PA residents/gun owners take note

[alan]

Understand that Senator Jane Orie is curculating a draft of legislation that says the same thaing as the following, from last session (Senate 1547). I do not know what the status of proposals, if any, are on the House side. Readers might inquire of their state house people, as well as contacting their senators, respecting support of Orie's proposal. Please see below.

PRINTER'S NO. 2314


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THE GENERAL ASSEMBLY OF PENNSYLVANIA

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SENATE BILL
No. 1547 Session of 2002


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INTRODUCED BY ROBBINS, HELFRICK, MOWERY, M. WHITE, ORIE,
WOZNIAK, D. WHITE, HOLL, BOSCOLA, MADIGAN, RHOADES, WAUGH,
LEMMOND, FUMO, MURPHY AND KASUNIC, OCTOBER 15, 2002


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REFERRED TO JUDICIARY, OCTOBER 15, 2002


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AN ACT

1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for firearms not to
3 be carried without a license and for firearms licenses.

4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6106(b) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended by adding a paragraph to read:
8 § 6106. Firearms not to be carried without a license.
9 * * *
10 (b) Exceptions.--The provisions of subsection (a) shall not
11 apply to:
12 * * *
13 (14) Any person who possesses a valid and lawfully
14 issued license or permit to carry a firearm which has been
15 issued under the laws of any other state or jurisdiction if
16 all of the following apply:
17 (i) The other state or jurisdiction provides a
18 reciprocal privilege for individuals licensed to carry


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1 firearms under section 6109, regardless of whether a
2 reciprocity agreement exists between the Commonwealth and
3 the other state or jurisdiction pursuant to section
4 6109(k).
5 (ii) The Attorney General makes a determination that
6 the licensing requirements of the other state or
7 jurisdiction are similar to those of the Commonwealth.
8 (iii) A notice of the determination under
9 subparagraph (ii) is published in the Pennsylvania
10 Bulletin.
11 * * *
12 Section 2. Section 6109(e)(3), (h), (i) and (k) of Title 18
13 are amended and the section is amended by adding subsections to
14 read:
15 § 6109. Licenses.
16 * * *
17 (e) Issuance of license.--
18 * * *
19 (3) The license shall bear the name, address, date of
20 birth, race, sex, citizenship, Social Security number,
21 height, weight, color of hair, color of eyes and signature of
22 the licensee; the signature of the sheriff issuing the
23 license; a license number of which the first two numbers
24 shall be a county location code followed by numbers issued in
25 numerical sequence; the Firearms License Validation System
26 toll-free telephone number; the reason for issuance; and the
27 period of validation. The sheriff [may also] shall require a
28 photograph of the licensee on the license. The original
29 license shall be issued to the applicant. [The first copy of
30 the license shall be forwarded to the commissioner within
20020S1547B2314 - 2 -


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1 seven days of the date of issue, and a second copy] A copy of
2 the license shall be retained by the issuing authority for a
3 period of six years[.] and shall, at the end of the six-year
4 period, be destroyed unless it has been renewed within that
5 six-year period. The sheriff issuing a license shall, within
6 24 hours of the issuance, provide the Attorney General with
7 the valid license number. No other information on the license
8 may be provided to the Attorney General. Within 24 hours of
9 the expiration of the six-month grace period established by
10 section 6106(b)(12) (relating to firearms not to be carried
11 without a license) for a license which has not been renewed,
12 the sheriff shall inform the Attorney General that the
13 license number is no longer valid.
14 * * *
15 (h) Fee.--
16 (1) The fee for a license to carry a firearm is [$19]
17 $22. This includes [a] all of the following:
18 (i) A renewal notice processing fee of [$1.50. This
19 includes an] $2.50.
20 (ii) An administrative fee of $5 under section 14(2)
21 of the act of July 6, 1984 (P.L.614, No.127), known as
22 the Sheriff Fee Act.
23 (iii) A reciprocity fee of $2. The fee under this
24 subparagraph shall be remitted by the sheriff to the
25 Attorney General to be used to administer section
26 6106(b)(14) and subsection (k).
27 (2) No fee other than that provided by this [paragraph]
28 subsection or the Sheriff Fee Act may be assessed by the
29 sheriff for the performance of any background check made
30 pursuant to this act.
20020S1547B2314 - 3 -


