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Pennsylvania Firearm Owners Association

Articles tagged “Lost & Stolen”

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]