Details on HB 1845

Amendments passed to HB 1845:

A06414 (GODSHALL) 202-0 Allows chiefs of police and police commissioners to be exempt from UFA requirements for purchasing firearms for official purposes
A06170 (HARPER) 159-44 Make it a crime to falsely report the loss or theft of a firearm.
A06346 (FAIRCHILD) 203-0 Extends Licenses to Carry expiration for deployed military personnel until 90 days until after return from duty.
A06467 (FAIRCHILD) 180-22 Prevents law enforcement from seizing firearms, ammunition or accessories during a state of emergency, unless such a seizure would be lawful absent the state of emergency
A06378 (ADOLPH) 202-0 Extends the statute of limitations to five years on unlawful firearms transfers.
A06465 (D. O’BRIEN) 202-0 Amends the original statute of limitations to no more than eight years, but allows for prosecution for up to one year after discovery of crime by authorities within that eight year window.
A06348 (METCALFE) 147-55 Provides for immediate issuance of temporary emergency licenses to carry that last for up to 90 days. Bill would allow someone to walk into the sheriff’s office, file proof of danger, swear an affidavit, undergo a background check, and walk out with the temporary license.
A06415 (O’NEILL) 202-0 Enhances penalties for making false statements in connection to purchasing a firearm.
A06178 (LEVDANSKY) 75-128 (failed) Requires a Lost or Stolen Firearm to be reported or face criminal penalties.
A06542 (GODSHALL) 202-0 Creates a registry of lost and stolen firearms. Entries to be deleted after 20 years, or upon return to lawful owner.
A06547 (STABACK) 197-5 Allows for carry in state parks by License to Carry Firearms holders, and also for law enforcement officers.

This, overall, is a good deal for gun owners. The Philly politicians are getting several new tools they can use to go after criminal trafficking of firearms. We will, of course, want to see Philadelphia actually using these laws on criminals. It does no good to not enforce them, and then come back bitching to gun owners they need more controls. This bill gives them some good things, and they need to use them.

We contacted our reps to tell them to oppose the Lost and Carry bill, and it made quite a difference. Now it’s time to contact them and encourage them to support final passage of HB 1845.

Breaking News!

A vote happened on House Bill 1845 tonight.  The Lost and Stolen amendment went down in flames 75-128.  In it’s place, an amendment was filed that makes it a crime to falsely report a firearm as stolen, and this amendment passed.  The “emergency powers” amendment was also passed, along with a provision to get rid of the ban on carry in state parks.  A final vote on the bill will happen tomorrow.  Needless to say, we want to support passage of this bill as amendment.

Great work by the NRA, and all the other groups who were involved, and all the individual citizens who called their state representatives, in defeating the Lost and Stolen bill, and making sure gun owners got something out of it.  I certainly won’t complain about the state park provision!

UPDATE: Looks like we didn’t get castle doctrine, but I’m hearing that will get another committee hearing.

NRA Alert on HB 1845

NRA Alerts that the HB 1845 could be voted on as soon as Wednesday, and there is still an attempt to get the “Lost and Stolen” bill attached to it:

Anti-gun State Representative David Levdansky (D-39) may try to amend this legislation to include a provision that would require gun owners to report the loss or theft of a firearm to law enforcement. The amendment would create criminal penalties for the failure to report a lost or stolen firearm.  This amendment was debated last week on the House floor, but no vote was taken.

Please contact your State Representative TODAY and respectfully urge him or her to oppose the amendment proposed by State Representative Levdansky, and any other amendments that threaten the rights of Pennsylvania’s law-abiding gun owners. For contact information for your State Representative, please click here.

If I sound like a broken record with the “contact your reps” crap, it’s because it’s really really important.  I contact mine so much I almost expect him to know me by name when I am introduced to him next Monday.

New Jersey Threatning FFL Distributor

Not content to close nearly all the gun shops in New Jersey with burdensome regulations, and generally assholery on the part of the state, they’ve now set their sights on Sarco, Inc, which is a large firearms distributor.  This is something that could effect commerce in firearms everywhere else, which is no doubt fine by New Jersey state officials.

HB 1845 Considered – One Amendment Withdrawn

According to today’s session report for the Pennsylvania General Assembly, Representative Levdansky has withdrawn one amendment, A06178, from consideration. Should be noted that this is not the “Lost and Stolen” amendment, but one relating to the original bill, that has to do with altered obliterated serial numbers.  Doesn’t say anything about whether “Lost and Stolen” was considered today, though it was supposed to be on the agenda.  I’ll let folks know when I know more.

What happened can be described in this AP article.  My information was incorrect:

Rep. Bryan Cutler, R-Lancaster, withdrew from the House floor a pending constitutional challenge to legislation that would require owners to report within 72 hours when they realize a handgun has been lost or stolen. Cutler said he would withdraw the constitutional question because of House scheduling needs, but intended to renew it whenever the gun measure comes back before the chamber, perhaps as early as Tuesday.

Sorry folks, I try to be more reliable, but it was hard to tell from the state’s web site exactly what was going on.

