Bill Summary – FastDemocracy

PRIOR PRINTER'S NO. 299                              PRINTER'S NO.   2577
                      THE GENERAL ASSEMBLY OF PENNSYLVANIA
                          HOUSE BILL
                          No. 336
                                                 Session of
                                                   2023
     INTRODUCED BY SANCHEZ, ABNEY, KENYATTA, CIRESI, GIRAL, MADDEN,
        SCHLOSSBERG, RABB, VITALI, FIEDLER, HOHENSTEIN, PARKER,
        STURLA, WARREN, KINKEAD, OTTEN, N. NELSON, FRANKEL, CERRATO,
        SHUSTERMAN, MULLINS, GALLOWAY, SALISBURY, SCOTT, ISAACSON,
        SAPPEY, KIM, MADSEN, KRAJEWSKI, HOWARD, BRENNAN, BRIGGS,
        GUENST, CEPEDA-FREYTIZ, BOROWSKI, SCHWEYER, BENHAM, BOYD,
        DALEY, WAXMAN AND O'MARA, MARCH 13, 2023
     AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
        REPRESENTATIVES, AS AMENDED, FEBRUARY 6, 2024
                                      AN ACT
 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
    Consolidated Statutes, in firearms and other dangerous
    articles, prohibiting certain assault weapons.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.      Title 18 of the Pennsylvania Consolidated
 Statutes is amended by adding a section to read:
 § 6121.1.      Certain assault weapons prohibited.
    (a)   Offense defined.--Except as provided in subsection (b),
 a person may not:
          (1)    Possess, use, control, sell, deliver, transfer or
    manufacture an assault weapon.
          (2)    Obtain a license for an act under paragraph (1).
    (b)   Exception.--Subsection (a) shall not apply to:
          (1)    A member of the armed forces of the United States,
    including National Guard and reserve components, a law
    enforcement officer or other public safety officer while
    performing official duties or traveling to or from an
    authorized place of duty if possession of the assault weapon
    is authorized under applicable statute, regulation or
    military or law enforcement policy.
          (2)   A person authorized under applicable statute,
    regulation or military or law enforcement policy to perform
    an act under subsection (a)(1) for the purpose of ensuring
    that an individual under paragraph (1) obtains an assault
    weapon.
          (3)   A person lawfully owning or otherwise possessing an
    assault weapon before the effective date of this section.
    (c)   Definitions.--The following words and phrases when used
 in this section shall have the meanings given to them in this
 subsection unless the context clearly indicates otherwise:
    "Assault weapon."       Any of the following, but not including
 any firearm modified to render it permanently inoperable:
          (1)   A selective-fire firearm capable of fully automatic,
    semiautomatic or burst fire at the option of the user or a
    firearm that has the ability to accept a large-capacity
    magazine.
          (2)   Any of the following semiautomatic firearms:           <--
                (i)    Algimec AGMi.
                (ii)    ArmaLite AR-180.
                (iii)    Australian Automatic Arms SAP Pistol.
                (iv)    Auto-Ordnance Thompson type.
                (v)    Avtomat Kalashnikov AK-47 type.
                (vi)    Barrett Light-Fifty model 82A1.
                (vii)    Beretta AR-70.
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           (viii)    Bushmaster Auto Rifle and Auto Pistol.
           (ix)    Calico models M-900, M-950 and 100-P.
           (x)    Chartered Industries of Singapore SR-88.
           (xi)    Colt AR-15 and Sporter.
           (xii)    Daewoo K-1, K-2, Max-1 and Max-2.
           (xiii)    Evcom MK-IV, MP-9 and MP-45.
           (xiv)    Fabrique Nationale FN/FAL, FN/LAR or FN/FNC.
           (xv)    FAMAS MAS 223.
           (xvi)    Feather AT-9 and Mini-AT.
           (xvii)    Federal XC-900 and XC-450.
           (xviii)    Franchi SPAS-12 and Law-12.
