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Posted: 7/8/2003 5:49:32 AM EDT
I got this from DragracerArt; we need to push our own state legislators to kill this one NOW.

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On July 1, 2003, three days before Pennsylvanians were to begin celebrating our Independence from tyrannical British rule, 13 members of the Pennsylvania House of Representatives introduced a bill that would give law enforcement the authority to confiscate all handguns in private possession, unless they are approved by a newly created Handgun Standard Commission.  The catch 22 is that no handgun currently  manufactured today will be able to comply with the standards outlined in the legislation that this Commission must use to approve handgun sales.  These standard(s) will require that the only handguns that will be permitted to be owned will be of the so-called personalized-smart guns design, and no existing handgun will be permitted to be modified.

While the average citizen will be ‘PERMITTED’ to continue to ‘POSSESS’ the non-compliant handguns they own (ones manufactured 4 years prior to the Commission Handgun Standard) they can NEVER sell or even bequeath these firearms to ‘anyone’ else.  This means that the original owner will have to surrender them to the state to get rid of them or the estate of the deceased will be required by this law to surrender these firearms.  Transporting them to the range, or carrying for self-defense, places the average citizen in jeopardy of confiscation of their non-compliant handgun by law enforcement.  However, law enforcement officers and members of the Armed forces of the United States and the Commonwealth will be exempt-for now.  Also, that 4-year span of time between manufacture and the adoption of these so-called Commission performance standards means that the guns manufactured and possessed during this time can NEVER be made legal and MUST be SURRENDERED to the state.

More...

www.acslpa.org/alerts/HB1791.htm
Link Posted: 7/8/2003 6:02:02 AM EDT
[#1]
The actual text from www.legis.state.pa.us/WU01/LI/BI/BT/2003/0/HB1791P2321.HTM

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                                    PRINTER'S NO. 2321


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THE GENERAL ASSEMBLY OF PENNSYLVANIA

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HOUSE BILL
No. 1791 Session of 2003


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       INTRODUCED BY ROONEY, WASHINGTON, THOMAS, JOSEPHS, CURRY,
          WATERS, BEBKO-JONES, JAMES, KIRKLAND, FRANKEL, CORRIGAN,
          MELIO AND WEBER, JULY 1, 2003


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       REFERRED TO COMMITTEE ON JUDICIARY, JULY 1, 2003


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                                    AN ACT

    1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
    2     Consolidated Statutes, establishing the State Handgun
    3     Standard Commission; providing a safety performance standard
    4     for the manufacture of handguns, for the forfeiture of
    5     certain handguns and for enforcement relating to a safety
    6     standard for handguns.

    7     The General Assembly of the Commonwealth of Pennsylvania
    8  hereby enacts as follows:
    9     Section 1.  Chapter 61 of Title 18 of the Pennsylvania
   10  Consolidated Statutes is amended by adding a subchapter to read:
   11                            SUBCHAPTER D
   12                      HANDGUN SAFETY STANDARDS
   13  Sec.
   14  6181.  Legislative findings.
   15  6182.  Definitions.
   16  6183.  State Handgun Standard Commission.
   17  6184.  Safety standard.
   18  6185.  Enforcement.
   19  6186.  Exemptions.



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    1  6187.  Penalties.
    2  6188.  Liability.
    3  § 6181.  Legislative findings.
    4     The General Assembly finds and declares as follows:
    5         (1)  The legislature finds that there are no current laws
    6     or regulations creating a safety standard for personalized
    7     guns.
    8         (2)  In 1994 there were approximately 38,500 gun deaths
    9     nationwide, 49% of all gun deaths were suicides and 46% were
   10     homicides.
   11         (3)  In 1994 in the United States, 88% of all firearm
   12     homicides in which the type of gun was known were caused by
   13     handguns.
   14         (4)  A homicide of a household member is almost three
   15     times more likely to occur in homes with guns than in homes
   16     without guns, and the risk of suicide is increased by nearly
   17     five times in homes with guns. The risk is higher for
   18     adolescents and young adults.
   19         (5)  In 1994 there were about 1,300 unintentional firearm
   20     deaths nationwide.
   21         (6)  The General Assembly believes many firearm deaths
   22     and injuries are needless and can be prevented by a safety
   23     performance standard for handguns.
   24         (7)  The General Assembly further finds that existing
   25     technology makes possible personalized guns which can only be
   26     fired by the authorized user.
   27         (8)  The General Assembly believes that a handgun safety
   28     performance standard is necessary to protect the public
   29     health, safety and welfare.
   30  § 6182.  Definitions.
   20030H1791B2321                  - 2 -


