|Posted:||January 11, 2017 09:16 AM|
|From:||Representative Russ Diamond|
|To:||All House members|
|Subject:||Due Process for Right to Carry Licensees (Former HB 715)|
|In the near future I will be re-introducing legislation (2015-16 HB 715; 2013-14 HB 1303; 2011-12 HB 1066) to further protect the rights of Pennsylvanians licensed to carry a concealed firearm.
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. These two categories are extremely subjective and may allow for abuse in certain instances.
My legislation would require written notice and offer an evidentiary hearing before the license is required to be surrendered. Such hearings would be held in the Court of Common Pleas and would provide licensees with a more objective forum for due process.
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 without a hearing.
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 (2015-16 HB715): KORTZ, CUTLER, BLOOM, DeLUCA, EVANKOVICH, EVERETT, FARRY, GABLER, GIBBONS, GODSHALL, A. HARRIS, HICKERNELL, IRVIN, KAUFFMAN, MAJOR, METCALFE, METZGAR, MOUL, MULLERY, PICKETT, REGAN, SACCONE, SANKEY, TALLMAN, TOEPEL, WHEELAND AND ZIMMERMAN
PREVIOUS CO-SPONSORS (2013-14 HB1303): 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
PREVIOUS CO-SPONSORS (2011-12 HB1066): 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
Introduced as HB265