This ruling sets us up very nicely for a future court battle on all these Lost and Stolen ordinances, provided the Supreme Court is unwilling to revisit Ortiz, which I suspect it won’t.  The City of Philadelphia is losing on virtually all their arguments.  These ordinances were never about lost and stolen guns, straw purchasers or assault weapons, but were merely a means for the City to regain the ability to violate the Pennsylvania Constitution at will, so it could ban guns.  It’s looking increasingly unlikely that ploy will work.

Preemption upheld in Pennsylvania Court

Legislation requiring gun owners tell police if their firearm is lost or stolen will be considered by Harrisburg City Council after Tuesday’s recommendation of support from council’s public safety committee.

Under the proposal anyone discovering the loss or theft of their firearm must tell city police within 24 hours or face a fine of from $50 to $1,000 or up to 90 days in jail.

These laws are more feel-good legislation that allows city councils to tell their constituents they are doing something while not actually doing anything, and on top of that they are completely illegal because firearm regulation is reserved for the state legislature under Pa.C.S. § 6120:

John Hohenwarter, NRA Pennsylvania State Liaison, earlier Tuesday told The Patriot-News “Harrisburg does not have the authority to go out and pass their own ordinance” because firearms can only be regulated at the state level. He said the same is true of the five other cities. “The bottom line is they don’t have the authority to do it so why are they even debating it?”

But nevermind the law, Council President Linda Thompson Explains:

Council President Linda Thompson said the impact of gun violence on the city trumps any threat of legal challenge.

It’s interesting how if a citizen ignores the law they go to jail, but if a city council does it it’s a moral responsibility. Funny how that works.

Harrisburg City Council Backs Illegal “Victimized Twice” Gun Control Measure

We Pennsylvanians are fortunate to have a number of our Congressional delegation among the signers, and they deserve our thanks and praise.  Those Representatives are:

• Tim Holden (PA-17) Dauphin, Lebanon, Schuylkill, Parts of Berks and Perry.
• Paul Kanjorski (PA-11) Carbon, Columbia, Monroe, Lackawanna, Luzerne
• John Murtha (PA-12) Greene County, Parts of nearly half the southwest.
• Christopher Carney (PA-10) Wayne, Pike, Susquehanna, Bradford, Sullivan, etc
• Jason Altmire (PA-04) Allegheny County, Beaver, Butler, parts of others.

But in addition to those above who voted to protect our Second Amendment rights, we should also note those Democrats who chose not to take any preemptive action:

• Robert Brady (PA-01) (Philadelphia)
• Chaka Fattah (PA-02) (Philadelphia)
• Joe Sestak (PA-07) Delaware Co. Chester County (Part)
• Patrick Murphy (PA-08) Bucks County, Philadelphia (Part)
• Allyson Schwartz (PA-13) Montgomery County, Philadelphia (Part)
• Kathleen A. Dahlkemper (PA-3) Erie County, Parts of Surrounding counties
• Michael F Doyle (PA-14) Allegeny County (Pittsburgh)

If your representative is on the first list, call them and thank them for their support.  If they are on the latter list, ask them why they were not among the signers.

This is a very important development in terms of the likelihood we’ll be looking at a new Assault Weapons Ban in the 111th Congress.  It takes 218 votes to pass a bill out of Congress, and with these 65 Democrats, we could lose 28 Republicans, and a renewal still would not have the votes to pass the House.  If Obama wishes to pass a renewal of the failed semi-auto ban of the Clinton years, it will be, at best, an uphill battle.

But this is not to say that gun owners are out of the woods.  We still have anti-gun leadership in key positions in Congress, and still have one of the most anti-gun Presidents in history occupying the Oval Office.  This pass over the mountains may be blocked for the time being, but we must think about where they will try to cross next.

Pro-Gun Democrats Stand Up to Holder

“The attorney general also suggested that re-instituting a U.S. ban on the sale of assault weapons would help reduce the bloodshed in Mexico, where last year 6,000 people were killed in drug-related violence.”

This should not come as a surprise to anyone who has followed Mr. Holder’s career and nomination.

[H/T: Snowflakes In Hell]

US Attorney General Eric Holder Suggests New Assault Weapon Ban

The York City Council on Wednesday tabled a controversial gun proposal at the request of the mayor, despite four council members saying they oppose the legislation.

The proposal, introduced by Councilwoman Toni Smith and backed by York Mayor John Brenner, would require gun owners to report lost or stolen guns within 72 hours.

…

Councilman Cameron Texter said solicitor Shaleeta Washington gave council an opinion saying it would be best to wait because of a state law that prohibits municipalities from making their own gun laws.

[Via the York Daily Record]

York City Council tables illegal Lost & Stolen firearm reporting requirements

The San Francisco Housing Authority has agreed to allow its residents to own guns in a settlement of a National Rifle Association lawsuit that followed last year’s U.S. Supreme Court ruling on the right to bear arms.

In papers filed Monday with a federal judge, the Housing Authority agreed not to enforce a provision it added to tenant leases in 2005 prohibiting the possession of guns and ammunition. The ban will now apply only to illegal gun ownership, like possession of a machine gun or possession of a firearm by a convicted felon.

[Via San Francisco Chronicle]

Heller Effect: S.F. Housing Authority agrees to let tenants own guns

The York City Council will take up an issue Tuesday that municipalities throughout the state have been dealing with: lost and stolen firearms.

The council will hold a committee meeting to discuss a proposed law that would require owners to report lost or stolen firearms within 72 hours. York Mayor John Brenner, a member of PA Mayors for Gun Safety, backs the proposal, which was introduced in November.

The city council meeting is at 7 p.m. on Tuesday, January 13th.

[Via York Daily Record]

York City Council Considering Illegal Lost & Stolen Firearm Reporting Legislation

Plans to install a metal detector at the entrance to West Mifflin council chambers appear to be temporarily on hold while borough officials investigate the legality of such an action.

Metal detector on hold while West Mifflin officials study law.

Metal detector on hold while West Mifflin officials study law

Delaware County was hit with a federal lawsuit yesterday claiming that its policy of refusing to return confiscated firearms unless the owners obtain a court order is unconstitutional.

via Lawsuit: Delco gun policy unconstitutional | Philadelphia Daily News | 12/19/2008.

Lawsuit: Delco gun policy unconstitutional

[H/T Snowflakes in Hell]

National Park Service Rule allowing for Concealed Carry in National Parks published in the Federal Register