|Posted:||February 18, 2015 11:16 AM|
|From:||Representative Russ Diamond|
|To:||All House members|
|Subject:||Right to Carry (former HB 1303)|
|In the near future I will be introducing legislation (former HB 1303 of 2013-14 and HB 1066 of 2011-12) to further protect the rights of Pennsylvanians licensed to carry a concealed firearm.
The need for this legislation was highlighted by a case in Lebanon County in 2008 where the sheriff revoked a license after the licensee “open carried” in public. The reason provided by the sheriff for revocation was that the individual's "character and reputation" indicated a likelihood to act in a manner that would be dangerous to herself or others, despite “open carrying” being the only issue at hand. The individual’s license was eventually restored, but only after an appeal before the Court of Common Pleas.
Under current law, a sheriff can unilaterally revoke a license to carry a concealed firearm for “character and reputation” or other “good cause” and the licensee must surrender the license within five days.
While some gun owners have clamored for legislation to completely eliminate a sheriff's discretion and authority in such cases, this legislation would merely require notice and a pre-revocation hearing before a sheriff can revoke the license. The hearing would be before the Court of Common Pleas.
All current objective circumstances (conviction of certain crimes, addiction to illegal drugs, mental instability, etc.) would remain as sufficient cause for automatic/immediate license revocation.
I urge you to join me in providing due process to Pennsylvanians licensed to carry a concealed firearm by co-sponsoring this legislation.
PREVIOUS CO-SPONSORS (HB 1066 of 2011-12): CUTLER, BOYD, CREIGHTON, DENLINGER, ELLIS, EVERETT, FARRY, FLECK, GABLER, GODSHALL, GROVE, HESS, HICKERNELL, KAUFFMAN, METCALFE, METZGAR, MILLER, MURT, PEIFER, PICKETT, PYLE, READSHAW, ROCK, STERN, SWANGER, TALLMAN AND TOEPEL
PREVIOUS CO-SPONSORS (HB 1303 of 2013-14): CUTLER, BARRAR, DAY, DENLINGER, EVANKOVICH, EVERETT, FLECK, GABLER, GIBBONS, GINGRICH, HESS, HICKERNELL, JAMES, KAUFFMAN, KORTZ, KRIEGER, LAWRENCE, LUCAS, MAJOR, MASSER, METCALFE, METZGAR, MILLER, MOUL, MULLERY, MUSTIO, OBERLANDER, READSHAW, REESE, REGAN, ROCK, SANKEY, SWANGER, TALLMAN AND TOEPEL
Introduced as HB715