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HB1091 Introduced in house - Philly Carry
#1
Just came in this morning, no text yet.

Quote:An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for the offense of carrying firearms on public streets or public property in Philadelphia.

Quote:Posted: February 21, 2013 11:36 AM
From: Representative John Taylor
To: All House members
Subject: Mandatory Minimum, Carrying of Illegal Firearms in Philadelphia
I am planning to introduce legislation in the near future which will amend Section 6108 of the Crimes Code (Title 18), which prohibits the carrying of firearms on public streets or public property in Philadelphia by any person who is not licensed or authorized to do so. The current penalty for a violation of this section is a 1st degree misdemeanor.

My bill will establish a new mandatory minimum sentence of two years for any person who possesses a firearm in violation of Section 6108 and is not the lawful owner of that firearm. The offense will be graded as a 3rd degree felony, and a person convicted under this section will not be eligible for parole, probation, work release or furlough.

This measure was drafted in conjunction with the Philadelphia District Attorney’s Office, and is similar to an initiative instituted in New York City in 2005. My intent in offering this proposal is to replicate, in Philadelphia, the same level of success achieved in New York, where violent crime has been reduced overall and shootings have fallen to the lowest levels in nearly two decades.

Please join me in sponsoring this common sense measure to help reduce the number of illegal guns on our streets.

http://amgoa.org/Proposed-Pennsylvania-G...e-Law/8791
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#2
Without an LTCF it's already illegal to carry in Philly.
NRA (Life), GOA, FOAC (Life), NAGR, AMGOA

RocketFoot's Minion since 09-07-2012
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#3
bigdawgbeav;91906 Wrote:Without an LTCF it's already illegal to carry in Philly.

Yes, it looks like this legislator is just trying to increase the penalty for doing so.
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#4
dc dalton;91901 Wrote:Just came in this morning, no text yet.

Quote:An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for the offense of carrying firearms on public streets or public property in Philadelphia.

Quote:Posted: February 21, 2013 11:36 AM
From: Representative John Taylor
To: All House members
Subject: Mandatory Minimum, Carrying of Illegal Firearms in Philadelphia
I am planning to introduce legislation in the near future which will amend Section 6108 of the Crimes Code (Title 18), which prohibits the carrying of firearms on public streets or public property in Philadelphia by any person who is not licensed or authorized to do so. The current penalty for a violation of this section is a 1st degree misdemeanor.

My bill will establish a new mandatory minimum sentence of two years for any person who possesses a firearm in violation of Section 6108 and is not the lawful owner of that firearm. The offense will be graded as a 3rd degree felony, and a person convicted under this section will not be eligible for parole, probation, work release or furlough.

This measure was drafted in conjunction with the Philadelphia District Attorney’s Office, and is similar to an initiative instituted in New York City in 2005. My intent in offering this proposal is to replicate, in Philadelphia, the same level of success achieved in New York, where violent crime has been reduced overall and shootings have fallen to the lowest levels in nearly two decades.

Please join me in sponsoring this common sense measure to help reduce the number of illegal guns on our streets.

http://amgoa.org/Proposed-Pennsylvania-G...e-Law/8791

What constitutes being the "lawful owner of a firearm". Wouldn't this law require a firearm ownership registry?
"As I lay rubber down the street I pray for traction I can keep, but if I spin and begin to slide, please dear God, protect my sweet ride."
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#5
Ahh yes the age old practice of making something more illegal to stop the criminals from breaking the law.

Whack
The law? The law is a human institution...
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#6
ByblosHex;91949 Wrote:What constitutes being the "lawful owner of a firearm". Wouldn't this law require a firearm ownership registry?

Seems like it would also cover if you were a prohibited person.

Since there are plenty of ways of possessing a firearm which you did not buy (e.g. grandfathered in prior to existing laws, relocated from another state, etc.) it would be nearly impossible for either the prosecution or defense to prove unlawful acquisition absent some kind of evidence trail.

OTOH, if you're a 19-year-old with two possession-for-sale convictions and a Jimenez Arms .25 stuck in your belt (which is an inch above your knees), you're busted.

But I do agree that the Philly cops can't be trusted with such a blunt object as this particular wording.
gascolator, proud to be a member of pa2a.org since Nov 2012.
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#7
The DA's office will still drop that charge like they always do in order to get a guilty plea for robbery or assault or whatever else they charged them for. Dodgy
[Image: pa_zps59e4c512.png?t=1379682235]
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#8
If it adds a mandatory minimum to 6108, this could mean that someone who IS qualified for a LTCF under 6109 but has not yet obtained it could become a felon by accidentally stepping onto a city street in a non-exempted way. They can already, under current law, become prohibited but not become a felon (M1 misdemeanors will do that, for those unaware) for such nonsense.

If we have a licensing system for these people the penalty should be an expensive fine but be a non-prohibiting offense level. I agree that for those who are prohibited already it ought to be a severe penalty like this bill would create. This is on the watch list as a potentially awful bill.
IronSight, proud to be a member of pa2a.org since Sep 2012.
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