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    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     "Antique firearm."  Either of the following:
    5         (1)  A firearm, including a firearm with a matchlock,
    6     flintlock, percussion cap or similar type of ignition system,
    7     manufactured in or before 1898.
    8         (2)  A replica of a firearm described in paragraph (1) if
    9     the replica:
   10             (i)  is not designed or redesigned for using rimfire
   11         or conventional center fire fixed ammunition; or
   12             (ii)  uses rimfire or conventional center fire fixed
   13         ammunition which is no longer manufactured in the United
   14         States and which is not readily available in the ordinary
   15         channels of commercial trade.
   16     "Authorized user."  A person who owns a handgun or a person
   17  to whom the owner has given consent to use the handgun.
   18     "Commission."  The State Handgun Standard Commission
   19  established in section 6183 (relating to State Handgun Standard
   20  Commission).
   21     "Handgun."  A firearm which has a short stock and is designed
   22  to be held and fired by the use of a single hand and any
   23  combination of parts from which a firearm can be assembled.
   24     "Handgun manufacturer."  A person engaged in the business of
   25  manufacturing handguns for the purpose of sale or distribution.
   26     "Pawnbroker."  A person whose business or occupation includes
   27  the taking or receiving, by the way of pledge or pawn, any
   28  firearm as security for the payment or repayment of money.
   29     "Person."  An individual, corporation, company, association,
   30  firm, partnership, society or joint stock company.
   20030H1791B2321                  - 3 -


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    1     "Safety standard."  The Handgun Safety Performance Standard
    2  described in section 6184 (relating to safety standard).
    3     "Seller" or "dealer."  A person:
    4         (1)  engaged in the business of selling firearms at
    5     wholesale or retail;
    6         (2)  engaged in the business of repairing firearms or of
    7     making or fitting special barrels, stocks or trigger
    8     mechanisms to firearms; or
    9         (3)  who is a pawnbroker.
   10  § 6183.  State Handgun Standard Commission.
   11     (a)  Establishment.--The State Handgun Standard Commission
   12  shall be established within six months following the effective
   13  date of this subchapter and shall promulgate the safety standard
   14  in accordance with section 6184 (relating to safety standard).
   15  safety of handguns.
   16     (b)  Members.--The commission, where possible, shall be
   17  composed of seven members: the Attorney General or the Attorney
   18  General's designee, the Pennsylvania State Police Commissioner
   19  or the commissioner's designee, the Secretary of Health or the
   20  secretary's designee, an injury prevention specialist, a handgun
   21  industry representative, an engineer and a citizen at large. The
   22  members shall be appointed by the Governor. The Governor shall
   23  select a chairperson from among the members of the commission.
   24     (c)  Expenses and compensation.--Commission members shall be
   25  reimbursed for reasonable and necessary expenses, including, but
   26  not limited to, travel, but shall not otherwise be compensated.
   27     (d)  Staff services for the commission.--Staff services for
   28  the commission shall be provided by the Office of Attorney
   29  General.
   30     (e)  Length of existence.--The commission shall exist for the
   20030H1791B2321                  - 4 -
Link Posted: 7/8/2003 6:02:49 AM EDT
[#2]
1  period during which the safety standard is promulgated. Once the
    2  commission has ceased to exist, the Governor, if he deems
    3  necessary, may reestablish the commission for a period of time
    4  designated by the Governor.
    5     (f)  Designation of enforcement agency.--In addition to
    6  promulgating a safety standard, the commission shall designate
    7  the existing State government agency that shall be responsible
    8  for administering, advertising, implementing and enforcing the
    9  safety standard. The commission's designation of an agency shall
   10  be approved by the Governor and the approval shall be published
   11  as a notice in the Pennsylvania Bulletin.
   12  § 6184.  Safety standard.
   13     (a)  General rule.--On or before one year after the
   14  establishment of the commission, the commission shall adopt a
   15  handgun safety performance standard for all handguns
   16  manufactured, possessed, sold, offered for sale, traded,
   17  transferred, shipped, leased, distributed or acquired within
   18  this Commonwealth. The safety standard shall include, but not be
   19  limited to, the following requirements:
   20         (1)  A handgun shall be personalized so that it can only
   21     be fired when operated by that handgun's authorized user or
   22     users.
   23         (2)  The technology establishing personalized handguns
   24     shall be incorporated into the design of a handgun and be
   25     part of its original equipment and not an accessory.
   26         (3)  No personalized handgun may be manufactured to
   27     permit the personalized characteristics to be readily
   28     deactivated.
   29     (b)  Formulation of testing procedures.--The commission shall
   30  formulate the necessary testing procedure to determine if a
   20030H1791B2321                  - 5 -


