PRINTER'S NO. 403 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No. 366 Session of 2015 INTRODUCED BY SACCONE, KRIEGER, DIAMOND, MUSTIO, JAMES, KAUFFMAN, MULLERY, A. HARRIS, M. K. KELLER, MARSHALL, SCHEMEL, DUSH, GABLER, GROVE AND METCALFE, FEBRUARY 9, 2015 REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 9, 2015 AN ACT 1 2 3 Amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in hunting and furtaking, further providing for unlawful devices and methods. 4 5 The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: 6 Section 1. Section 2308(a)(2) and (3) of Title 34 of the 7 Pennsylvania Consolidated Statutes are amended to read: 8 § 2308. 9 (a) Unlawful devices and methods. General rule.--Except as otherwise provided in this 10 title, it is unlawful for any person to hunt or aid, abet, 11 assist or conspire to hunt any game or wildlife through the use 12 of: 13 * * * 14 (2) A semiautomatic [rifle or] pistol. 15 (3) [(Reserved).] A semiautomatic centerfire rifle, 16 unless the semiautomatic centerfire rifle is limited to a 17 five-shell capacity, not including the rifle's chamber. This 18 paragraph includes a semiautomatic rimfire rifle in .22 1 2 3 caliber without an ammunition capacity limit. * * * Section 2. 20150HB0366PN0403 This act shall take effect in 60 days. - 2 - Allegheny County Sportsmen’s League, Inc. CELEBRATING 82 YEARS OF ENHANCING CONSERVATION OF PENNSYLVANIA’S OUTDOOR RESOURCES THE VOICE OF 200,000 LICENSED HUNTERS AND FISHERMEN IN ALLEGHENY COUNTY ACSL on the Web at www.acslpa.org Mailing Address: Member: President: JACK WALTERS HM: 412.884.2148 jwalters@acslpa.org First Vice President: MIKE CHRISTESON HM: 724.222.6160 mchristeson@acslpa.org Second Vice President: KIM STOLFER HM: 412.221.3346 kstolfer@acslpa.org Treasurer: JOSEPH MALLINO jmallino@acslpa.org Directors: DAVE BAGALEY MIKE MARANCHE JIM LIBERTO MIKE KOZAK KIM STOLFER AUDREY PRITCHARD HARRY LEWELLEN EDGAR STEPHAN KLINT MACRO Legislative Chairman: KIM STOLFER 706 Dutch Hill Rd. McDonald, PA 15057 HM. 412.221.3346 FAX. 412.257.1099 activist@fyi.net Executive Secretary Sara Barnett 1028 Hulton Road Verona, PA 15147 Phone: 412.793.4437 sbarnett@acslpa.org National Rifle Association 1028 Hulton Road National Shooting Sports Foundation Verona, PA 15147 U.S. Sportsmen’s Alliance Citzens Committee for the Right to Keep and Bear Arms Hunting with Semi-auto Firearms HB 366 Consider Co-sponsoring Rep Rick Saccone’s Hunting with Semiautomatic Firearms (HB 366) legalizing the use of semi auto firearms for hunting in PA as currently 48 of 50 states now do. Only the states of Delaware and PA still prohibit the use of semi-auto firearms for hunting. Rep Saccone's proposed legislation, if passed, would not automatically allow these semi-auto firearms to be used for hunting, but would simply give the PA Game Commission (PGC) the authority to regulate and allow the use of such semiauto firearms during specific seasons or for specific species as they currently do for semi-auto shotguns and all types of hunting firearms in order to properly manage our various game species. Currently the PGC does allow disabled hunters with amputation of a hand or both hands to use semi-auto firearms for hunting. There have been zero enforcement problems. Other than Delaware, ALL of the other states directly adjoining PA allow the use of semi-auto firearms for hunting. *Points to consider regarding our advocacy of legalizing semi-auto firearms for all especially youth, women and even older male hunters. Semi-Automatic firearms attenuate recoil. One big downside to manually operated firearms, when compared to a semi-automatic rifle is felt recoil. Larger calibers, including 30-06 on up, generate significant recoil that average shooters may not tolerate well. Gas-operated semi-autos softens this recoil. Faster follow up shots. Semi-auto firearms provide for faster reloading for follow-up shots. Combining less recoil, which limits muzzle jump with faster reloading providing hunters the opportunity to get the sights and/or crosshairs back on target for a second or third shot, should it be required, and the semi-auto firearm wins out over manually operated actions for the humane harvesting of game. (reduced recoil and follow up shot is why semi-auto shotguns are so popular) Many of these same semi-auto firearms also have adjustable stocks and pistol grips that make them more user friendly again for young hunters, woman and hunters in general. Greater choices in the use of firearms will encourage out of state hunters to reconsider PA as a choice to make for their hard earned dollars and hunting season selection. This