Jump to Content
Pennsylvania Firearm Owners Association

Articles tagged “Lost & Stolen”

PAFOA Members Help Frustrate MAIG in the Southeast

The “Lost and Stolen” ordinances that have been introduced by Mayors Against Illegal Guns and CeaseFire PA, in communities around the Commonwealth, have come to the Southeast. But we’re happy to report these ordinances, which are illegal, and violate state preemption, have run into some trouble. That trouble is gun owners.

We’re very proud of some of the work of our individual members in helping to frustrate and defeat the passage of virtually all of the ordinances that have been introduced in the new year. First in Radnor, which has tabled the bill for now. On the same day CeaseFire Pennsylvania was pushing for the ordinance in Radnor, Mayors Against Illegal Guns pushed Lost and Stolen in Hatboro. Hatboro has rejected the ordinance in favor of a resolution, which they will be hearing Monday March 22nd. We still oppose the resolution, which urges the General Assembly to pass a statewide law, but we’ve made progress. Ambler Borough decided not to pursue an ordinance a few weeks ago. This week Swarthmore, Pennsylvania has decided to table its Lost and Stolen ordinance.

There is still much work to do here, but we just want to take time to thank our members who put so much time and energy into helping organize other gun owners to fight these ordinances. We particularly want to thank those members who were residents of these municipalities who showed up to speak out against the ordinance to their local elected officials. If we can replicate this excellent example of organization and motivation across the Commonwealth, perhaps we can begin to push Bloomberg’s Mayors group back to New York City where it belongs.


Open Letter to the Radnor Board of Commisioners Regarding Lost & Stolen

To Members of the Radnor Board of Commissioners:

I write to you as the Founder & President of Pennsylvania Firearm Owners Association, an organization representing tens of thousands of gun owners across the Commonwealth, including many in Radnor. We share concerns about the ordinance you may discuss and vote on tonight brought forth by CeasefirePA, as noted in your published agenda.

The so-called “Lost-and-Stolen” firearms ordinance is illegal under current state law. The Pennsylvania Supreme Court held 14 years ago, in the case of Ortiz v. Commonwealth that “The General Assembly, not city councils, is the proper forum for the imposition of [firearms] regulation.” Today, the majority of voters from all parties support that decision, as was reflected in a recent statewide poll.

As you will likely hear from many gun owners tonight, the legal issues that will be created with this ordinance will likely result in costly litigation for the city should you pass and enforce it. These are financial burdens that few city officials will find easy to justify to hardworking taxpayers. However, the members of PAFOA would like to offer an alternative to such expenses. Rather than passing a toothless ordinance designed only to harass gun owners, consider diverting what you plan to budget for the enforcement costs and legal defense to general law enforcement funds. Focus on reducing all crime and fully funding investigative teams who can help put dangerous criminals behind bars.

There are already many federal and state laws on the books that target straw purchasing and other types of criminal gun trafficking. Using what limited resources the town has to fully fund law enforcement needs will help bring the full weight of current laws – all of which are far more strict – down on those who pose a true danger to Radnor’s residents.

We ask that you either table the ordinance indefinitely or take a solid vote against a redundant, meaningless ordinance which will ultimately cost the city far more than its taxpayers can afford in these tight times.

Sincerely,
Daniel Pehrson
Founder & President
Pennsylvania Firearm Owners Association


Preemption upheld in Pennsylvania Court

The NRA has prevailed in the appeal of Philadelphia’s firearms regulations in Commonwealth Court.   The decision can be found here.  NRA tried to restore standing to challenge the other ordinances, including “Lost and Stolen,” but Commonwealth Court did not reverse the lower court’s decision on that matter, but did uphold the decision on the assault weapons ban, and one-gun-a-month ordinances.

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.


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

Following in the footsteps of other Pennsylvania City Councils around Pennsylvania who either don’t know or don’t care about Pennsylvania State Law, the Harrisburg City Council is proposing a “Lost & Stolen” reporting law.

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.


York City Council tables illegal Lost & Stolen firearm reporting requirements

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 Daily Record: Lost & Stolen Gun law won’t scare scarecrows

It seems that while the York City Council is having trouble understanding why Lost & Stolen legislation is both ineffective and illegal, the York Daily Record understands clearly:

The Scarecrow wasn’t exactly a genius — that’s why the straw man wanted a brain.

Likewise, it seems that most “straw purchasers” — people who buy guns for bad guys — have heads more full of hay matter than gray matter.

And so you have to wonder: Does York city really need a complicated new law to torch them?

That’s the question before the York City Council next week. Members are scheduled to vote on an ordinance requiring people to report lost or stolen guns within 72 hours after they discover them missing.

Maybe that seems like common sense — hardly the kind of thing you’d need a law for. Good citizens who have legally purchased firearms would be foolish not to call police if their guns are stolen. That’s just what you do when something gets stolen.

But should it be illegal to fail to do so? Should we run the risk of criminalizing people who, say, have a gun stolen, perhaps by “friends” or family members, who don’t even know their weapons are missing, if they fail to report the loss or theft?

Isn’t that a little like victimizing the victim?

Hopefully such common sense will be contagious.

[Via InYork.com]


York City Council Considering Illegal Lost & Stolen Firearm Reporting Legislation

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]