UPDATE: The vote on all this is apparently going to be on Wednesday.  It’s looking good, but we need to keep the pressure on.

One Week

One week from today is April 7th, which is when gun owners from across Pennsylvania will be going to Harrisburg to lobby our elected officials so that we may defeat the gun control measures before the legislature, and promote our own bills.

I will be attending myself, and hope you can come too.

Philly Media Turning Up Heat

The Philadelphia Inquirer are such renowned experts on firearms and legal theory, and they believe this “Lost and Stolen” thing is a no brainer.

Come on gang, this isn’t much to ask. The concept is simple and should be noncontroversial: If you own a handgun that’s lost or stolen, you’re required to report it.

Modest? You bet. This proposal – which brought 10 busloads of Philadelphians to the capital the other week with CeaseFirePA – would help stem the sale of illegal handguns, while not infringing upon anyone’s rights.

As reported in The Inquirer last week, Pennsylvania’s lax gun laws permit traffickers to supply hundreds of weapons each year to the state’s meanest streets, as well as those in New Jersey and other neighboring states.

As I’ve stated several times, the problem with this bill is that it’s meant to reduce the state’s burden when it is unable to prove beyond a reasonable doubt that a person has engaged in a straw purchase.  When it’s difficult for the state to meet its burden, it is not, and should not be an acceptable course of action to lower that burden.  That will result in innocent people going to jail, and our system is supposed to protect against that, not encourage it.

If this law passes, there will be people who are victims of thefts, who are unaware of the law, and who have not engaged in any straw purchasing, who will end up being charged under this when they claim their firearms were stolen, after those firearms are later recovered on the streets.   The reason the suburban politicians are all behind this is because upper middle class suburanites all have insurance companies and police departments that are concerned about property crimes.   They won’t think twice about reporting stolen or missing firearms.  It’s the poorer citizen, both rural and urban, who are going to end up being victims twice.  The first time when they had their property stolen, and the second time when they end up charged becuase they didn’t know they had to report it to police.  That is not justice.  That is a travesty, and in a society that proports to care about the rights of the accussed, should not be acceptable practice.

Straw purchasing is already a serious crime, and the state should be held to its burden of proof.  That will mean that sometimes the guilty go free, but that’s generally something we’ve accepted as the cost of living in a free society.  This is a dangerous road the Philadelphia politicians are wanting to go down, and I’m disappointed and outraged that a lot of suburban politicians are willing to go along with this because their constitutents have the money to stay out of trouble.

We Must Act Now!

We’re running a very real risk of getting stuck with the Lost and Stolen gun provision, which will make crime victims criminally liable for having guns go missing or get stolen that they failed to notify authorities about.  Nine suburban GOP state reps are getting on board with this:

Nine Philadelphia-area Republicans signaled last week they would break ranks with their caucus today and support handgun-control legislation when the state House of Representatives resumes debate on a controversial proposal.

The measure, which would require reporting handguns that are lost or stolen, has been vigorously pushed by Democrats in Philadelphia and Pittsburgh as a “common sense” restriction that would reduce gun violence.

Through a legislative maneuver this month, gun-control proponents attached the proposal as an amendment to a separate weapons bill, setting up a possible historic full House vote on a substantive gun-control bill.

They couldn’t get this through committee, so they decided to go the route of adding to a house bill that’s already on the floor.  Here’s what some of our legislators have to say about it:

“I don’t know if it will get any illegal guns off the streets,” Perzel said. “I don’t believe it will have any effect.”

Rep. John Taylor (R., Phila.) said he, too, was a “yes” vote, but he said he was concerned about the potential consequences for law-abiding citizens who fail to report their weapons and who could face criminal charges.

“There is enough sentiment out there that this will really impact regular Joes and that the crackhead going to make straw purchases isn’t going to be affected in the least.”

But, Taylor added, “We have a big enough problem in Philly that I’ll try anything.”

They’ll try anything, even if it means we have to throw “everyday Joe’s” in prison, or subject them to steep fines.  Yeah, that’s the kind of government I want to live under, “We have to do something, even if it’s the wrong thing!” Write your reps and tell them to oppose this crap, especially if any of them are features in this article.  Write your senators too.  Even if this nonsense passes the house, there’s a chance of defeating it in the Senate, which is more friendly than the Democrat controlled house.

Respect for the Law

Reader ErnieD further e-mails:

Did you check out this wording in the bills:

“The statutory limitations of municipalities to regulate the possession, sale and transfer of firearms, as upheld by the Pennsylvania Supreme Court, has been duly considered and incorporated within the body of this legislation. And, we take into account the paramount interests of the public safety of the citizens of our City and Commonwealth.”

Just for reference, this is the statute they’ve duly considered:

18 Pa.C.S.A. § 6120 (a) General rule.–No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.

Perhaps the City Council and Mayor Nutter need to arrange a press conference where they take turns pissing on 18 Pa.C.S.A. § 6120 (a), and Article I, Section 21 of the PA Constitution, for that matter, since that seems to be about the level of respect they seem to have for it.