Important News On Pennsylvania Gun Bills

There’s a bill coming up for vote in Pennsylvania, known as House Bill 1845, which increases the penalty for possessing a firearm with an altered or obliterated serial number from a first degree misdemeanor to a second degree felony (underlined portions of a bill are parts being changed.  Non underlined parts are part of the existing law).

Now, the important part for gun owners is what’s planning to be amended to this bill.   I’m hearing there are plans to ammend the “Castle Doctrine” provision, as well as a provision that will make possession of a Pennsylvania License to Carry Firearms a substitute for the PICS check.  These amendments are sponsored by State Representatives Steven Cappelli (R- 83) and Richard Stevenson (R-8).

But there is a danger lurking.   State Representative David Levdansky (D-39) has filed an amendment for the “victimized twice” provision that enacts criminal penalties for failure to report a lost or stolen firearm.  It’s important to call your state representatives and ask them to support the Stevenson and Cappelli amendments, while opposing the Levdansky amendment.  Getting HB 1845 to come out clean depends on us, so let’s get to work.

More on Nebraska Issue

Joe over at Joe’s Crabby Shack is pondering whether it’s worth accepting the commission in order to get rid of the permit to purchase requirement.

I don’t know all the ins and outs of politics in Nebraska, but it’s a deal I’d be willing to accept in Pennsylvania.  It’s ideal to be able to outright crush everything, but that’s now always how things will go.  Politics is not a rational or neat process.  This is pure speculation on my part that this is how it went down in Nebraska, but a general outline of how it goes:

  1. Gun control legislator sponsors and introduces gun control bill
  2. Various interest groups position on the bill, and mobilize their respective constituencies.
  3. Politicians respond to that pressure, as said sponsor runs around trying to get support for their bill.  Sponsor realizes he can’t get support thanks to pressure from a certain gun rights group.
  4. Sponsor begins amending bill in hopes of finding support.   (Sponsor won’t give up because he has to please his constituents, and avoid losing prestige.)
  5. More support will invariably come on board as bill is altered to placate certain interests.  When support levels of said gun control bill begin to get close to having a chance at passage, the end of gun rights groups political power is nearing.
  6. At this point lobbyists of gun rights groups have a choice.  Remain opposed and run the risk that a bad, albeit watered down bill will pass over their objections.  Or offer sponsor to add something constituents of gun rights groups want in exchange for dropping opposition to the bill.

Obviously NRA took the latter option here. Was it the best option to take?  That depends on what’s important to you.  Obviously NRA can’t conduct a membership poll in the middle of a big political battle, so they have to do their best based on what they know from interacting with members.  But if you boil down what happened here, a very very bad gun banning bill got turned into something that was largely neutral, and got rid of at least one prior restraint on the right to bear arms.

When they tired a semi-automatic ban in Pennsylvania, a similar thing happened.  It’s very rare in the political process to have to make absolutely no concessions, which is why the founding fathers chose to place the right to bear arms outside of it (only in theory thanks to the courts).  The trick is giving up symbolism and gaining substance.  If Cornhusker State gun owners keep turning out performances like they did with this bill, I don’t think they have much to fear from this commission.

Nebraska Gun Ban Defeated

Media article on what happened is here:

“No bill to ban any weapons will pass this Legislature,” Ashford said, explaining his about-face.

Instead, Legislative Bill 958 proposes that the Nebraska Crime Commission study gun violence and illegal firearms trafficking in Nebraska.

The bill also calls for repeal of a 1991 law requiring people to obtain a permit before they can purchase a handgun.

Lawmakers gave the amended measure first-round approval in a 25-13 vote.

Well, I’m glad Ashford his a brick wall in this case.  I think getting rid of a permit to purchase system is a good move.  It’s hard to get rid of bad legiselation even when everyone agrees its bad.  Even harder to turn a gun control bill into something that gets rid of a gun control law.

“I’ve received hundreds of phone calls from NRA members, and I have committed and promised to hundreds of constituents that I would not support this,” said Sen. Arnie Stuthman of Platte Center. “I have no assurances that the NRA has informed its members that it has agreed to the bill.”

Stuthman was one of 13 lawmakers who voted against the bill.

Sen. Ernie Chambers of Omaha said it was almost funny that lawmakers hesitated to support the bill after the considerable concessions Ashford made to the NRA.

NRA’s alert is out here.

After considerable opposition from Nebraska’s law-abiding gun owners, Senator Ashford significantly revised his original bill by removing the sections of the bill dealing with the reporting of lost or stolen firearms, mandatory gun locks and posting requirements. The new version of his bill would, however, have required the creation of an “Assault Weapons Commission” that would have been charged with making a list of firearms that it believed should be illegal in Nebraska. Despite being gutted from its original form, LB958 was still unacceptable to Nebraska’s gun owners and sportsmen. However, thanks to the hard work of NRA and gun owners in Nebraska, Senator Ashford again agreed to narrow the scope of his bill resulting in Amendment 2235.

Read the whole thing to find out what Amendment 2235 is.

Philly Loses in Commonwealth Court

Now they will have to take it before the Supreme Court of Pennsylvania:

The state’s Supreme Court will have to reverse itself on a 12-year-old gun-control decision if Philadelphia is going to adopt and enforce its own gun laws, the chief judge of Commonwealth Court told the city yesterday.

