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Discussion Starter · #1 ·
MEMORANDUM

Posted: March 7, 2013 11:59 AM

From: Senator John Yudichak

To: All Senate members

Subject: Legislation to increase penalties against those carrying illegal firearms


I am planning on introducing legislation to amend the Crimes Code (Title 18) to increase penalties against those carrying illegal firearms. These ideas have been recommended to us by members of law enforcement.

Section 6105 of the Crimes Code provides that individuals adjudicated of certain offenses as juveniles are prohibited from the possession, use, manufacture, control, sale or transfer of firearms. Unfortunately, anyone who violates this provision is only subject to a misdemeanor. This legislation will correct this loophole by making the illegal possession, use, manufacture, control, sale or transfer based on a juvenile adjudication a felony of the second degree, and in so doing will make it consistent with convictions for other offenses under this section.

The legislation adds a prohibition on the possession, use, manufacture, control, sale or transfer of a firearm if the individual was adjudicated delinquent for an offense under the Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state and that offense was graded as a felony offense. This provision closes a loophole that permits juveniles adjudicated delinquent for these offenses to carry firearms even though adults convicted of the same felony are not.


http://www.legis.state.pa.us/cfdocs/Legi...;cosponId=12033
 

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While I don't have a problem with this measure, the rules for when a license is required to transport/or carry a firearm need to be simplified and streamlined. Some of the exceptions are a bit vague and could be clarified.

Frankly, I don't understand why a person with a hunting license must still have another permit to transport an unloaded handgun to his hunting location, yet if he was going to the range, he does not need a permit.
 

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Discussion Starter · #3 ·
Someone had proposed a bill, and i posted the memo, for your concerns.

Check the Second A Forum as I am sure I posted that in there a while back. But he bill specifiably simplified the transport language you are talking about.
 

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Discussion Starter · #4 ·
HB 718

http://www.legis.state.pa.us/cfdocs/bill...e=B&bn=0718


Co-sponsor memo with bill intent:

MEMORANDUM

Posted: February 6, 2013 04:01 PM

From: Representative Timothy Krieger

To: All House members

Subject: Request for Cosponsorship - Right to Transport Firearms (Former HB1668)


In the near future, I intend to reintroduce legislation that was introduced last session as House Bill 1668. This legislation will clarify the existing state law pertaining to the legal transportation of firearms in Pennsylvania. The current law is confusing and unnecessarily complex. This may be best illustrated by quoting just one of the 15 paragraphs related to the topic, which permits a private individual to transport firearms as follows:

"from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal, or
back to his home or place of business, or in moving from one place of abode or business to another or
from his home to a vacation or recreational home or dwelling back, or to recover stolen property under
section 6111.1(b)(4)(relating to Pennsylvania State Police), or to a place of instruction intended to teach
the safe handling, use or maintenance of firearms or back or to a location to which the person has been
directed to relinquish firearms under Pa.C.S.6108.2 (relating to relinquishment for consignment sale,
lawful transfer or safekeeping) or back up return of the relinquished firearm..."

My legislation will replace this language and similar provisions with a more general principle, i.e., you may transport
a firearm for a lawful purpose as long as it is unloaded. The concept of legal transportation for a "lawful purpose"
comes from federal law as well as the laws of states as varied as Vermont, Iowa and Michigan. Further, this
legislation will clarify language in our current transportation law related to reciprocal recognition of individuals
licensed to carry a firearm in another state.
 
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