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Pennsylvania Firearm Owners Association

Articles tagged “Philadelphia PA”

The Move to Gut Pennsylvania’s Concealed Carry Reciprocity Agreements

A few weeks ago Bryan Lentz (D-161) introduced House Bill 2536, a bill designed to gut the way reciprocity of Pennsylvania Licenses To Carry Firearms are handled in the Commonwealth. With a few small changed to wording, Rep. Lentz’s bill attempts to implement the misguided anti-gun agenda laid out by Philadelphia’s anti-gun crowd and remove the ability for Pennsylvania residents to carry a firearm on an out-of-state permit. The justification by gun control proponents for such a drastic restriction on your rights boils down to a handful of claims that Pennsylvania residents who were arrested (but not yet convicted) who subsequently had their permits revoked, continued to carry on out-of-state permits. In the eyes of anti-rights groups, you are apparently guilty until proven innocent.

The truth behind the matter however is that most Pennsylvania residents who seek out-of-state permits do so not to avoid the law, but to avoid abuses by their issuing authority, namely the Philadelphia Police Department. It is well known among Philadelphia residents and anyone who is paying attention that Philadelphia only begrudgingly complies with state law when issuing LTCFs and does everything in it’s power to prevent Philadelphia residents from receiving them. They force you to apply in person and limit the hours they allow this to the middle of work days, they demand additional documentation not outlined in state law and require character witnesses to execute affidavits. If you can actually get this far it is not unlikely that the Philadelphia Police Department will look for any excuse to deny issuing your permit, such as in the case of one Korean War Vet who claims being denied for having admitted to “pointing guns and shooting at people” – in reference to his service record.

These abuses are just examples of what happens in the process of applying for a LTCF through the Philadelphia Police Department, should you actually receive one they will look for any excuse to revoke it. For example, if a criminal breaks into your house and steals a firearm, the Philadelphia Police will twist that into a justification to revoke your LTCF. As ridiculous as it sounds, this happens every day and may explain why Philadelphia County is responsible for 30-40% of all state-wide revocations each year.

The irony of House Bill 2536 is that in attempting to use poor arguments to push extreme legislation, anti-gun forces have simply shone a spotlight on abuses by issuing authorities throughout the Commonwealth. As a result gun owners need to be oppose House Bill 2536 in it’s current form (printer’s no. 3790) and demand reform to prevent subjective abuses by issuing authorities.


Choosing the Political Fight instead of Law Enforcement

According to a report by the Philadelphia Daily News, police leadership and prosecutors are upset that law-abiding gun owners are seeking licenses to carry from states that are more strict and uniform in their issuing practices. In an effort to create controversy where little evidence exists, the Daily News embraces sensational hypotheticals that, when broken down, truly reflect upon the dysfunction within Philadelphia’s criminal justice system.

For example, Lt. Lisa King cites concerns that applicants to out-of-state licensing authorities might have been arrested, but never convicted of any crimes. To her, such a situation seemingly demands the denial of Constitutional rights without any effort by authorities to prove guilt. Fortunately for those of us who believe in the rule of law, our justice system is one based on a presumption of innocence until the state can prove its case beyond a reasonable doubt to a jury of our peers.

District Attorney Seth Williams, whose office frequently refuses to process cases of known criminals who are disqualified from owning – let along carrying – a gun, announced plans for his “legislation unit” to look into the matter. Residents of Philadelphia might ask why their tax dollars are being used to lobby rather than prosecute those who have actually committed crimes.

As initially mentioned to the Daily News reporter, PAFOA has firsthand accounts of those who have faced the abusive and arbitrary licensing requirements of the City. When licenses of the victims are regularly revoked simply because a home or car is broken into, it is clear that the Police Department would rather pick on easier targets – those who seek to follow the law – than investigate cases of actual criminals.

Attorney General Tom Corbett’s spokesperson came to the defense of those who opt for an out-of-state permit, noting that the requirements for Florida are actually more strict than Pennsylvania. Though that did not stop the anti-gun group, CeasefirePA from blaming him for the practice. In an admission to the paper, the organization said this is an opening salvo in a planned attack on the Attorney General in the upcoming gubernatorial elections.

Finally, the article does reveal that the Police Department plans to work closely with the District Attorney on the issue. One might assume this means they will work together to prosecute more cases against violent criminals. However, rather than concentrating on getting dangerous people off the streets of Philadelphia, King announced a plan to subpoena records from Florida in order to target the Philadelphia residents who have lawfully obtained a permit from the state. It speaks volumes that the City leaders would rather use resources and manpower to target those who can pass multiple background checks and have appropriate firearms training rather than focusing on putting more hardened criminals behind bars.


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.


Philadelphia: Shameless example of disregarding law

It’s time for Philadelphia leaders to understand that lawlessness by the city government is one of the many factors contributing to the city’s culture of crime and violence. The lack of respect city officials have shown for the laws of Pennsylvania by passing illegal gun-control ordinances sets a tone for residents that honoring the rule of law is optional in this city.

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