           (xix)    Galil AR and ARM.
           (xx)    Goncz High-Tech Carbine and High-Tech Long
      Pistol.
           (xxi)    Heckler & Koch HK-91, HK-93, HK-94 and SP-89.
           (xxii)    Holmes MP-83.
           (xxiii)    Intratec TEC-9 and Scorpion.
           (xxiv)    Iver Johnson Enforcer model 3000.
           (xxv)    MAC-10, MAC-11 and MAC-11 Carbine type.
           (xxvi)    Ruger Mini-14/5F folding stock model only.
           (xxvii)    Scarab Skorpion.
           (xxviii)    SIG 57 AMT and 500 series.
           (xxix)    Spectre Auto Carbine and Auto Pistol.
           (xxx)    Springfield Armory BM59, SAR-48 and G-3.
           (xxxi)    Sterling MK-6 and MK-7.
           (xxxii)    Steyr AUG.
           (xxxiii)    Streetsweeper and Striker-12 revolving
      cylinder shotguns.
           (xxxiv)    USAS-12.
           (xxxv)    UZI Carbine, Mini-UZI Carbine and Pistol.
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            (xxxvi)      Weaver Arms Nighthawk.
            (xxxvii)      Wilkinson "Linda" Pistol.
      (3)   A semiautomatic firearm not specifically listed in
  paragraph (2) that meets any of the following criteria:
      (2)   A SEMIAUTOMATIC FIREARM THAT MEETS ANY OF THE              <--
  FOLLOWING CRITERIA:
            (i)    The firearm is a semiautomatic rifle that has
      the ability to accept a detachable magazine and has at
      least two of the following:
                   (A)   A folding or telescoping stock.
                   (B)   A pistol grip that protrudes conspicuously
            beneath the action of the weapon.
                   (C)   A bayonet mount.
                   (D)   A flash suppressor or threaded barrel
            designed to accommodate a flash suppressor.
                   (E)   A grenade launcher.
            (ii)    The firearm is a semiautomatic pistol that has
      the ability to accept a detachable magazine and has at
      least two of the following:
                   (A)   An ammunition magazine that attaches to the
            pistol outside of the pistol grip.
                   (B)   A threaded barrel capable of accepting a
            barrel extender, flash suppressor, forward handgrip
            or silencer.
                   (C)   A shroud that is attached to, or partially
            or completely encircles, the barrel and that permits
            the shooter to hold the firearm with the nontrigger
            hand without being burned.
                   (D)   A manufactured weight of 50 ounces or more
            when the pistol is unloaded.
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                  (E)    A semiautomatic version of an automatic
              firearm.
              (iii)   The firearm is a semiautomatic shotgun that
        has at least two of the following:
                  (A)    A folding or telescoping stock.
                  (B)    A pistol grip that protrudes conspicuously
              beneath the action of the weapon.
                  (C)    A fixed magazine capacity in excess of five
              rounds.
                  (D)    An ability to accept a detachable magazine.
        (4) (3)   A part or combination of parts designed or           <--
    intended to convert a firearm into an assault weapon or any
    combination of parts from which an assault weapon may be
    rapidly assembled if those parts are in possession or under
    the control of the same person. This paragraph shall not
    apply to unassembled parts or a combination of parts
    possessed by a dealer licensed under this chapter or a person
    employed by that dealer, which are used to repair or service
    a lawfully possessed firearm.
    "Large-capacity magazine."     A firearm magazine, belt, drum,
 feed strip or similar device that has the capacity of, or can be
 readily restored or converted to accept, more than 10 rounds of
 ammunition but does not include:
        (1)   A feeding device that has been permanently altered
    so that it cannot accommodate more than 10 rounds of
    ammunition.
        (2)   A .22 caliber tube ammunition feeding device.
        (3)   A tubular magazine that is contained in a lever-
    action firearm.
        (4)   A magazine that is permanently inoperable.
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   Section 2.    This act shall take effect in 60 days.
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