is a sampling of the reasons for allowing PA become the 49th state to allow semi-auto firearms for hunting as this change will retain and help recruit new hunters to carry on the all of recreational activity that hunting provides. We respectfully request that you consider adding your support, by co-sponsoring, this highly desirable upgrade to PA hunters firearm choices as hunters in 48 other states now enjoy. Respectfully, Kim Stolfer Chairman, Legislative Committee Our research shows that of the 48 states that allow semi-auto firearms for hunting (i.e. predators, elk, moose, deer, antelope, bear and small game hunting) that 17 out of 48 states had some magazine capacity restrictions for hunting, out of those 10 states had 5 round limitations (one was less at 3 rounds) as proposed in Rep Saccone’s legislations (including NJ) Listed below are the semi-auto rifle hunting regulation for the 5 states that adjoin PA Before New York SAFE Act passage the limit was 10 rounds for semi-auto. Limit now is 6 rounds -- http://www.dec.ny.gov/outdoor/28182.html • with any semi-automatic firearm with a capacity to hold more than 6 rounds, EXCEPT the following semiautomatic firearms: 1. firearms using .22 or .17 caliber rimfire ammunition, or 2. firearms altered to reduce their capacity to no more than 6 shells at one time in the magazine and chamber combined, or 3. autoloading pistols with a barrel length of less than eight inches. Maryland (not known to be gun owner friendly) allows semi-auto firearms for hunting http://www.eregulations.com/maryland...m-regulations/ Rifle Regulations • Firearms used for deer and bear hunting may not have an ammunition clip loaded with more than 8 cartridges or bullets. If a clip has the capacity to hold more than 8 rounds, the clip does not have to be physically blocked, but no more than 8 cartridges or bullets may be loaded. New Jersey allows the use of semi-auto firearms for hunting even if they are subject to stringent levels of gun control regulations. -- http://www.state.nj.us/dep/fgw/pdf/2014/dighnt22-33.pdf A modern rifle magazine need not be pinned (plugged), but may be loaded with no more than three cartridges. Rife permit holders of all ages may hunt with all rifle types as allowed by New Jersey laws. Ohio has no magazine capacity limit for semi-auto shotguns and handguns and a 3 round capacity limit for rifles in modern center fire calibers. -- http://wildlife.ohiodnr.gov/hunting-...tingequipment West Virginia has no magazine capacity limit for hunting with semi-auto firearms http://www.wvdnr.gov/hunting/hunting_regs.shtm Important note: For DECADES the PA Game Commission has allowed semi-auto shotguns with rifle slugs (accurate out to 200 yards) for special regulations areas for hunting deer and small game. Hunters using these semi-auto firearms are not causing problems in urban areas now. They won’t anywhere else in PA either! Kim Stolfer From: Sent: To: Subject: Rick Saccone <Rsaccone@pahousegop.com> Thursday, March 26, 2015 11:10 AM Kim Stolfer Fwd: NRA Memorandum of Support for HB 366 Sent from my T-Mobile 4G LTE device For a pdf copy of the memorandum of support, please click here. Memorandum of Support Date: March 25, 2015 To: Honorable Members of the Game and Fisheries Committee From: John Hohenwarter RE: House Bill 366 ___________________________________________________________________________ On behalf of the National Rifle Association of America, I am writing to express our support for House Bill 366 (RSaccone), “An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in hunting and furtaking, further providing for unlawful devices and methods.” This proposed legislation would bring Pennsylvania in line with 48 states by removing the ban on hunting with semiautomatic rifles in the Keystone state. As the bill sponsor, Representative Saccone (R-39), has stated, “A semiautomatic firearm simply is one that holds multiple rounds of ammunition. The trigger must still be pulled every time the gun is fired.” Allowing these firearms to be used in the taking of animals would simply allow Pennsylvania hunters the same opportunities and options enjoyed by hunters in every other state, except Delaware. 