“Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008” that creates an exception for companies whose primary business is to manufacture, use, store or transport explosives regulated under federal law.
According to the Sun Sentinal, Peaden the sponsor of the bill “Intended it to exempt places like defense plants, Air Force bases,
things like that,”
Disney is warning its employees that they will be terminated if they leave guns in their car. This appears to be in violation of the new law. Below is a copy of a memo that is being sent to their employees. The NFA and numerous sources have reported receiving the same memo.
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One issue that citizens of many states face is the fact that the BATF forms which are necessary to complete a transfer of ownership of a Class III or NFA weapon (or to make certain Class III weapons)
ostensibly that a local chief law enforcement officer (CLEO) sign the transfer forms. In Tennessee, this is normally the sheriff of the individual’s county of residence except in Davidson County where it is the Chief of Police.
Tennessee law does not prohibit the ownership, possession or use of Class III weapons so long as the individual complies with federal law relative to ownership.
The Tennessee statute Section 39-17-1302 authorizes private ownership of Class III or NFA weapons in Tennessee by providing a defense to a criminal charge of possession of a “prohibited weapon”. Section 39-17-1302 provides, in relevant part:
Some NFA firearms collectors, who are not engaged in any firearms business, have been known to acquire a GCA license to deal in firearms and pay the NFA special tax to acquire NFA firearms for their personal firearms collections. This is not a wise thing to do and violates the National Firearms Act.
Most individual acquire NFA firearms for the following reasons:
(1) to acquire firearms from non-licensee residing out-of-state;
(2) to circumvent requirements imposed on individuals to provide their fingerprints and photographs in order to receive NFA firearms and law enforcement certifications authorizing their receipt of such firearms;
(3) to purchase and use items that they are not legally able to obtain as an individual; and
(4) to avoid NFA transfer tax on firearms they receive from FFL’s/SOT’s.
Warning: These transactions violate the NFA and can only lead to trouble for the individual. In these instances, the individual has committed Federal felonies by falsely stating on a license application and special tax return that the collector intends to conduct a firearms business. Any NFA firearms received tax free by the collector are subject to transfer tax and the collector’s receipt of the firearms tax free violated the NFA. As held in ATF Ruling 76-22, these transfers are unlawful and the firearms received are subject to seizure and forfeiture.
If you hold NFA restricted firearms that are of a personal use in nature, under a business license, you should consider creating a NFA Firearms Trust to hold the title to these items to avoid being in violation of the National Firearms Act.
18 PA.C.S. § 6120 states, “No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.” This type of language is known as a Preemption Clause and denies all counties, municipalities and townships from regulating the ownership, possession, transfer or transportation of firearms or ammunition.
Some may recognize that this section has recently been in the news in regards to several laws that the city of Philadelphia passed limiting the types of firearms that could be owned, as well as, other regulations on firearms ownership. For a discussion of the recent Philadelphia regulations, which are invalid, as well as other regulations in violation of 18 PA.C.S. § 6120.
Another interesting aspect to 18 PA.C.S. § 6120 is its limitation on right of action against gun and ammunition manufacturers. ” No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacturer of firearms or ammunition of the lawful marketing or sale of firearms or ammunition to the public.” (18 PA.C.S. § 6120). However, “Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.” (18 PA.C.S. § 6120)
To fully understand the limitations, one must look to the definition of a “political subdivision.” A political subdivision is defined as “any home rule charter municipality, county, city, borough, incorporated town, township or school district.” (18 PA.C.S. § 6120). Furthermore, a dealer is defined as “any person engaged in the business of selling at wholesale or retail a firearm or ammunition.” (18 PA.C.S. § 6120). Moreover, “firearms” is to have the meaning given to it in 18 PA.C.S. § 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in 18 PA.C.S. § 6304 (relating to sale and use of air rifles).
