Tuesday, April 03, 2007

Looks like I am going to be a criminal, if this passes.

They want me to register my guns. And give everything but a DNA sample (they want name, SSN#, birthday, money (a fee of $10 per gun--and they don't specify how long the registration is good for) and worse yet, all guns must be unloaded, locked up, disassembled, and generally rendered absofuckinglutely worthless if not in actual physical possession at the time. Should make it a lot easier for home invasion by thieves, murderers and rapists to acquire their prey this way.

I'll make this simple.

1. If this bill ever comes to a vote, I will start buying guns like crazy (and ammo too). I will get as much "cop killa" ammo as I can find, and buy guns in the largest caliber possible.

2. I will NEVER register my guns. I think the very idea is unconstitutional, and the gummint has no god-damn business knowing what I own or tracking me as a gun owner. The next step is classifying me as a "dangerous citizen" of some such bullshit. Gun registration makes it easier for the gummint to someday come calling to collect the guns (a la Post-Katrina), just ask any Aussie you know (and look at their violent crime rates.)

3. If they come for my guns, I will let the Mrs. and kids out of the house, after saying my goodbyes. If the jack-booted thugs try to execute a "no-knock" warrant, then I'll let the family out after the first firefight is over. I won't execute any wounded LEO left in the house after any raid, I'll treat their wounds and release them (sans weapons and body armor.) Much better treatment than any soldier in Iraq or Afghanistan would get if captured. Sorry, but "just following orders/enforcing the law" doesn't make it right, just ask any resident of Warsaw 1938-1945. I don't care if it is the law, if the law is unjust, then it is wrong to enforce it.

4. My guns are always loaded, always withing quick reach, and there's always a healthy supply of bullets, and tear gas only gives me a runny nose. I have pledged my life and my sacred honor to defending the letter and spirit of the US constitution, and any infringement on my (and your) individual freedom (as this clearly is) is worthy of my life in its opposition. Our founding fathers wanted our gummint to be wary of its citizenry because they are armed. Registration is simply a way for them to 1. Collect a "tax" (registration fee) on all law-abiding gun owners. 2. Identify who needs to be "watched" or otherwise put on a list of concern if the police "need" to enter my home without permission. 3. Otherwise keep tabs on my gun purchases and ownership, so they know how many guns I have, the type, and then they mandate that I can't keep them at the ready if needed--why? So I don't inadvertently hurt myself, or the kids don't either? Both my kids know rule #1 about guns: touch one and I'll break your little fingers. Rule #2: daddy isn't kidding about rule #1. My seven year old has a BB gun, and he's also fired my .22 rifle. He's a darned good shot, and he knows that guns don't kill people, hell, IEDs don't kill people. It's the person controlling it that kills. The kids understand that they don't touch guns because they could accidentally make it go off, even if they are being REALLY CAREFUL, because they don't know how to control it properly.

I've owned guns all of my adult life. I've never had to use one in a violent situation outside of a war zone. I carry frequently, and I am licensed to do so in a concealed manner.

Here's the real issue for me. Owning, and more to the point carrying, a gun is a huge responsibility. You carry with you the power to end a life, or lives. You must be 1. willing to exercise that power if the situation warrants it, and 2. able to tell when the situation merits deadly force. Requiring weapons to be rendered inoperative while stored in the home follows the logic that people don't have the ability to handle a gun safely in what is arguably the safest environment they know. If they can't handle them properly at home, how can people be expected to handle them while carrying? Step 2 is going to be severely restricting any possession of an operating firearm. Step 3 is limiting the types and amounts of weapons, (How many do you really need?) Step 4, only law enforcement (i.e."the state") is allowed to maintain or carry functioning firearms.

Police have already been exempted by the US Supreme court from responsibility for the personal protection of the citizenry. That's why you can't sue them if you are robbed. Obviously, they can't be everywhere at once. If the police can't protect you at all times, you are responsible for your own protection. Whether you live in a good neighborhood or a slum, in the city, burbs, or countryside, YOU are always at some level of risk. Out in the Burbs and woods, there's meth labs, illegal aliens, pot farmers, and general (albeit low) risk for incident. As population density increases, so does your personal risk of victimization. In my job, I sometimes have the unfortunate task of tossing people out of the commissioning program (ROTC). This often accompanies a loss of scholarships, and sometimes even causes a cadet to lose the funding necessary to continue college. That probably increases my risk (and my families risk) of violence from a disgruntled former cadet (okay, it's a small risk, but still a risk). The Mrs. is working to become a clinical social worker. Her goal is to eventually work with troubled teens, too. Is there a risk of one of them stalking or otherwise causing risk of violence to my family? You bet. According to the state, if this bill passes, I can't even keep a firearm loaded and ready in my nightstand, because it wouldn't be in my immediate physical control.

