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Pennsylvania Firearm Owners Association

Articles by Kris R.

Oral Arguments heard in McDonald v. City of Chicago, IL

Oral arguments were heard today by the Supreme Court in McDonald v. City of Chicago, IL. At the center of the case is Chicago’s effective ban on handgun ownership. Several other issues are addressed in the petition as well. These include mandatory firearm registration, mandatory reporting of changes to registration status of any firearm,  and the rule which renders any firearm whose registration has lapsed no longer eligible for registration.

Lawyers from both side were given the chance to argue their sides before the Justices today, but the overwhelming public opinion is that the Justices will side with the same division as the Heller opinion in a 5 to 4 decision. In Heller, Justices Scalia, Roberts, Kennedy, Thomas and Alito sided in favor of second amendment rights while the remaining Justices dissented. The case is important to both sides as it will have sweeping effects on the ability of states to restrict citizens second amendment rights.

Filed on the same day the Heller decision was decided, this case differs, if only slightly. Washington, D.C. , the center of the Heller case, is of direct federal jurisdiction rather than a city with local and state jurisdictions applying. During arguments today, the divide remained

Link to the case briefs: McDonald v. City of Chicago, IL, Docket No. 08-1521

The coverage is wide, but here are some relevant articles:

By its conclusion, it seemed plain that the court would extend a 2008 decision that first identified an individual right to own guns to strike down Chicago’s gun control law, widely considered the most restrictive in the nation.

New York Times: Supreme Court Still Divided On Guns

The Supreme Court seemed likely to rule for the first time that gun possession is fundamental to American freedom, a move that would give federal judges power to strike down state and local weapons laws for infringing on Second Amendment rights.

The Wall Street Journal: New Ammunition for Gun Rights

To no one’s surprise, the justices gave no sign that they’ve changed their minds in the past two years. Several talked as if the issue when they rule won’t be whether to restrain gun control nationwide but how much room to leave for “reasonable” state and local limits. And that, indeed, is the important question.

Our view on the Second Amendment: Extend gun rights, but leave room for reasonable limits


Pennsylvania seeks to standardize firearm permit process

According to several Pennsylvania news sources,  The Pennsylvania Commission on Crime and Delinquency (PCCD) is pushing for the standardization of the Pennsylvania “License to Carry Firearms”. Through additional research, PAFOA was able to determine that the PCCD is looking to begin a broader initiative to fulfill a state legislated mandate whereby The Pennsylvania Commission on Crime & Delinquency (PCCD) is required by PA Legislative Act 2005-66 to develop and deploy a statewide “modernized and standardized” license to carry system. In an active attempt to meet the state mandate, on December 21, 2009, the PCCD  made available up to $1,000,000 in grants for upgrades to computer hardware, software and peripherals which will enable the each of the 67 counties in Pennsylvania to issue permits by a standard means. The grant available provides $15,000 to any approved agency to perform the upgrades. The deadline for  application for the funds is January 26, 2010 and the terms of the program run from April 1, 2010 through March 31, 2011.

The goal of the License to Carry (LTC) program is to provide a statewide system to provide a standardized method of completing the application, submitting the information to PSP, obtaining confirmation of a successful transaction with PSP, and issuing the identification card for those individuals seeking a license to carry a firearm.

(source: License to Carry Standardization and Modernization, https://www.pccdegmis.state.pa.us/pccd_egmis/Public/OpenAnnouncements.aspx)

PA Legislative Act 2005-66 added section (h)(2) to 18 Pa.C.S. § 6109.

The Pennsylvania Commission on Crime and Delinquency shall implement, within five years of the effective date of this paragraph, a system in conjunction with the Pennsylvania State Police and the Pennsylvania Sheriffs’ Association to standardize and modernize the process of issuing licenses to carry firearms. Upon implementation of the system under this paragraph, the Pennsylvania Commission on Crime and Delinquency shall publish notice thereof in the Pennsylvania Bulletin.

Deputy Sheriff’s Training Bulletin on the new License to Carry system (Search for: Deputy Sheriff Training Bulletin 89 July 2009.pdf)