Category: Pennsylvania

The battle between Lehigh County District Attorney Jim Martin, and Allentown Mayor Ed Pawlowski continues:

But Pawlowski responded that the new state law would still leave police the difficult job of proving that a straw purchaser was lying about losing the gun. That’s no different from the current system, ”which obviously isn’t working,” he said.

The mayors have acknowledged that only the state may regulate legal guns, but ”this law is about illegal guns,” Easton Mayor Sal Panto Jr. said. The mayors’ argument is that the guns become illegal once they’re lost or stolen.

They are arguing over HB 1845, which was passed last week, and I believe signed by Ed Rendell.  It makes penalties stiff for falsely claiming to police that a gun was lost or stolen, when it was really sold on the streets.  The idea that this isn’t a law regulating the possession of firearms, which is preempted by state law, is absolutely abusrd.  The gun might become an illegal gun, but the possession of it by the person that was victimized was not illegal, and regulation of that possession is strictly a matter of state, and not local law.

HR 1845 has passed the Pennsylvania Senate unanimously.  It had one amendment on it, and will have to go back to the house for a vote, but after that, which should be smooth sailing, it’ll be on to the Governor’s office for a signature, which should be forthcoming.  After this:

• Sheriffs will have to issue emergency LTCFs for qualified applicants.
• Carry completely lawful in state parks
• No Katrina like gun confiscations in Pennsylvania.

Job well done for all the parties involved in getting this to passage.

UPDATE: I’m told the house passed it unanimously right after the senate passed it.  So all it requires now is Rendell’s John Hancock, and it’s law.

Following on the footsteps of Philadelphia, Allentown City Council passed legislation requiring residents or report stolen firearms to police within a certain period of time or face prosecution.  Preemption is a bedrock principle for maintaining our rights in any meaningful form.  This is a regulation on the possession of firearms, and is thus the exclusive domain of the state Legislature.  It is clearly unconstitutional under Pennsylvania law.  Unfortunately, someone will have to get cited before there can be a challenge.  Allentown isn’t the only one:

Pawlowski met in Reading earlier this month with seven other mayors — including Easton’s Sal Panto Jr. and Bethlehem’s John Callahan — to announce that they were introducing the legislation, which they consider to be least in conflict with current state laws.

Least in conflict?  So they admit it is in conflict then?  Good, then it’s illegal.  You can see how if cracks in the foundation of preemption are allowed to form, pretty soon the whole structure weakens and comes tumbling down.  There is a slippery slope here, and if we allow this stuff to stand, pretty soon you wouldn’t be able to transport a firearm through the Commonwealth without running a very serious risk of arrest and prosecution.

This looks pretty clearly to be a violation of preemption:

On Thursday, October 2, at 10:00am, Peter Georgiades, a Second Amendment rights attorney, will be challenging the legality of a recently enacted provision in the Pittsburgh zoning code.  This provision restricts “gun-related businesses” from being established within city limits, even if the lot is zoned for commercial use.  This provision only applies to businesses that are in any way involved with the “sale” of firearms.  This is another blatant attack on the firearm industry and Pennsylvania’s law-abiding citizens.

If you live in the Pittsburgh area, this will probably be pretty interesting to attend.

The Lehigh County District Attorney is resisting attempts by Allentown to pass local gun ordinances similar to Phialdelphia’s.  If people want to know why we defend preemption tooth and nail, this is why.  Before long you have a patchwork of laws that no one can reasonably comply with:

Any officer who makes an arrest under the ordinance could face obstruction of justice charges, Martin said in an interview Monday.

”The issue is clear,” Martin said. ”When it comes to gun-control legislation, any city ordinance is preempted by state law and that makes any Allentown law unenforceable.”

James Martin deserves the support of gun owners for being willing to stand by the law and our state’s constitution.

Eight other mayors in Pennsylvania are planning their own local gun ordinances in contra to state law and the state constitution.  Preemption is a bedrock gun rights principal, and we will fight tooth and nail to preserve it.  A constitutional guarantee is meaningless if it can be infringed and questioned at will by local governments hell bent on destroying it.