The law of weapons in Pennsylvania governs the sale, possession, and use of firearms and ammunition at the Commonwealth of Pennsylvania in the United States.
Video Gun laws in Pennsylvania
Shoot violence in the state
In a 2016 analysis by the American Center for Progress Data from the Centers for Disease Control and Prevention, Pennsylvania was ranked 30th for overall armed deaths, including fatalities due to violence and suicide. Deaths from weapons increased between 2005 and 2014, with 13,781 people killed using firearms. State weapons killing rates are very high for colored people.
From 2005 to 2014, 463 women in the state were murdered by their intimate partner. The rate of female arms killings by intimate partners during this period in Pennsylvania is 8% higher than the national average, and 56% of these killings are carried out with weapons.
In 2010, Pennsylvania had the fifth highest level of gun killings among children and teenagers aged 19 and under in the country. Nearly three out of every 100,000 children and teenagers in the state were killed with weapons.
Maps Gun laws in Pennsylvania
Public opinion about weapons control in states
In a January 2013 poll by the Quinnipiac University Polling Institute, 95 percent of registered Pennsylvania voters surveyed supported "requiring background checks for all arms buyers," while 5 percent opposed. Among respondents in households possessing weapons, 95 percent support universal background checks, while 4 percent oppose.
54-58 percent of overall Pennsylvania voters surveyed said that tight weapon laws would be more effective in reducing violence in schools than armed guards. Four percent said they should be less stringent and 35 percent prefer to obey the law at this time. In this same poll, 59 to 39 percent support a national ban on ammunition magazine sales with more than 10 rounds.
Ortiz v. Commonwealth
Two Home Rule Municipalities, Philadelphia and Pittsburgh, attempted to pass the ordinance in 1993 to regulate possession of weapons of attack, after which the Pennsylvania General Assembly passed a law prohibiting them from doing so. Councilor Angel Ortiz of the Philadelphia City Council and other Philadelphia applicants filed a lawsuit against the state in the Commonwealth of Pennsylvania Court, arguing that the state has exceeded its jurisdiction over the Home Rule Municipalities in this case.
On June 17, 1993, Philadelphia mayor Ed Rendell signed and approved Bill no. 508 filed by the Philadelphia City Council, which bans certain types of assault weapons in Philadelphia County. In November 1993, Pittsburgh City Council issued the Ordinance 30-1993, which also banned certain weapon attacks within the physical boundaries of Pittsburgh. This ordinance is planned to regulate the ownership, use, possession or transfer of certain firearms.
The Philadelphia appellant argued that only in Philadelphia should a person get a license to carry any firearm, in a public or public property, regardless of whether it was not hidden or hidden. In all of Pennsylvania, a license is only required if someone carries a hidden firearm or carries one in a vehicle. 18 Pa.C.S.A. 6106 (a).
After this ordinance was enacted, the General Assembly authorized House Bill 185, which changed Title 18 of the Code of Evil, including the Uniform Law of Pennsylvania, 18 Pa.C.S. Ã,§Ã,§ 6101-6124. Amendment, which appeared on 18 Pa.C.S. Ã, § 6120, provided that no county, municipality or municipality can regulate ownership or transfer of firearms or ammunition.
After an oral argument, Pittsburgh petitioned to intervene, which was granted. On February 14, 1995, the Commonwealth Commonwealth Court granted the Commonwealth's initial objection and refused a request for a court decision and a declaration for failure to state the cause of the action. The appeal was followed to the Pennsylvania Supreme Court, but was dismissed in 1996.
The case of the state is that the Constitution of Pennsylvania requires that municipal municipalities of the rule be unable to exercise any force denied by the General Assembly; The General Assembly has dismissed all municipalities the power to regulate ownership, possession, transfer or possession of firearms; and the city authorities are trying to regulate what the General Assembly says it may not be
During this time, State Senator Arlen Specter stated that he was strongly opposed to the bill: "If I think the bill will have a real impact on violent crime, I will support it, criminals have no problem getting weapons, no matter what you do. They get it illegally, it's just a limitation on hunters and athletes. "The scourge is fully supported by the NRA both emotionally and financially because of his attitude on the matter.
State weapons law
Act 192 of 2014
The 192 Act of 2014 allows arms owners and firearms support groups to file lawsuits against local municipalities for their weapons control procedures. Philadelphia, Lancaster, Pittsburgh and five democratic legislators filed a lawsuit on the grounds that the action was unconstitutional. The Pennsylvania High Court ruled in favor of cities and five legislators that the act was unconstitutional on the grounds that the bill should be related to a single subject. Act 192 of 2014 was originally intended to criminalize metal theft. The firearm part of the action is a condition. City lawyer Sozi Tulante released a statement against the bill: "The 192 Act was passed by the General Assembly without notice or public debate, and will overwhelm the court with advocacy litigation even when the plaintiff has no real legal shares in the case." Senator Daylin Leach, one of five democrats into file suites, said: "municipalities revoking regulations can now restore them." During the case, Unconstitutional Justice law David N. Wecht said: "If, by force, the majority of the General Assembly can stuff the rules. "
House Bill 170 of 2017
House Bill 170, introduced by Rick Saccone removes the terms of obtaining a license at the Commonwealth of Pennsylvania to be able to hide firearms legally. The Commonwealth has no requirement to be licensed to carry firearms openly. Saccone stated "If a citizen passes a criminal background check to buy a new firearm, it is clearly unfair and unconstitutionally questionable to add a layer of bureaucratic regulation on those most likely to commit crimes just because citizens prefer to carry their hidden weapons."
