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Pennsylvania Firearm Owners Association

Articles tagged “Preemption”

Committee Vote on Castle Doctrine and 3 Anti-Gun Bills Tuesday

Tomorrow, the House Judiciary Committee is scheduled to vote on Castle Doctrine legislation – a move we’ve been waiting on since November 19 when they held a hearing! However, it comes at a price.

In addition to the vote on the important self-defense reforms, the committee is planning to vote on three anti-gun bills on the same day!

Contact the members of the House Judiciary Committee today. Tell them that you want their support on HB40 – the Castle Doctrine bill. This specific Castle Doctrine bill will ensure that law-abiding gun owners can feel safe knowing that they can defend themselves from attackers whether it is inside or outside your home. It also protects citizens from the expense of fighting civil lawsuits filed by criminals or their families when self-defense was justified.

But tell them that they must vote down the three gun control bills:

  • HB1043 which would create a “Firearm Trafficking Czar” and lead to another bureaucratic agency looking for ways to restrict gun sales in Pennsylvania.
  • HB1044 that would end preemption and allow cities to create their own gun bans and carry rules, and
  • HB1045 that would arbitrarily ban certain semi-automatic firearms in the Keystone State.

Self-defense reform should not come with a price that includes gun bans, wasteful spending on a new government-funded anti-gun leader, and gutting our state’s gun laws.

Contact the members of the House Judiciary Committee today. Based on the response to Castle Doctrine in other states, we know that gun control groups will get involved in this fight, making it seem as if we will have gun fights on every street corner. As we know, such dire predictions have yet to come true. Make sure you voice is heard! Call, e-mail, or even tweet – just make sure your voice is heard!

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Below are the members of the committee who have not signaled clear support for our rights on these four bills. Please focus your efforts on contacting these lawmakers.

Representative Phone Number Alternative Contact
State Rep. Thomas Caltagirone (D-127) (717) 787-3525 Email
State Rep. Kathy Manderino (D-194) (717) 787-1254 Email
State Rep. John Pallone (D-54) (717) 783-1819 Email
State Rep. Dom Costa (D-21) (717) 783-9114 Email
State Rep. Joseph Brennan (D-133) (717) 772-9902 Email
State Rep. Paul Drucker (D-157) (717) 705-2003 Email

Twitter
State Rep. Bryan Lentz (D-161) (717) 787-8574 Email

Twitter
State Rep. Josh Shapiro (D-153) (717) 783-7619 Email
Twitter
State Rep. Greg Vitali (D-166) (717) 787-7647 Email
State Rep. Chelsa Wagner (D-22) (717) 783-1582 Email
Twitter
State Rep. Ronald Waters (D-191) (717) 772-9850 Email
State Rep. Ron Marsico (R-105) (717) 783-2014  
State Rep. Mike Vereb (R-150) (717) 705-7164 Twitter
State Rep. Will Gabig (R-199) (717) 772-2280  
State Rep. Dick Stevenson (R-8) (717) 783-6438 Email
State Rep. Glen Grell (R-87) (717) 783-2063  
State Rep. Kate Harper (R-61) (717) 787-2801 Twitter
State Rep. Bernie O’Neill (R-29) (717) 705-7170 Email
State Rep. Katie True (R-41) (717) 705-7161  

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.


Metal detector on hold while West Mifflin officials study law

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.


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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