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    1  handgun complies with the safety standard.
    2     (c)  Designation of testing laboratories.--The commission
    3  shall designate one or more independent laboratories for
    4  determining whether handguns comply with the safety standard.
    5  The laboratories shall use the test method formulated by the
    6  commission to determine compliance.
    7     (d)  Handgun manufacturer's compliance.--
    8         (1)  In accordance with the safety standard, handgun
    9     manufacturers wishing to manufacture, sell, offer for sale or
   10     transfer handguns in this Commonwealth shall submit a
   11     prototype of the handgun model for testing, at the
   12     manufacturer's cost, to one of the independent laboratories
   13     designated by the commission.
   14         (2)  The laboratory shall issue a report directly to the
   15     agency designated by the commission to oversee the
   16     administration and implementation of the safety standard, and
   17     a copy to the manufacturer indicating whether the submitted
   18     handgun met or did not meet the safety standard. If the
   19     submitted handgun did not meet the safety standard, the
   20     report shall describe the reasons therefor.
   21         (3)  If the handgun model fails to meet the safety
   22     standard it shall be unlawful for it to be manufactured,
   23     possessed, sold, offered for sale, traded, transferred,
   24     shipped, leased, distributed or acquired by anyone in this
   25     Commonwealth until:
   26             (i)  It has been modified to meet the commission's
   27         standard.
   28             (ii)  It has passed the independent laboratory test
   29         on resubmission.
   30         (4)  If the handgun model meets the safety standard, the
   20030H1791B2321                  - 6 -


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    1     designated agency shall issue a certificate stating that the
    2     handgun model meets the safety standard; and the words,
    3     "certified personalized handgun" or an equivalent label, as
    4     established by the commission, shall be imprinted on the
    5     approved handguns at the manufacturer's expense.
    6         (5)  Once a handgun model is deemed to meet the safety
    7     standard, the manufacturer, seller or possessor may not alter
    8     the design of the handgun in any manner affecting the safety
    9     of the handgun.
   10     (e)  Promulgating and amending standard.--In promulgating and
   11  amending the safety standard, the procedures as delineated in
   12  the act of July 31, 1968 (P.L.769, No.240), referred to as the
   13  Commonwealth Documents Law, shall be followed.
   14     (f)  Promulgation of rules, regulations and standard.--The
   15  safety standard and any rules or orders issued by the commission
   16  or the designated agency shall be subject to review in
   17  accordance with the Commonwealth Documents Law.
   18  § 6185.  Enforcement.
   19     (a)  Noncompliant handguns prohibited.--On or after four
   20  years from the date of the adoption of the commission's original
   21  safety standard, no handgun that fails to meet the standard
   22  prescribed by the commission pursuant to this subchapter may be
   23  manufactured, possessed, sold, offered for sale, traded,
   24  transferred, shipped, leased, distributed or acquired in this
   25  Commonwealth.
   26     (b)  Seizure.--If a police officer, during the course of
   27  official duties and operating within existing constitutional
   28  constraints on police searches and seizures, discovers a handgun
   29  which under the provisions of this subchapter does not meet the
   30  safety standard, the officer shall take possession of the
   20030H1791B2321                  - 7 -