President Judge Bonnie Brigance Leadbetter made her statement during a preliminary hearing on a lawsuit filed by City Council members Darrell L. Clarke and Donna Reed Miller. They want the court to recognize Philadelphia’s authority to enact stricter gun laws regarding gun purchases and ownership.

Leadbetter, however, suggested that Commonwealth Court was just a stop on the way to the Supreme Court, which in 1996 upheld a state law forbidding municipalities from regulating firearms.

Until then, Leadbetter asked, “Aren’t we just a way station?”

If the Supreme Court doesn’t go our way, it’ll be the end of preemption in Pennsylvania.  Every city and town will want exemptions, and many of them will pass restrictive laws.  It’ll be impossible to travel the commonwealth to hunt, shoot, and carry for self-defense without significant legal risk.  I hope the Supreme Court reaffirms the 1996 Ortiz decision, and upholds preemption.

If Miller and Clarke fail in court, Mayor Nutter volunteered to take things into his own hands. At the rally, Nutter said he would sign into law gun-control measures being considered by City Council, then enforce them – even though the state Legislature says it can’t be done.

I anxiously await Attorney General Corbett, who is on the short list for governor, and no doubt needs the help of gun owners, to explain to Mayor Nutter than this will be illegal, and officials enforcing these laws can expect to be prosecuted under our Official Oppression statute.

Pressure from Pittsburgh

Now Pittsburgh is jumping into the action to screw gun owners in Pennsylvania:

Pittsburgh City Council on Tuesday unanimously approved a resolution encouraging state legislators to pass a law making it mandatory to report lost or stolen handguns.

Council President Doug Shields, along with law enforcement and members of CeaseFire PA, will forward the resolution to Harrisburg, where they hope legislators will address the issue.

A similar bill proposed in the state House last year was tabled in November.

“If any reasonable person loses an item of value in a burglary or theft, they would report it,” Shields said. “These guns are finding their way to crime scenes and killing our sons and daughters.”

Yes, they would report it.  But we don’t throw them in jail if they don’t do it.  This is not an obvious law to someone who doesn’t follow this issue closely, and I’m not about to stand by and watch these people turn Pennsylvania into New Jersey where “when it comes to guns, the citizens acts at his peril” is uttered by courts before good people are issued devastating fines or sent off to the pokey.  This is a bad law, and it must be stopped.

Florida “Parking Lot” Bill Passed out of Committee

I still maintain my opposition to this course of action, and I say that as someone who is prohibited from having firearms on company property myself, but my opposition is mostly due to property rights concerns. Looks like they are trying to same tact that worked in Georgia, where the bill will be limited to concealed weapons licensees.

Employers are nonetheless hysterical on the issue of guns, and I think there’s things we can do to encourage the change.  There was an approach, I think it was in Arizona, to create a civil action against employers who forbade firearms, essentially making them liable for the safety of their employees.  To me this is a far better way to deal with the problem, but I suspect, politics being politics, it’s a more difficult political course for many legislatures.

What Happens When You Don’t Fight

The police end up coming to your house to make sure you’re a good little boy responsible gun owner.

VICTORIAN police are planning a crackdown on gun owners. They are set to check whether 18,000 of the state’s registered gun owners have stored their firearms properly.

This is in the face of dropping violent crime using guns along with a drop in gun theft cases as well.  I’d hate to see what they’d institute if gun violence and thefts were on the upswing.

Superintendent Ashley said police would move to stronger enforcement of gun laws. He said it was not a “Big Brother” approach but rather police working with the community to ensure community safety.

The innocent have nothing to fear.  You know, even if you could prove to me that these types of methods actually did lower the violent crime rate, I wouldn’t care.  A society where the police can check up on me at will to ensure my compliance with “community safety” isn’t a society that’s free, and isn’t one I want to live in.

A City Created Danger

Philadelphia is continuing its campaign to act as if it is not part of the Commonwealth by exempting itself from our state’s laws.

Today’s hearing will focus on challenges to the lawsuit filed by the state House and Senate.

The hearing will be followed by an 11 a.m. gun-control rally in the City Hall courtyard.

The National Rifle Association has joined the case, opposing the city. C. Scott Shields, the NRA’s attorney, said the city is “doing an end-run” around Harrisburg.

“The argument is pretty ridiculous,” said Shields, adding that the city’s crime problem is not caused by guns. “It’s just that they don’t deal with it effectively.”

Philadelphia’s gun-control legislation, which Clarke resubmitted to Council in January for a new vote, would limit purchases of handguns to one a month, require gun owners to report lost or stolen guns to police, require a police-issued annual license to bring a gun into the city, allow police to confiscate guns from people considered a risk to themselves or others, ban semiautomatic weapons with clips that hold more than 10 rounds of ammunition and establish a registry of ammunition sales.

It’ll be interesting to see if they actually try to enforce any of this crap.  If they do, I would like to see Attorney General Corbett threaten city officials with Official Oppression charges if they do.  The state has to start getting tough with the City about protecting the fundamental rights of Pennsylvanians guaranteed by our constitution.