Category: Pennsylvania

I received the following from the Pennsylvania Federation of Sportsmen’s Clubs:

The House debated the “Reporting Lost & Stolen” amendment till 11:00 last night. It was mostly a speech by Rep. Parker (Phila.) about why this was needed and how it was not an infringement on our rights to buy a firearm. A few other representatives spoke against it, then Rep. Cutler asked to have the amendment withdrawn saying it was unconstitutional based on court rulings that said a convicted felon could not be charged for not reporting, because he would be incriminating himself.

Before Rep. Cutler finished, and any votes could be taken, discussion was cut off because of their rule to end session by 11:00pm.

They were to pick up where they left off at 11:00am this morning. (7 more amendments were filed on the bill last night.) However, when they got to the floor at 11:00, the Democrats were short by about 8 legislators, as they were all in Philly for the Obama rally this morning. When the Republicans made a motion to bring a bill up for vote, the Democrats had to quickly recess for some emergency. They kept everyone waiting around all day to give the 8 missing members a chance to return. When that didn’t happen, they eventually recessed for the day.

They do not return for session until March 31st.

Rumor was that they didn’t have the votes to pass their amendments, so they were going to try to table any further votes on amendments so we couldn’t get any of our amendments voted on either. We’ll have to wait till they return to see what develops.

Thanks to the NRA and John Hohenwarter for working with us on these issues!  And thanks to everyone who took the time to contact their legislators on these issues.

It’s good news they don’t think they have enough to get the amendment passed, but it sucks we have to wait until March 31st.

There’s a bill coming up for vote in Pennsylvania, known as House Bill 1845, which increases the penalty for possessing a firearm with an altered or obliterated serial number from a first degree misdemeanor to a second degree felony (underlined portions of a bill are parts being changed.  Non underlined parts are part of the existing law).

Now, the important part for gun owners is what’s planning to be amended to this bill.   I’m hearing there are plans to ammend the “Castle Doctrine” provision, as well as a provision that will make possession of a Pennsylvania License to Carry Firearms a substitute for the PICS check.  These amendments are sponsored by State Representatives Steven Cappelli (R- 83) and Richard Stevenson (R-8).

But there is a danger lurking.   State Representative David Levdansky (D-39) has filed an amendment for the “victimized twice” provision that enacts criminal penalties for failure to report a lost or stolen firearm.  It’s important to call your state representatives and ask them to support the Stevenson and Cappelli amendments, while opposing the Levdansky amendment.  Getting HB 1845 to come out clean depends on us, so let’s get to work.

Now they will have to take it before the Supreme Court of Pennsylvania:

The state’s Supreme Court will have to reverse itself on a 12-year-old gun-control decision if Philadelphia is going to adopt and enforce its own gun laws, the chief judge of Commonwealth Court told the city yesterday.

President Judge Bonnie Brigance Leadbetter made her statement during a preliminary hearing on a lawsuit filed by City Council members Darrell L. Clarke and Donna Reed Miller. They want the court to recognize Philadelphia’s authority to enact stricter gun laws regarding gun purchases and ownership.

Leadbetter, however, suggested that Commonwealth Court was just a stop on the way to the Supreme Court, which in 1996 upheld a state law forbidding municipalities from regulating firearms.

Until then, Leadbetter asked, “Aren’t we just a way station?”

If the Supreme Court doesn’t go our way, it’ll be the end of preemption in Pennsylvania.  Every city and town will want exemptions, and many of them will pass restrictive laws.  It’ll be impossible to travel the commonwealth to hunt, shoot, and carry for self-defense without significant legal risk.  I hope the Supreme Court reaffirms the 1996 Ortiz decision, and upholds preemption.

If Miller and Clarke fail in court, Mayor Nutter volunteered to take things into his own hands. At the rally, Nutter said he would sign into law gun-control measures being considered by City Council, then enforce them – even though the state Legislature says it can’t be done.

I anxiously await Attorney General Corbett, who is on the short list for governor, and no doubt needs the help of gun owners, to explain to Mayor Nutter than this will be illegal, and officials enforcing these laws can expect to be prosecuted under our Official Oppression statute.

Now Pittsburgh is jumping into the action to screw gun owners in Pennsylvania:

Pittsburgh City Council on Tuesday unanimously approved a resolution encouraging state legislators to pass a law making it mandatory to report lost or stolen handguns.

Council President Doug Shields, along with law enforcement and members of CeaseFire PA, will forward the resolution to Harrisburg, where they hope legislators will address the issue.

A similar bill proposed in the state House last year was tabled in November.

“If any reasonable person loses an item of value in a burglary or theft, they would report it,” Shields said. “These guns are finding their way to crime scenes and killing our sons and daughters.”

Yes, they would report it.  But we don’t throw them in jail if they don’t do it.  This is not an obvious law to someone who doesn’t follow this issue closely, and I’m not about to stand by and watch these people turn Pennsylvania into New Jersey where “when it comes to guns, the citizens acts at his peril” is uttered by courts before good people are issued devastating fines or sent off to the pokey.  This is a bad law, and it must be stopped.

Looks like a proposed ban on concealed carry in Lancaster County Parks is no more.