HB375 AKA last year's HB 760

Highlander Archery
 
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HB375 AKA last year's HB 760

Postby Highlander Archery » Mon Mar 09, 2009 4:46 pm

INTRODUCED BY CRUZ, YOUNGBLOOD, M. O'BRIEN, KIRKLAND, JOSEPHS,
 McGEEHAN AND THOMAS, FEBRUARY 13, 2009
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 [color="#ffffff"][size="1"]   [/size][/color]
 REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 2009  
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 [color="#ffffff"][size="1"]   [/size][/color]
 [color="#ffffff"][size="1"]   [/size][/color]
 AN ACT
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Relating to firearm registration; providing for duties of the
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Pennsylvania State Police; and imposing penalties.
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The General Assembly of the Commonwealth of Pennsylvania
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hereby enacts as follows:
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Section 1.  Short title.
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This act shall be known and may be cited as the Firearm
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Registration Act.
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Section 2.  Definitions.
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The following words and phrases when used in this act shall
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have the meanings given to them in this section unless the
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context clearly indicates otherwise:
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"Antique firearm."  Includes:
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(1)  Any firearm, including any firearm with a matchlock,
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flintlock, percussion cap or similar type of ignition system,
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manufactured in or before 1898.
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(2)  Any replica of any firearm described in paragraph
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(1) if the replica:
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(i)  is not designed or redesigned for using rimfire
   