Senate Bill 383 from 2017
Senate Bill 383 gave the school board the authority to establish policies and protocols to allow staff members to carry hidden firearms on school property. No mandated school participation. Staff members who choose to carry a concealed firearm must do so legally.
House Bill 921 2014
Written by a representative of Timothy Krieger, the intent of the bill is to eliminate the Pennsylvania Instant Inspection System that supports the National Instant Inspection System and allows the Federal government to oversee background checks instead of state police.
House Bill 501 of 2017
Legislation to remove the second amendment rights of known domestic violence actors while abolishing the ability to surrender their weapons to third parties and replace the waiting period of 60 days with a 24-hour order to surrender their firearms. Senator Thomas Killon's sponsorship memo stated "The intent of this law change is to increase the security of the parties and their children in domestic offenses and the protection of the abuse situation." Improving their safety during these difficult times not only helps these families but also law enforcement is charged with overall public security. "Governor Tom Wolf also supports the bill, stating on its behalf" we must protect victims, spouses, and children of domestic violence and seek to prevent perpetrators of domestic violence from increasing violence they are in everyday places that lead to mass murder. " "It is time for the General Assembly to act on this bipartisan and sensible law to protect victims and reduce violence."
Local legislation
Local
The Philadelphia City Council proposes to mandate all gun owners with minors living in detention they must lock their firearms at all times. Firearms should also be in a locked area with ammunition also in a locked area; apart from firearms. Pittsburgh City Councilor Dan Gilman realizes Pittsburgh City has no laws relating to firearms in city parks. The proposal is a copy and paste of the Commonwealth legislation that limits firearms in state parks. The issue of preemption arose with the problem of gun control in cities and municipal authorities trying to legalize firearms even though state law prevented local governments from certain legislative topics.
Preemption
Preemption states: "No regions, municipalities or municipalities may in any manner arrange ownership, possession, transfer or arms, ammunition, or legitimate ammunition components when transported or transported for purposes not prohibited by this Commonwealth law. " The Commonwealth of Pennsylvania prevents local governments from limiting the rights of firearms owners in their jurisdictions. Although Philadelphia City may pass a weapons control law, it is illegal for them to apply and enforce the law without violating Commonwealth law.
Summary table
Buying firearms
Pennsylvania state law refers to pistols as firearms, while long weapons are used to describe shotgun rifles, or rifles of a certain length or length. Under the age limit to buy long weapons is 18, and the age limit for buying a gun is 21. Although one can have a gun if they are 18 years old and give a gun prize.
To purchase firearms, the buyer must be at least 18 years of age. They can never be punished for violent crimes, should not be immigrants without documents, otherwise mentally ill by courts, drug addicts or custom drunkards, fugitives from courts, have been punished for three separate indictments within five years of the period or subject to active protection from abusive orders.
No firearms are known to be prohibited by state law. The sale of personal handguns must go through licensed dealers, although long rifles can be sold privately without the use of licensed dealers. A licensed dealer shall provide a locking device with a gun unless the gun has a locking device incorporated in the design.
In Pennsylvania, there are over 2,500 federal licensed firearms dealers where people can make purchases. Individuals interested in buying firearms must first fill out an application with their basic information. After the application is complete, the firearms agent will enter the information into the Pennsylvania Instant Inspection System to check whether the person is legally allowed to own a firearm. On average in Pennsylvania, this background check costs $ 20.00 for gun purchases and $ 25.00 for long weapon purchases.
Locals in Pennsylvania can also buy firearms from gun shows and private dealers. When buying from authorized federal dealers, the process remains the same. However, when buying a long gun from a private dealer, an individual is released from background checks. When purchasing a gun from a private dealer, individuals are legally required to complete a firearm transfer at a federally licensed agency. There is a $ 2 fee for instant checkup and an additional $ 3 charge of firearms to cover phone charges.
Transfer of firearms between spouses, parents and children, grandparents or between law enforcement officers who are actively freed from the above requirements. Rifles and rifles can be transferred between unlicensed individuals. Ã, An antique firearm is exempted from requirements relating to firearm transfer through the dealer.
Definition of firearms
The Pennsylvania Uniform Firearms Act defines "firearms" as "any gun or revolver with a barrel of less than 15 inches, any rifle with a barrel of less than 18 inches, any rifle with a barrel of less than 16 inches or a pistol, revolver, rifle or rifle with an overall length of less than 26 inches. "However, some parts of the law include a broader definition that includes all firearms, ie pistols, rifles and rifles, and deals with that part only. Differences must be closely recorded when interpreting laws.