To download a copy of the new Florida Law – Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of (2008)
Guns-at-work-law-florida.pdf
PA’s firearm laws are consolidated in Title 18, Chapter 61, Sub Chapter A, which translates to 18 PA.C.S. § 6101 et seq. This sub-chapter is known as the Pennsylvania Uniform Firearms Act of 1995 (PA UFA). (18 PA.C.S § 6101). Since the PA UFA has numerous sections, §§ 6101-6127, including subsets thereof, this article will set forth the sections of the PA UFA for quick reference purposes. Separate articles on each section will follow in the future. One of the most important sections is 18 PA.C.S. § 6120, which is a preemption section, denying any county, municipality, or township the power to regulates firearms other than the PA State Legislature.
18 PA.C.S. § 6101: Short Title of sub-chapter
18 PA.C.S. § 6102: Definitions
18 PA.C.S. § 6103: Crimes Committed with Firearms
18 PA.C.S. § 6104: Evidence of Intent
18 PA.C.S. § 6105: Persons not to Possess, Use, Manufacture, Control, Sell, or Transfer Firearms
18 PA.C.S. § 6105.1: Restoration of Firearm Rights for Offenses under Prior Laws of this Commonwealth.
18 PA.C.S. § 6106: Firearms not to be Carried without a License
18 PA.C.S. § 6106.1: Carrying Loaded Weapons other than Firearms
18 PA.C.S. § 6107: Prohibited Conduct during Emergency
18 PA.C.S. § 6108: Carrying Firearms on Public Streets or Public Property in Philadelphia
18 PA.C.S. § 6109: Licenses
18 PA.C.S. § 6110: (Repealed. 1995 June 13, P.L. 1024 No. 17 (Spec. Sess. No. 1).
18 PA.C.S. § 6110.1: Possession of Firearm by Minor
18 PA.C.S. § 6110.2: Possession of Firearm with Altered Manufacturer’s Number
18 PA.C.S. § 6111: Sale or Transfer of Firearms
18 PA.C.S. § 6111.1: Pennsylvania State Police
18 PA.C.S. § 6111.2: Firearm Sales Surcharge
18 PA.C.S. § 6111.3: Firearm Records Check Fund
18 PA.C.S. § 6111.4: Registration of Firearms (No registration may be kept)
18 PA.C.S. § 6111.5: Rules and Regulations
18 PA.C.S. § 6112: Retail Dealer Required to be Licensed
18 PA.C.S. § 6113: Licensing of Dealer
18 PA.C.S. § 6114: Judicial Review
18 PA.C.S. § 6115: Loans on, or Lending or Giving Firearms Prohibited
18 PA.C.S. § 6116: False Evidence of Identity
18 PA.C.S. § 6117: Altering or Obliterating Marks of Identification
18 PA.C.S. § 6118: Antique Firearms
18 PA.C.S. § 6119: Violation Penalty
18 PA.C.S. § 6120: Limitation on the Regulation of Firearms and Ammunition (Preemption)
18 PA.C.S. § 6121: Certain Bullets Prohibited (use of a KTW Teflon coated bullet or other armor- piercing ammunition during the commission of a crime, as set forth in 18 PA.C.S. § 6102)
18 PA.C.S. § 6122: Proof of License and Exception
18 PA.C.S. § 6123: Waiver of Disability or Pardons
18 PA.C.S. § 6124: Administrative Regulations
18 PA.C.S. § 6125: Distribution of Uniform Firearm Laws and Firearm Safety Brochures
18 PA.C.S. § 6126: Expired
18 PA.C.S. § 6127: Firearm Tracing
July 1, 2008: Georgia’s new right to Carry Law goes into effect and there already seems confusion over the law. The Mayor of Atlanta has declared the airport a gun free zone which appears to be in violation of the new law. Although Federal law covers the airport security check points and beyond, the local laws control in the baggage and check in areas.
Georgia’s new law specifically allows for the ability to carry firearms in any area of public transportation which would include the airport.
18 PA.C.S. § 6104 deals with what constitutes intent in relation to 18 PA.C.S. 6105, prohibited persons. “In the trial of a person for committing or attempting to commit a crime enumerated in section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), the fact that that person was armed with a firearm, used or attempted to be used, and had no license to carry the same, shall be evidence of that person’s intention to commit the offense.” (18 PA.C.S. § 6104).