1 Semi-automatic rifles similar to many manually operated rifles have the ability to hold multiple rounds of ammunition. Representative Saccone’s legislation places a restriction on semi-automatic centerfire rifles by placing a five-round capacity limit, not including the rifle’s chamber. This limitation is consistent with the capacity of most manually operated rifles which usually are capable of holding five rounds. Like manually operated rifles, semiautomatic rifles only fire one bullet each time the trigger is pulled. The difference is that the gun mechanically loads the next round eliminating the need for hunters to reload manually. This ability can make a positive difference if the hunter misses his mark or a misfire occurs. As 48 other states have discovered, allowing hunting with semi-automatic rifles does not pose an additional risk to other hunters or the public. They are reliable and efficient tools in the field. For these reasons, I urge you to support House Bill 366 to provide Pennsylvania hunters with the same opportunities hunters currently enjoy in every other state but one. Please feel free to contact me at 703-267-1208 if you have additional questions or concerns. Thank you. 2 Untfred,S,p,b,rtsmen of Fennsjr finia "The largest statewide individual membership sporting advocacy organization in the Commrrnweallh" Conservation sup'portedthrough thousands of voices for hunting, fishing trapping and our secondamendmentgun rights. Established 1983 OFFICERS President Randy Santucci 412-760-l 492 (Cellular) randy@santuccipd.com Vice President Wayne Haas 7 l7 -856-5848(Cellular) whaas45@comcast.net Treasurer PeteKingsley 7 17-47l -5820(Cellular) krapidrabbit@comcast.net Secretary Blaine M. Toy 724-664-1674 (Cellular) toy stv@windstream.net Chairman of the Board StephenMohr 7 l7 -278-8542 (Cellular) stephenmohr@ mohrswidowmaker.com REGIONAL DIRECTORS Fred Bratchie Phil Wagner Dave L. Williamson Randy Santucci Mike Skickhouser Ronald Cramer DIRECTORS AT LARGE Dr. N. CharlesBolgiano Ralph Saggiomo Jim Wagner WayneA. Bush Ron Benjamin Lon Strayer Mike Frazier USPOF'T'ICIALADDRESS Unified Sportsmenof Pennsylvania P.O.Box 125 . Bainbridge,PA 17502 USPMEMBNRSHIPDWISION USPMembership 5304th Avenue. Sutersville.PA 15083 LegalizingSemi-automatic Firearmsfor HuntingHB 366 The UnifiedSportsmen of Pennsylvania supportsHB 366sponsored by HouseRepresentative RickSacconeto legalizesemi-automatic riflesandpistolsfor hunting. Thislegislation is longoverdueas 48 statescurrentlyallowthe useof semiautomaticriflesandpistolsfor hunting. Pennsylvania hasallowedthe useof semiautomatic for shotguns decadeswithno adverseimpactson gameor safety. Expanding semiautousewill increasehunterinterestand provide a markedadvantagein the harvestof predatorslikecoyotesthat reducegameavailability to sportsmen. As a 2-112yearformermemberof GovernorTomCorbett's AdvisoryCouncilfor Hunting,FishingandConservation, two piecesof legislation to legalizesemiautomaticriflesfor varmints andpredators werereviewedandwereunanimously approvedby the counciladvisingthenGovernorCorbettto supportthemif they cameto hisdesk.Onceagainthe prevailing opiniontowardssemi positive automaticriflesfor huntingis completely Semialtomaticriflesarethe#1 sellingtypeof rifleacrossthe country,andthiswasevidentat the recentHarrisburg outdoorshow, largestof its kindin theworld.Thesectionof the showset aside for firearmmanufacturers, featuredmostlysemiautomatic firearms in comparison to theirmanually operated consumer counterparts, preference was evident. As Pennsylvania hasextensiveruraltractsof landin whichall center fire highpowercalibersof riflesare permitted andveryfew areasare restricted, implementing semiautousageintroduces no increased danger. The natureof reducedrecoilfromsemiautomatic firearmsallows moreaccuratefollowup shots,andallowsusagefromindividuals who otherwisemaystrugglewithrecoilfrommanuallyoperated firearms. In the interestof soliciting froma nationally opinionoutsideof Pennsylvania knownoutdoorfigurewhowouldknowof anyconcernsusingsemiautomatic riflesfor hunting.I contacted emails exchange TedNugentwho I occasionally with,tappinghisextensive huntingexperience in manystatesin our nation. Ted'sresponseto me lastevening3-24-2015 was: ":##i:FI?',;Z'f g#{:;l:'"' ;;;X::,':f;"f handguns,rifles or shotguns have never caused any problemswhafsoeyer in any of the 48 sfafes where they arelegal. (Period)The technologygoe$ WAYbackto the early part of the 20th century & beforeand therers no logic to be found for the banning of such firearms.Surelythe NRA& many professionalgun writers can providesfats & I wish you Godspeedin getting rid of this absurd regulationin PA & CT. Let me know how I can help. pod bless you & yours, carryon, nevergive up! Ted& family." . Eliminating restrictions on residentandnon-resident huntersalikeof their firearmof choicecreatesa morehunterfriendlyenvironment increasing interest in Pennsylvania hunting. RandySantucci President andSW Regional Director UnifiedSportsmen of Pennsylvania
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