Our Interview with John Hohenwarter

You’ve all been very patient in waiting for this, so here it is. My interview with John Hohenwarter, NRA’s Pennsylvania State Liaison. My questions are bolded, with John’s answers in italics. Hopefully I managed to cover enough ground that people will be reasonably pleased with the questions and answers.

First, I want to thank you for taking the time to talk to my readers today. Can you tell us a bit about yourself, and your history with the gun rights issue here in Pennsylvania?

I was born and raised in Pennsylvania and currently reside in Lancaster County.  I’m a lifelong gun owner, hunter and shooting enthusiast.  I’m married and the father of three future hunters.  My professional experience is in the government relations field for the past 18 years, 12 years with NRA and six years for the Pennsylvania Federation of Sportsmen’s Clubs.

The big question on everyone’s mind is Castle Doctrine. It’s been a long, hard fight to get it, but it’s finally on the way to the Governor. Can you describe the difficulties that were encountered getting this bill through to final passage?

Over the last several legislative sessions, there have been a number of hurdles with this legislation involving the House, Senate and Governor’s Office. This session, “Castle Doctrine” legislation was introduced in both chambers – HB40 (Perry-R) and SB842 (Alloway-R).  Both pieces of legislation were stymied in committee during most of the legislative session.

Over the last several weeks there has been much misinformation concerning NRA activity with this legislation.  Therefore, I think it is important to share with your readers a brief overview of what occurred with “Castle Doctrine” over the last several months and ILA’s roll in the process.

In May of this year, Chairman Caltagirone made good on his commitment to allow a House Judiciary Committee vote on House Bill 40.  The legislation was voted out of committee and referred to the House Appropriations Committee where it remained blocked for several months by Chairman Evans.

Because Chairman Evans refused to move the bill, Representative Perry filed a discharge petition to force a committee vote to move the bill.  However, before the discharge petition had the opportunity to be voted by the House, Chairman Evans agreed to a House Appropriations Committee vote that resulted in the legislation being passed and moved out of committee and placed on the House Calendar.

During this time frame, NRA was also working on an alternative plan in the Senate by advocating a “Castle Doctrine” amendment to HB1926.  This plan of attack was supported by Senator Alloway, who agreed to offer the amendment, and was seconded by some members of the Senate Republican leadership team.  Not knowing the future of HB40 in the House, this course of action would allow another option to pass the measure before the end of the legislative session.

However, NRA had opposition from some leaders in the Senate who were uncooperative in this effort despite intense lobbying efforts and overall support by a majority of the members of the Senate.  In fact, NRA had a commitment from House democratic leadership on concurrence if the Senate would send the bill to the House.  The reason the House agreed to this process was because of the high probability that a House floor flight would occur on HB40 opening the door to a flurry of bad amendments. Unfortunately at the time, the Senate did not cooperate with this effort.

So with time running out, NRA continued to lobby the House to pass HB40.  Finally, the Democratic House Leadership agreed to forge ahead and scheduled a vote.  The bill was passed by the House on October 5th and sent to the Senate where it was referred to the Senate Judiciary Committee.  Now the stage was set for a battle in the Senate and it was time to turn up the heat.

With only three days left on the Senate schedule, there were now two options available. Our office decided that the first option would be to pursue a Committee vote on HB40 and send a clean bill to the Governor’s Office.  However, this option had to occur on Tuesday, October 12th of the following week because of Constitution provisions that require a bill to be considered on three different days before being voted on the floor.

NRA was assured by Republican leadership that a vote would occur in committee on Tuesday to allow a sufficient time period for legislative consideration.  However, amendments were now being drafted and efforts were underway to amend HB40 in committee with anti-gun/anti-hunting provisions.  In addition, Republican support to kill the amendments in committee continued to dwindle throughout the day, which created a rift among Republican members.

Less than 10 minutes before the committee vote, Senator Alloway and I had a meeting off the Senate floor with Republican leadership concerning the pending vote.  At that time, our concerns were confirmed that HB40 was in jeopardy and the committee did not have the support to kill several amendments filed to the bill.  It was at that time the decision was made by Senate leadership to pursue the second option, which was to amend HB1926 and battle the amendments on the floor where they could be defeated.

