapon bans and the like to both my state senator and representative.

    As has been noted before, I sincerely doubt this will get voted into law. But frankly I find it a slap in the face that it's even a bill.
    Discretion is the better part of valour; and a virtue beyond reproach.
    Pennsylvania Firearm Owners Association

  11. #10
    VIP Member Array peacefuljeffrey's Avatar
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    I have to say that the wording of the PA constitution regarding gun rights is poor. "Shall not be questioned? That can be read so many different ways. Does "questioned" imply "infringed" or otherwise violated? I mean, can it be said that a legislature that votes to ban guns had de facto "questioned" the right? Perhaps the right can have all sorts of "things" done to it as long as it is not "questioned."

    I dunno. Poor choice of words.

  12. #11
    Member Array cpmiv's Avatar
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    I sent off my emails and here is one response (I used the above "form letter" since it was much better than anything I could write. Thanks for the text)

    John Maher:

    We are in agreement. I oppose the assault on our nation's Bill of
    Rights and have never understood the left's tendancy to punish the
    innocent on the pretense of cracking down on the guilty.
    There are over 550 million firearms in worldwide circulation. That's one firearm for every twelve people on the planet. The only question is: How do we arm the other 11? (Yuri Orlov [Nicolas Cage] Lord of War)

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