Dealer requirements of weapons
Dealers are prohibited from transferring firearms if the Pennsylvania State Police has issued a "temporary suspension" to investigate whether the person has been convicted of a domestic violence crime disqualifying the person from possession of a firearm.
To sell a gun or a short barrel or a rifle, the dealer must also:
- Ask buyers to complete a purchase application, which includes a statement that the buyer is the actual firearm buyer. The dealer must keep a copy of the application for at least 20 years, sending the original documents to the Pennsylvania State Police within 14 days of the sale, and giving one copy to the buyer;
- Note the approval number in the app; and
- If the buyer passes a background check, send a firearm to the buyer wrapped and dismantled safely.
Carry and hidden transport
Individuals in Pennsylvania were allowed to open carrying firearms as long as the firearms were clearly visible. When hiding firearms, an individual must obtain a Hidden License from the local sheriff's office. An individual must have a Hidden License to carry a firearm loaded in Pennsylvania
In first-class cities, such as Philadelphia, permits are required for both carry concealed, and carry open. A total of 31 states admit Pennsylvania's permission to bring hidden.
When carrying firearms in Pennsylvania without Hidden Taking Permits, firearms and ammunition must be in two separate containers in the vehicle.
To apply for a license to be taken in Pennsylvania, an individual must be at least 21 years of age. The application process requires applying for the Pennsylvania License to Bring the Firearms application to the sheriff from the area in which they are located. Individuals who are not Pennsylvania residents but aged 21 years or older can apply for a Pennsylvania License to Bring a Firearm to every Pennsylvania County Sheriff's office along with the required fees.
Firearms are banned from certain places, including federal court facilities; all other court facilities must provide lockers to secure firearms while conducting business within the court facility pursuant to 18 Pa.C.S 913 (e). Hidden carrying of the school property used to be an unfinished area of ​​law with many law enforcers on the grounds that this practice is strictly prohibited and firearms are proper supporters on the grounds that 18 Pa.C.S. 912 (c) permit licensed persons to bring concealers to school as "other legitimate purposes." On 16 February 2017, the High Court ruled in the case of Commonwealth v. Goslin that other "legal purpose" clauses are a legitimate defense for persons who are legally armed in the school grounds of any connection to school activities. Carrying a pistol in public and public streets of Philadelphia, or in vehicles anywhere in the state, or hidden in or about a person anywhere in the state is prohibited without a "License to Bring a Firearm" (LTCF) or license or license issued by another country honored by Pennsylvania for that purpose. LTCFs are generally not required to openly carry firearms to or about a person, except in a vehicle or in Philadelphia, or during a stated Emergency. The proposed bill in September 2014 will allow teachers and school employees to carry weapons.
Pennsylvania will publish LTCF to both resident and non-resident applicants if there is no good reason to refuse the license. Non-resident applicants must first obtain a license from their home country, unless their home country does not issue a license.
Legal and regulatory
Article 1, Article 21 of the Pennsylvania Constitution states, "The right of citizens to bear arms in defense of themselves and the State will not be questioned."
Pennsylvania has a state preemption for legitimate ownership arrangements, possession, transfer or transportation of firearms, ammunition, or ammunition components. That is, only state laws, not local laws, can govern those things.
Most of the items that must be registered under the National Arms Act such as machine guns, presses, short barrels, and rifles, are prohibited in Pennsylvania as "offensive weapons" unless they are registered under the NFA.
There are no laws governing the sale, purchase, or possession of ammunition, but ammunition that penetrates the armor is illegal in the state.
Pennsylvania law requires that information received by the Pennsylvania State Police on sale be destroyed within 72 hours of completion of a background check. The Pennsylvania Arms Owners Association stated that the Pennsylvania State Police kept a "sales database" of all pistols purchased in the state. Databases are challenged on the basis of what is stated as unambiguous text of the law, in particular "nothing...... shall be construed to permit any government or law enforcement agency or any agent thereof to create, maintain or operate the registry of possession of weapons fire in this Commonwealth "(full text of the above law), the Pennsylvania Supreme Court remains governed at the League of Allegheny County Sportsmen v. Rendell, 860 A.2d 10 (Pa. 2004), that the Pennsylvania database of Sale of pistols is not prohibited by state law because registration is solely from the sale of pistols and not of all weapons.
Act 192 allows gun owners and firearms advocacy groups to file lawsuits against local municipalities for their weapons control procedures. Philadelphia, Lancaster, Pittsburgh and five democratic legislators filed a lawsuit on the grounds that the action was unconstitutional. The Pennsylvania High Court ruled in favor of cities and five legislators that the act was unconstitutional on the grounds that the bill should be related to a single subject. The 192 Act of 2014 was originally intended to criminalize metal theft. The firearm section is a provision.
See also
- Law of Pennsylvania
- Firearms Uniform Act
References
Source of the article : Wikipedia
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