Link Posted: 7/8/2003 6:03:24 AM EDT
[#3]
  1  handgun. The handgun shall be forfeited to the Commonwealth and
    2  shall be destroyed.
    3     (c)  Enjoining violators.--The Attorney General shall bring
    4  an action on behalf of the Commonwealth against a seller,
    5  manufacturer or possessor of handguns to enjoin further
    6  violations of this subchapter and for such other relief as may
    7  be appropriate.
    8  § 6186.  Exemptions.
    9     The following handguns are exempt from this subchapter:
   10         (1)  Antique handguns legally purchased or acquired in
   11     accordance with current laws.
   12         (2)  Handguns manufactured prior to four years from the
   13     date of the adoption of the original safety standard.
   14     However, such handguns may not be sold, offered for sale,
   15     traded, transferred, shipped, leased or distributed by
   16     dealers after four years from the date of the adoption of the
   17     original safety standard.
   18         (3)  Handguns purchased by police departments, sheriffs
   19     and law enforcement officers and members of the armed forces
   20     of the United States and the Commonwealth.
   21         (4)  Handguns possessed by law enforcement officers on
   22     official assignment in this Commonwealth from any state which
   23     by agreement permits police officers from this Commonwealth
   24     while on assignment in that state to carry firearms without
   25     registration.
   26         (5)  Handguns that are a part of the official equipment
   27     of any Federal agency.
   28  § 6187.  Penalties.
   29     (a)  Penalty for violation.--A person who violates this
   30  subchapter by manufacturing, possessing, selling, offering for
   20030H1791B2321                  - 8 -


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    1  sale, trade, transfer or acquiring a handgun that has not been
    2  certified by an independent testing laboratory as meeting the
    3  safety standard and does not fall within the exemptions stated
    4  in this subchapter commits a felony of the third degree.
    5     (b)  Penalty for altering personalized handguns.--A person
    6  who violates this subchapter by altering the personalized
    7  characteristics of a handgun manufactured, possessed, sold,
    8  offered for sale, traded, transferred, shipped, leased,
    9  distributed or acquired after four years from the date of the
   10  adoption of the original safety standard commits a felony of the
   11  third degree.
   12     (c)  Entities subject to penalty.--The penalties set forth in
   13  this section apply to all public and private manufacturers,
   14  possessors, sales, offers for sale, trades, transfers,
   15  shipments, leases, distributions or acquisitions of handguns.
   16  § 6188.  Liability.
   17     (a)  General rule.--A person who discharges a handgun that
   18  does not meet the safety standard and does not fall within the
   19  exemptions stated in this subchapter and thereby causes personal
   20  injury to any person shall be absolutely liable for such damages
   21  that resulted from that handgun.
   22     (b)  Unauthorized discharge.--A person who owns a handgun
   23  that does not meet the safety standard, is discharged by an
   24  unauthorized person and does not fall within the exemptions
   25  stated in this subchapter and thereby causes personal injury to
   26  any person, shall be absolutely liable for such damages that
   27  resulted from that handgun.
   28     (c)  Applicability.--This section shall apply whether the
   29  discharge of the handgun is legally justified or not, except
   30  when the discharge of the handgun is by a law enforcement
   20030H1791B2321                  - 9 -


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    1  officer in the line of duty or when the discharge is for self-
    2  defense as defined by Federal or State law.
    3     (d)  Common law liability.--Compliance with any safety
    4  standard issued under this subchapter shall not exempt any
    5  person from liability under common law.
    6     Section 2.  This act shall take effect in 60 days.
   D1L18DMS/20030H1791B2321        - 10 -

Link Posted: 7/8/2003 7:30:10 AM EDT
[#4]
What a crock of shit! I figures coming from that crook Rendel. I remember him being the mayor of pilly when i lived in west chester. What's the staus of this bill, and what kind of chance does it have to pass?
Link Posted: 7/8/2003 8:31:54 AM EDT
[#5]
dc899 I "think" it`s a little too far reaching, but I wouldn`t but it past those d@amn democraps.

I hope I`m right.... But only time will tell.