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or conventional centerfire fixed ammunition; or
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(ii)  uses rimfire or conventional centerfire
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ammunition that is no longer manufactured in the United
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States and that is not readily available in the ordinary
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channels of commercial trade.
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(3)  Any firearm, other than a machine gun, which,
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although designed as a weapon, the Pennsylvania State Police
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finds by reason of the date of its manufacture, value, design
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and other characteristics is primarily a collector's item and
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is not likely to be used as a weapon.
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"Firearm."  A weapon which will or is designed or restored to
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expel a projectile or projectiles by the action of any
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explosive, the frame or receiver of any such device or any
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firearm muffler or silencer. The term shall not include:
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(1)  Antique firearms.
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(2)  Any device used exclusively for line throwing,
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signaling or safety and required or recommended by the United
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States Coast Guard or Interstate Commerce Commission.
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(3)  Any device used exclusively for firing explosives,
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rivets, stud cartridges or any similar industrial ammunition
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incapable of use as a weapon.
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Section 3.  Registration.
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(a)  General rule.--All firearms in this Commonwealth shall
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be registered in accordance with this section. It shall be the
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duty of a person owning or possessing any firearm to cause the
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firearm to be registered. No person within this Commonwealth may
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possess, harbor, have under the person's control, transfer,
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offer for sale, sell, give, deliver or accept any firearm unless
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the person is the holder of a valid registration certificate for
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the firearm. No person within this Commonwealth may possess,
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harbor, have under the person's control, transfer, offer for
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sale, sell, deliver or accept any firearm which is
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unregisterable under this act.
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(b)  Nonapplicability.--This section shall not apply to:
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(1)  Firearms owned or under the direct control or
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custody of any Federal, State or local governmental authority
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maintained in the course of its official duties.
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(2)  Duty-related firearms owned and possessed by law
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enforcement officers who are not residents of this
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Commonwealth.
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(3)  Duty-related firearms owned and possessed by
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corrections officers who are not residents of this
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Commonwealth.
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(4)  Firearms owned, manufactured or processed by
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licensed manufacturers of firearms, bulk transporters or
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licensed sellers of firearms at wholesale or retail, provided
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that such persons have all licenses required by law.
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(5)  Any nonresident of this Commonwealth participating
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in any lawful recreational firearm-related activity in this
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Commonwealth, or on the way to or from the firearm-related
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activity in another jurisdiction, provided that the
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possession or control of the firearm is lawful in the
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jurisdiction in which the individual resides and that the
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weapon is either:
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(i)  Broken down in a nonfunctioning state.
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(ii)  Unloaded and enclosed in a case, firearm-
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carrying box, shipping box or other container.
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(6)  Private security personnel who possess or control
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any firearm or ammunition within this Commonwealth. Firearms
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under this paragraph shall be owned and maintained by the
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security firm employing the security personnel and shall be
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registered by the security firm in accordance with this
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section.
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Section 4.  Insurance.
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(a)  General rule.--No registration certificate shall be
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issued to any person unless the person:
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(1)  Has not been convicted of a crime of violence.
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(2)  Has not been convicted within the five years prior
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to the application of any violation of any law relating to
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the use, possession or sale of any narcotic or dangerous
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drug.
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(3)  Is not otherwise ineligible to possess a firearm
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under any Federal or State law.
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(b)  Application.--Every person who is required to register a
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firearm under this act shall obtain an application for
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registration of the firearm from the Pennsylvania State Police.
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The application shall be in writing and sworn under oath and
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shall require the following information:
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(1)  The name, home and business address, telephone
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number, date of birth and Social Security number of the
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applicant.
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(2)  The age, sex and citizenship of the applicant.
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(3)  The name of the manufacturer, the caliber or gauge,
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the model, type and serial number of each firearm to be
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registered.
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(4)  Two photographs taken within 30 days immediately
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prior to the date of filing the application equivalent to
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passport size showing the full face, head and shoulders of
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the applicant in a clear and distinguishing manner.
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(5)  Additional information as the Pennsylvania State
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Police may deem necessary to process the application.
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(c)  Fingerprinting.--The applicant or registrant shall
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submit to fingerprinting by the Pennsylvania State Police in
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accordance with procedures and regulations prescribed by the
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Pennsylvania State Police.
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(d)  Records.--The Pennsylvania State Police shall cause to
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be kept an accurate record of each application received and
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acted upon together with all other information and data
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pertaining to the application on all applications for owner's
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registration certificates issued or denied under this act.
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Applications for owner's registration certificates shall be
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numbered in consecutive numbers as filed, and each certificate
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issued shall be identified with the duplicate number of the
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application upon which it was issued and shall expire
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automatically one year from the date of issuance.
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(e)  Background check.--The Pennsylvania State Police shall
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conduct a criminal background check on the applicant to ensure
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compliance with this section. No application may be approved
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until and unless a criminal background check is completed.
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(f)  Procedure.--Within 30 days of receipt of an application,
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the Pennsylvania State Police, after consideration of the
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application for an owner's registration certificate and all
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information obtained relative to the application, shall either
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approve or deny the application and notify the applicant in
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writing of the determination.
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(g)  Approval.--In the event the application is approved, the
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Pennsylvania State Police shall issue to the applicant an
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owner's registration certificate which shall contain the
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applicant's name, residence, date of birth, photograph and other
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personal information as may be required by the Pennsylvania
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State Police. The owner's registration certificate shall not be
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transferable and shall be carried simultaneously with the
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firearm and shall be exhibited to any police officer upon demand
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for inspection. Registration shall not make lawful the carrying
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or possessing of a firearm if prohibited by law.
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(h)  Denial.--In the event the application is denied, the
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Pennsylvania State Police shall inform the applicant in writing
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of the denial. Any applicant who believes that the applicant's
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application is wrongfully denied may, within ten days after
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receiving notice of the denial, file a written appeal of the
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denial in accordance with 2 Pa.C.S. (relating to administrative
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law and procedure). Within three days after notification of a
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decision unfavorable to the applicant and all time for appeal
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having expired, the applicant shall surrender to the
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Pennsylvania State Police the firearm for which the applicant
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was denied registration.
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(i)  Renewal.--Each registrant must renew registration
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annually. Applications for renewal shall be made by a registrant
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60 days prior to the expiration of the current registration
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certificate.
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Section 5.  Additional duties of registrant.
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Each person holding a registration certificate shall:
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(1)  Notify the Pennsylvania State Police of:
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(i)  The loss, theft or destruction of the
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registration certificate or of a registered firearm
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within 48 hours of the discovery of the loss, theft or
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destruction.
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(ii)  A change in any of the information appearing on
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the registration certificate within 48 hours.
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(iii)  The sale, transfer or other disposition of the
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firearm not less than 48 hours prior to delivery.
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(2)  Return to the Pennsylvania State Police the
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registrant's copy of the registration certificate for any
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firearm which is lost, stolen, destroyed or otherwise
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disposed of within 48 hours.
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(3)  Keep any firearm in the registrant's possession
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unloaded and disassembled or bound by a trigger lock, gun
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safe or similar device unless the firearm is in the
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registrant's immediate possession and control while at the
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registrant's place of residence or business or while being
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used for lawful recreational purposes within this
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Commonwealth. This paragraph shall not apply to law
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enforcement personnel or security personnel while in the
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course of their employment.
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Section 6.  Application fee.
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A nonrefundable fee of $10 per firearm shall accompany each
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application for registration of a firearm and renewal of
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registration of a firearm.
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Section 7.  Penalty.
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A person who violates this act commits a summary offense.
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Section 8.  Regulations.
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The Pennsylvania State Police shall promulgate rules and
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regulations for the implementation of this act.
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Section 9.  Acquisition or possession prohibited by law.
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Nothing in this act shall make lawful the acquisition or
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possession of firearms or firearm accessories which is otherwise
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prohibited by law.
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Section 10.  Effective date.
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This act shall take effect in 180 days.