The only crime I've ever been convicted of is speeding. Why does the state assume that I will use my guns for nefarious reasons, or that I am incapable of using them safely?

I wonder how many LEOs support this, and how many would be willing to turn in their badges if they had to enforce it.

Text of the bill follows.


*It may be the meds talking, or this could be written by those damned Uruguayan hackers, so none of this can be used against me. Hell, I may be writing this at gunpoint for all you know.


No. 760 Session of 2007

CURRY, MARCH 19, 2007



1 Relating to firearm registration; providing for duties of the
2 Pennsylvania State Police; and imposing penalties.

3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Firearm
7 Registration Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Antique firearm." Includes:
13 (1) Any firearm, including any firearm with a matchlock,
14 flintlock, percussion cap or similar type of ignition system,
15 manufactured in or before 1898.
16 (2) Any replica of any firearm described in paragraph
17 (1) if the replica:

1 (i) is not designed or redesigned for using rimfire
2 or conventional centerfire fixed ammunition; or
3 (ii) uses rimfire or conventional centerfire
4 ammunition that is no longer manufactured in the United
5 States and that is not readily available in the ordinary
6 channels of commercial trade.
7 (3) Any firearm, other than a machine gun, which,
8 although designed as a weapon, the Pennsylvania State Police
9 finds by reason of the date of its manufacture, value, design
10 and other characteristics is primarily a collector's item and
11 is not likely to be used as a weapon.
12 "Firearm." A weapon which will or is designed or restored to
13 expel a projectile or projectiles by the action of any
14 explosive, the frame or receiver of any such device or any
15 firearm muffler or silencer. The term shall not include:
16 (1) Antique firearms.
17 (2) Any device used exclusively for line-throwing,
18 signaling or safety and required or recommended by the United
19 States Coast Guard or Interstate Commerce Commission.
20 (3) Any device used exclusively for firing explosives,
21 rivets, stud cartridges or any similar industrial ammunition
22 incapable of use as a weapon.
23 Section 3. Registration.
24 (a) General rule.--All firearms in this Commonwealth shall
25 be registered in accordance with this section. It shall be the
26 duty of a person owning or possessing any firearm to cause the
27 firearm to be registered. No person within this Commonwealth may
28 possess, harbor, have under the person's control, transfer,
29 offer for sale, sell, give, deliver or accept any firearm unless
30 the person is the holder of a valid registration certificate for
20070H0760B0881 - 2 -