Now what are we going to do about this?
Link Posted: 7/8/2003 10:27:36 AM EDT
[#6]
To whom shall we write to and offer input?
Link Posted: 7/8/2003 1:08:33 PM EDT
[#7]
www.acslpa.org/alerts/HB1791.htm

the original link (also above) that shaggy posted has the names, contact information, and photos of the bills 13 sponsors. maybe a letter to each stating your objection to the bill would be in order...or at least a letter to the prime sponsor. and in addition to letting the sponsors know they have been noticed and noted, send letters to your own representatives stating your objection to the bill.

if you don't know the contact info for your area, the following link makes it pretty easy.

www2.legis.state.pa.us/cfdocs/findyourlegislator/find.cfm

keep in in mind that 11 of the sponsers are from philadelphia area, one from pittsburgh area, and one from erie. also, of the 13, only one is a republican. and she should defintiely be made to publically explain her position. and i'd also be curious to see a statement from each of them regarding their support and sponsorship of the bill to provide some inight into future legislation, but that stuff is for a second letter.

if anyone has difficulty writing, i have a selection of stuff i may be able to put into MS Word Template form that you can adjust to your needs if you like the basic idea. let me see what i can do with that...

Link Posted: 7/8/2003 2:36:43 PM EDT
[#8]
I have to agree with 223spree. I think it is way to far reaching to have a chance. Now if this was Kali it might have a chance. Just my 2 cents.
Link Posted: 7/8/2003 3:52:01 PM EDT
[#9]
The idea isn't well thought out. Just think. If you could only "turn your gun in" or, "sell it on the black market" what do you think people are going to do? That would mean many of the 2 million (?) guns would be sold to criminals.
Where do these guys come up with this ...stuff?
Link Posted: 7/8/2003 4:21:39 PM EDT
[#10]
The low number of sponsors and the fact that no important (ranking) members are sponsors indicates that this bill has little chance of success.  Many times these are floated to show constituents back home they fulfilled some sort of campaign promise.  A lot of wacky bills are introduced but few are ever passed - in fact some good legislation can't make it through the process.  Not to say that this or any other bill should be ignored.
Link Posted: 7/8/2003 4:59:06 PM EDT
[#11]
I've already emailed my reps about this and plan on putting it in writing too.

I suggest people start writing to let them know how you feel about this crap.

I used GOA legislative Action Center to email my reps here's the website.

GOA legislative Action Center
Link Posted: 7/9/2003 6:13:42 AM EDT
[#12]
I have a family member who is a PA state rep.  (not one of the 13 mentioned geniuses).  

This doesn't have a snowball's chance of ever getting out of the judiciary committee.

That said, it's always a good idea to let your reps know how you feel about things.  (This isn't the first or last time that a bill like this will be introduced).

If your rep is one of the sponsors, by all means tell them how you feel.  Also, if your rep is on the judiciary committee (check on the PA House website), you absolutely want to tell them to make sure this never sees the floor of the house.  

Lastly, if you are not registered to vote, don't vote, or don't belong to a group that lobbies for the 2nd Amendment, this kind of stuff is exactly why you should.
Link Posted: 7/9/2003 12:55:14 PM EDT
[#13]

Quoted:

Lastly, if you are not registered to vote, don't vote, or don't belong to a group that lobbies for the 2nd Amendment, this kind of stuff is exactly why you should.



Excellent piece of advice Har. If you don't vote , START .
Link Posted: 7/25/2003 9:57:56 AM EDT
[#14]
this bill is still in judiciary. don't forget about it.
Link Posted: 8/1/2003 7:27:35 AM EDT
[#15]
I emailed my state rep earlier thismonth about this bill. This is the reply I received:


This bill was just introduced on 7/1.  It was referred to the Judiciary committee on which I do not serve.  If it actually sees any action I would be surprised. It would not be acceptable to me in its present form.
Link Posted: 8/4/2003 10:22:13 AM EDT
[#16]
I will be contacting Tony Deluca about this one.  That's freaking ridiculous.  

It figures, a democrap gets the govna's seat, and the anti's start dumping their favorite bills into their pocket boy's legislature.hile
Thanks for the heads up!

Link Posted: 8/4/2003 10:38:05 AM EDT
[#17]
Looks like some shit boiled over from Jersey again. Sorry about that, guys.
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