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JOEL
 
Posts: 1099
Joined: Tue May 06, 2008 7:05 am

RE: HB375 AKA last year's HB 760

Postby JOEL » Mon Mar 09, 2009 5:57 pm

that stinks one of the reasons i want to move to pa was the liberal gun laws[:@]
"Go afield with a good attitude, with respect for the wildlife you hunt and for the forest and fields in which you walk. Immerse yourself in the outdoor experience. It will cleanse your soul and make you a better person." - Fred Bear

Highlander Archery
 
Posts: 547
Joined: Sun Jun 22, 2008 2:29 pm

RE: HB375 AKA last year's HB 760

Postby Highlander Archery » Tue Mar 10, 2009 1:57 am

ORIGINAL: JOEL

that stinks one of the reasons i want to move to pa was the liberal gun laws[:@]


This bill was introduced last year and literally KILLED in committee. Cruz is reintroducing this in the hopes that something has changed. I am confident it will die in committee this time too. Let the legislature know that support of this bill will not be tolerated.

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JOEL
 
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Joined: Tue May 06, 2008 7:05 am

RE: HB375 AKA last year's HB 760

Postby JOEL » Tue Mar 10, 2009 11:55 am

good to know im still house hunting[:)]
"Go afield with a good attitude, with respect for the wildlife you hunt and for the forest and fields in which you walk. Immerse yourself in the outdoor experience. It will cleanse your soul and make you a better person." - Fred Bear

Highlander Archery
 
Posts: 547
Joined: Sun Jun 22, 2008 2:29 pm

RE: HB375 AKA last year's HB 760

Postby Highlander Archery » Tue Mar 10, 2009 2:03 pm

ORIGINAL: JOEL

good to know im still house hunting[:)]


Philly lawmakers have been trying this stuff for years, fortunately it keeps getting crushed. We must remain vigilant and proactive.

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JOEL
 
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Joined: Tue May 06, 2008 7:05 am

RE: HB375 AKA last year's HB 760

Postby JOEL » Tue Mar 10, 2009 4:58 pm

agreed I support the NRA
"Go afield with a good attitude, with respect for the wildlife you hunt and for the forest and fields in which you walk. Immerse yourself in the outdoor experience. It will cleanse your soul and make you a better person." - Fred Bear

Highlander Archery
 
Posts: 547
Joined: Sun Jun 22, 2008 2:29 pm

RE: HB375 AKA last year's HB 760

Postby Highlander Archery » Tue Mar 10, 2009 6:43 pm

Good

and here is a link to your State Legislators or potential legislators [url=http://www.legis.state.pa.us/cfdocs/legis/home/member_information/representatives_dn.cfm]http://www.legis.state.pa.us/cfdocs/legis/home/member_information/representatives_dn.cfm
[/url]
Contacting them is a good idea, even if you don't live in PA yet

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JOEL
 
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Joined: Tue May 06, 2008 7:05 am

RE: HB375 AKA last year's HB 760

Postby JOEL » Wed Mar 11, 2009 2:52 am

Its been my experience that if you dont live in their district and cant vote for them they dont care.I was actually told this by a rep
"Go afield with a good attitude, with respect for the wildlife you hunt and for the forest and fields in which you walk. Immerse yourself in the outdoor experience. It will cleanse your soul and make you a better person." - Fred Bear

Highlander Archery
 
Posts: 547
Joined: Sun Jun 22, 2008 2:29 pm

RE: HB375 AKA last year's HB 760

Postby Highlander Archery » Thu Mar 12, 2009 8:49 am

ORIGINAL: JOEL

Its been my experience that if you dont live in their district and cant vote for them they dont care.I was actually told this by a rep


Tell them you are a sportsman considering spending lots of money in PA and if they support this legislation they will lose your revenues

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JOEL
 
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Joined: Tue May 06, 2008 7:05 am

RE: HB375 AKA last year's HB 760

Postby JOEL » Thu Mar 12, 2009 9:13 am

I tiried that  too botttom line is votes to these people.once im there though you can count on me to hammer my reps[;)]
"Go afield with a good attitude, with respect for the wildlife you hunt and for the forest and fields in which you walk. Immerse yourself in the outdoor experience. It will cleanse your soul and make you a better person." - Fred Bear

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