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1 (3) The fee is payable to the sheriff to whom the
2 application is submitted and is payable at the time of
3 application for the license.
4 (4) Except for the administrative fee of $5 under
5 section 14(2) of the Sheriff Fee Act, all other fees shall be
6 refunded if the application is denied but shall not be
7 refunded if a license is issued and subsequently revoked.
8 (5) A person who sells or attempts to sell a license to
9 carry a firearm for a fee in excess of the amounts fixed
10 under this subsection commits a summary offense.
11 (i) Revocation.--A license to carry firearms may be revoked
12 by the issuing authority for good cause. A license to carry
13 firearms shall be revoked by the issuing authority for any
14 reason stated in subsection (e)(1) which occurs during the term
15 of the permit. Notice of revocation shall be in writing and
16 shall state the specific reason for revocation. Notice shall be
17 sent by certified mail, and, at that time, [a copy shall be
18 forwarded to the commissioner] notice shall also be provided to
19 the Attorney General that the license number is no longer valid.
20 An individual whose license is revoked shall surrender the
21 license to the issuing authority within five days of receipt of
22 the notice. An individual whose license is revoked may appeal to
23 the court of common pleas for the judicial district in which the
24 individual resides. An individual who violates this section
25 commits a summary offense.
26 * * *
27 (k) Reciprocity.--The Attorney General [may] shall have the
28 power and duty to enter into reciprocity agreements with other
29 states providing for the mutual recognition of each state's or
30 other jurisdiction's license or permit to carry a firearm. In
20020S1547B2314 - 4 -


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1 order to carry out this duty, the Attorney General is authorized
2 to negotiate reciprocity agreements and grant recognition of any
3 state's or other jurisdiction's license or permit to carry a
4 firearm. The Attorney General shall provide the toll-free
5 telephone number for the Firearms License Validation System to
6 any other state or jurisdiction which has entered into a
7 reciprocity agreement with the Commonwealth.
8 (l) Inquiries.--The Attorney General shall, no later than 30
9 days after the effective date of this subsection and not less
10 than once every six months thereafter, make written inquiry of
11 the appropriate authorities in any other state which does not
12 have a current reciprocity agreement with the Commonwealth as to
13 whether a resident of this Commonwealth may carry a concealed
14 firearm in that state or within a jurisdiction within that state
15 based upon having a valid Pennsylvania license to carry a
16 firearm or whether a resident of this Commonwealth may apply for
17 a concealed firearm carrying license or permit in that state or
18 in a jurisdiction within the state based upon having a valid
19 Pennsylvania license to carry a firearm. The Attorney General
20 shall maintain a current list of those states which have a
21 reciprocity agreement with the Commonwealth, those states and
22 jurisdictions which allow residents of this Commonwealth to
23 carry a concealed firearm based upon having a valid Pennsylvania
24 license to carry a firearm and those states and jurisdictions
25 which allow residents of this Commonwealth to apply for a
26 concealed firearm carrying license or permit based upon a valid
27 Pennsylvania license to carry a firearm. The list shall be made
28 available to the public. This publication is on the Internet.
29 (m) Firearms License Validation System.--The Attorney
30 General shall establish a nationwide toll-free telephone number,
20020S1547B2314 - 5 -