1 the firearm. No person within this Commonwealth may possess,
2 harbor, have under the person's control, transfer, offer for
3 sale, sell, deliver or accept any firearm which is
4 unregisterable under this act.
5 (b) Nonapplicability.--This section shall not apply to:
6 (1) Firearms owned or under the direct control or
7 custody of any Federal, State or local governmental authority
8 maintained in the course of its official duties.
9 (2) Duty-related firearms owned and possessed by law
10 enforcement officers who are not residents of this
11 Commonwealth.
12 (3) Duty-related firearms owned and possessed by
13 corrections officers who are not residents of this
14 Commonwealth.
15 (4) Firearms owned, manufactured or processed by
16 licensed manufacturers of firearms, bulk transporters or
17 licensed sellers of firearms at wholesale or retail, provided
18 that such persons have all licenses required by law.
19 (5) Any nonresident of this Commonwealth participating
20 in any lawful recreational firearm-related activity in this
21 Commonwealth, or on the way to or from the firearm-related
22 activity in another jurisdiction, provided that the
23 possession or control of the firearm is lawful in the
24 jurisdiction in which the individual resides and that the
25 weapon is either:
26 (i) Broken down in a nonfunctioning state.
27 (ii) Unloaded and enclosed in a case, firearm-
28 carrying box, shipping box or other container.
29 (6) Private security personnel who possess or control
30 any firearm or ammunition within this Commonwealth. Firearms
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1 under this paragraph shall be owned and maintained by the
2 security firm employing the security personnel and shall be
3 registered by the security firm in accordance with this
4 section.
5 Section 4. Insurance.
6 (a) General rule.--No registration certificate shall be
7 issued to any person unless the person:
8 (1) Has not been convicted of a crime of violence.
9 (2) Has not been convicted within the five years prior
10 to the application of any violation of any law relating to
11 the use, possession or sale of any narcotic or dangerous
12 drug.
13 (3) Is not otherwise ineligible to possess a firearm
14 under any Federal or State law.
15 (b) Application.--Every person who is required to register a
16 firearm under this act shall obtain an application for
17 registration of the firearm from the Pennsylvania State Police.
18 The application shall be in writing and sworn under oath and
19 shall require the following information:
20 (1) The name, home and business address, telephone
21 number, date of birth and Social Security number of the
22 applicant.
23 (2) The age, sex and citizenship of the applicant.
24 (3) The name of the manufacturer, the caliber or gauge,
25 the model, type and serial number of each firearm to be
26 registered.
27 (4) Two photographs taken within 30 days immediately
28 prior to the date of filing the application equivalent to
29 passport size showing the full face, head and shoulders of
30 the applicant in a clear and distinguishing manner.
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1 (5) Additional information as the Pennsylvania State
2 Police may deem necessary to process the application.
3 (c) Fingerprinting.--The applicant or registrant shall
4 submit to fingerprinting by the Pennsylvania State Police in
5 accordance with procedures and regulations prescribed by the
6 Pennsylvania State Police.
7 (d) Records.--The Pennsylvania State Police shall cause to
8 be kept an accurate record of each application received and
9 acted upon together with all other information and data
10 pertaining to the application on all applications for owner's
11 registration certificates issued or denied under this act.
12 Applications for owner's registration certificates shall be
13 numbered in consecutive numbers as filed, and each certificate
14 issued shall be identified with the duplicate number of the
15 application upon which it was issued and shall expire
16 automatically one year from the date of issuance.
17 (e) Background check.--The Pennsylvania State Police shall
18 conduct a criminal background check on the applicant to ensure
19 compliance with this section. No application may be approved
20 until and unless a criminal background check is completed.
21 (f) Procedure.--Within 30 days of receipt of an application,
22 the Pennsylvania State Police, after consideration of the
23 application for an owner's registration certificate and all
24 information obtained relative to the application, shall either
25 approve or deny the application and notify the applicant in
26 writing of the determination.
27 (g) Approval.--In the event the application is approved, the
28 Pennsylvania State Police shall issue to the applicant an
29 owner's registration certificate which shall contain the
30 applicant's name, residence, date of birth, photograph and other
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1 personal information as may be required by the Pennsylvania
2 State Police. The owner's registration certificate shall not be
3 transferable and shall be carried simultaneously with the
4 firearm and shall be exhibited to any police officer upon demand
5 for inspection. Registration shall not make lawful the carrying
6 or possessing of a firearm if prohibited by law.
7 (h) Denial.--In the event the application is denied, the
8 Pennsylvania State Police shall inform the applicant in writing
9 of the denial. Any applicant who believes that the applicant's
10 application is wrongfully denied may, within ten days after
11 receiving notice of the denial, file a written appeal of the
12 denial in accordance with 2 Pa.C.S. (relating to administrative
13 law and procedure). Within three days after notification of a
14 decision unfavorable to the applicant and all time for appeal
15 having expired, the applicant shall surrender to the
16 Pennsylvania State Police the firearm for which the applicant
17 was denied registration.
18 (i) Renewal.--Each registrant must renew registration
19 annually. Applications for renewal shall be made by a registrant
20 60 days prior to the expiration of the current registration
21 certificate.
22 Section 5. Additional duties of registrant.
23 Each person holding a registration certificate shall:
24 (1) Notify the Pennsylvania State Police of:
25 (i) The loss, theft or destruction of the
26 registration certificate or of a registered firearm
27 within 48 hours of the discovery of the loss, theft or
28 destruction.
29 (ii) A change in any of the information appearing on
30 the registration certificate within 48 hours.
20070H0760B0881 - 6 -

1 (iii) The sale, transfer or other disposition of the
2 firearm not less than 48 hours prior to delivery.
3 (2) Return to the Pennsylvania State Police the
4 registrant's copy of the registration certificate for any
5 firearm which is lost, stolen, destroyed or otherwise
6 disposed of within 48 hours.
7 (3) Keep any firearm in the registrant's possession
8 unloaded and disassembled or bound by a trigger lock, gun
9 safe or similar device unless the firearm is in the
10 registrant's immediate possession and control while at the
11 registrant's place of residence or business or while being
12 used for lawful recreational purposes within this
13 Commonwealth. This paragraph shall not apply to law
14 enforcement personnel or security personnel while in the
15 course of their employment.
16 Section 6. Application fee.
17 A nonrefundable fee of $10 per firearm shall accompany each
18 application for registration of a firearm and renewal of
19 registration of a firearm.
20 Section 7. Penalty.
21 A person who violates this act commits a summary offense.
22 Section 8. Regulations.
23 The Pennsylvania State Police shall promulgate rules and
24 regulations for the implementation of this act.
25 Section 9. Acquisition or possession prohibited by law.
26 Nothing in this act shall make lawful the acquisition or
27 possession of firearms or firearm accessories which is otherwise
28 prohibited by law.
29 Section 10. Effective date.
30 This act shall take effect in 180 days.

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