When gun control becomes gun confiscation
In the May 29 edition of The Morning Call, columnist Paul Muschick criticized the Pennsylvania House of Representatives for not immediately taking a vote on a bill in committee. The bill in question is House Bill 770.
While Mr. Muschick correctly stated that House Bill 770 would, ban future sales of assault weapons, the bill does much more than that.
Since Mr. Muschick did not mention any specifics included in that bill, I will take the opportunity to do so.
The bill would make it illegal to, “Possess, use, control, sell, deliver, transfer or manufacture an assault weapon.” The bill includes a long, but not exhaustive, list of firearms that it considers “assault weapons.”
In addition to AR-15-type semi-automatic rifles, the bill would also ban certain semi-automatic pistols and certain shotguns. Also, the bill would ban “large capacity magazines,” which the bill defines as any magazine that holds more than 10 rounds of ammunition.
If the bill were to become law, these provisions would become effective after 60 days.
The bill claims to exempt current, legal firearms owners from these provisions. However, given the language of the bill, it would appear that a current, legal owner could not sell, deliver or transfer the specified firearms and magazines to another party.
What is missing from House Bill 770 is any discussion of how these provisions would be enforced. For example, suppose a current, legal gun owner were to die.
What happens to the firearms and magazines specified in this bill that are owned by that person? Must those firearms and magazines be immediately surrendered to the government? If so, how long do the deceased’s survivors have to effectuate the surrender? Will the government compensate the deceased’s estate for the firearms and magazines surrendered?
Similarly, if a current, legal gun owner were transferred to a skilled care facility, or, becomes incapacitated, would that person’s spouse or other person(s) who lived with that person be compelled to surrender those firearms and magazines to the government? Are they criminals if they do not do so?
Suppose a current, legal gun owner were away from home. Their spouse is home and is attacked by an intruder. The spouse uses one of the gun owner’s firearms specified in this bill to neutralize the intruder. Is the spouse a criminal for using a firearm they did not own?
Suppose a current, legal gun owner were to go hiking or camping with family or friends in an area where bears or other predatory animals are common. Would that gun owner be prohibited from loaning any of the specified firearms and/or magazines to their companions for self-protection?
Do the legal gun owner and those whom the gun owner lends firearms and magazines become criminals? Note that many currently legal semi-automatic pistols and rifles come with a standard magazine that holds more than 10 rounds.
What about going to a gun range for target practice? Suppose a current, legal gun owner were to invite a family member or a friend to go with them to the gun range.
Would that gun owner be prohibited from allowing that family member or friend to use any of the specified firearms or magazines? Do the legal gun owner and those whom the gun owner lends firearms and magazines become criminals? Could the gun owner be compelled to surrender the firearms/magazines to the government?
House Bill 770 has no clear answer to any of these questions.
It is extremely important for our elected representatives to use clear and unambiguous language in the bills they introduce. It is also important for legislators to identify and discuss the potential, unintended consequences of bills as they work their way through the legislative process. And to amend the language of bills to address those unintended consequences.
This is especially true when a bill like HB 770 places a heavy compliance burden on not just law enforcement and gun sellers, but also on current, legal gun owners, their families and friends.
What is clear is that HB 770, as written, is more than just a gun control bill. It is also a gun and magazine confiscation bill simply because, upon the death or incapacitation of the legal gun/ magazine owner, no one else may legally own or possess those guns and magazines. Period.