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1 known as the Firearms License Validation System, which shall be
2 operational seven days per week, 24 hours per day for the
3 purpose of responding to inquiries regarding the validity of the
4 license number of any Pennsylvania license to carry a firearm.
5 Notwithstanding any other law to the contrary regarding the
6 confidentiality of information under this chapter, inquiries to
7 the system regarding the validity of license numbers may be made
8 by any individual, including the Pennsylvania State Police and
9 other law enforcement personnel. The Attorney General shall
10 employ and train such personnel as are necessary to administer
11 the provisions of this subsection.
12 Section 3. The Attorney General shall report to the General
13 Assembly within 180 days of the effective date of this act on
14 the agreements which have been consummated pursuant to 18
15 Pa.C.S. § 6109(k).
16 Section 4. Within 60 days of the effective date of this act,
17 the Pennsylvania State Police shall destroy any records, whether
18 in a computerized or automated system or in any other format,
19 concerning any Pennsylvania license to carry a firearm. This
20 section shall not apply to records of individuals who have, in
21 violation of the laws of this Commonwealth, carried a firearm in
22 a vehicle or concealed on or about their persons.
23 Section 5. Within 30 days of the effective date of this act,
24 each sheriff and the chief of police in a city of the first
25 class shall provide the Attorney General with a list of license
26 numbers for all currently valid licenses to carry a firearm
27 which the sheriff or chief of police has issued.
28 Section 6. This act shall take effect in 90 days.


I27L18VDL/20020S1547B2314 - 6 -

 

[Mike Irwin]

That would be nice, but I already have my Pennsylvania permit...

What I don't get, though, is that since Pennsylvania law ALREADY allows non residents to get their PA permit, what the hell point does this amendment serve other than to tack an extra $2 surcharge onto it?

Doesn't make much sense.

 

[EWTHeckman]

We don't have reciprocity with some states such as Virginia because PA doesn't have a system that other states can use to verify the validity of the license. This bill appears to resolve that issue.

It also adds automatic reciprocity with states that recognize a PA license.

Both steps are good news in my book.

 

[alan]

Mike Irwin:

I've had a PA permit or license to carry for more than 20 years, and one thing has always struck me as curious. Other aspects notwithstanding, and given that many more people die in auto mishaps than from shootings, how come it is that the drivers license issued by any of the several states are universally recognized and asccepted by all the others, while weapons carry permits or licenses aren't?

EWTHeckman:

The problem that you mentioned is something that lies in and with The Coal and Iron Cops, otherwise known as The State Police, for it is they that have stood in the way of establishing the "24/7 Toll Free Phone Number", for verification of premits/licenses. Possibly the state AG, Mike Fisher, might have acted more forcefully than he has, but that is grist for another mill, on another day.

Having said, what was above said, I find one problem with last year's proposal, I understand it continues in Senator Orie's proposal, that being the inclusion, on the Permit or License To Carry, of one's Social Security Number.

Mind, the operational phrase, to me at least, is LEGITIMATE. Re that, what is legitimate relationship between ones Social Security Number or "sosch" as it has come to be known,and ANYTHING not directly related to Social Security or a claim for benefits under that program? My Social Security card, across the bottom front, in large typeface reads as follows, and obviously it addresses the Social Security Number that appears above. FOR SOCIAL SECURITY PURPOSES NOT FOR IDENTIFICATION.

Seems to me that a bunch of people aught to be thinking on that apsect of things, and the very broad applications of what has come to be a system of individual registration, which in my view will eventually, if not sooner, lead to the most undersirable of endings.

Thanks for reading.

A general observation, if I may.

Re proposed legislation, the claimed good endings that would be obtained given proper operation/enforcement of some particular law, must be viewed against the context of the very bad endings obtained as a result of improper operation/enforcement of that same legislation. Also, overly broad grants of power and or authority, sooner or later, are directed against the grantor, by the grantee. The foregoing attributed, surprise, surprise to the late Senator and President LBJ

 

[Mike Irwin]

Alan,

I had a Pennsylvania permit starting in 1987, when I lived there, and I always wondered the same thing.

I wish I knew the answer to that.