Fortunately, the amendment process for Castle Doctrine was successful and the anti-gun amendment (Florida Loophole) offered by Senator Leach was defeated and all other amendments were withdrawn.  House Bill 1926 was passed and sent to the House for concurrence.  And as we all now know, the House concurred this week on the measure sending it to the Governor for approval.

There has been considerable criticism over the decision to amend HB1926 with Castle Doctrine rather than pushing through HB40, can you explain what the reasoning was there?

This is as an example of the misinformation that I was referring to earlier. If House Bill 40 would have been voted by the Senate Judiciary Committee, “Florida Loophole” would have been amended into the bill by a vote of 8-6 and there is a good possibility that mandatory reporting of lost and stolen firearms, as well as a ban on pigeon shoots, would have be amended into the measure as well.  The following would have been the roll call vote on the Senator Leach’s “Florida Loophole” amendment in committee based upon the roll call that was taken on the Senate floor on the same amendment:

YES VOTES
Greenleaf, Stewart J. , Chair
White, Mary Jo, Vice Chair
Leach, Daylin , Minority Chair
Browne, Patrick M.
Earll, Jane M.
Costa, Jay
Fontana, Wayne D.
Stack, Michael J.
NO VOTES
Boscola, Lisa M.
Gordner, John R.
Orie, Jane Clare
Piccola, Jeffrey E
Rafferty, John C., Jr.
Scarnati, Joseph B., III, ex-officio

Therefore, a decision was made by Republican Leadership to avoid the committee process and vote down the same amendments filed to HB1926 on the floor.  This course of action could still get a bill to the Governor’s desk since the House had 5 days scheduled for session after the November election.  Keep in mind, without NRA orchestrating an “Option 2”, “Castle Doctrine” would have died that week in the Senate.

However, it is unfortunate that there was a breakdown in the Republican controlled Senate Judiciary Committee which ultimately killed HB40.  As a result, the NRA-PVF lowered grades and removed endorsements from sitting Senators who were up for election this cycle.

Any word on whether Rendell signs or vetoes the bill?

At this time,  no one knows what Governor Rendell will do.  I do believe that a veto is being considered and I ask all NRA members, gun owners and anyone else who values self-defense contact the Governor’s Office.

The Senate certainly presented some obstacles for getting Castle Doctrine passed. Any fear that the political climate in the Senate could get worse for gun rights? What are some things activists can do to help?

After going through this latest exercise in the Senate, we need to solidify support for a pro-gun agenda in the Republican Caucus.  NRA members and gun owners should contact their Senator between now and next year to reaffirm their support for protecting the 2nd Amendment.

There has been criticism by some that NRA hasn’t worked well with other organizations here in PA. Is NRA willing to work with other groups?

Contrary to the criticism, NRA makes it a point to work with grassroots organizations not only in Pennsylvania but around the country.  We are fortunate to have some outstanding activists and organizations in the state that make the phone calls, write the letters, and otherwise engage with their elected officials.  These individuals make our job a lot easier.

I know at times it can be frustrating to some activists that not all the insider information is shared with the grassroots.  However, this is not always possible, and most activists recognize the nature of the business.  In fact, NRA’s legislative strategy is often so sensitive that wide knowledge could jeopardize the final outcome.

For example, when HB40 came up for a vote on the House floor, only a few people knew that Republican leadership intended use House Rule 61 to cut off debate.   Our office was privy to this information; however, to send out an alert about this tactic would have jeopardized the legislation.

At the end of the day it’s about getting the job done and not about who gets the credit and I believe most activists and organizations are on the same page.

There are a lot of other issues facing Pennsylvania once we get Castle Doctrine passed. Can you discuss what might be future legislative priorities?

As you know, there are a number of issues on the horizon affecting gun owners and sportsmen in Pennsylvania.  For example, the usefulness of PICS, problems associated with lawful transportation of firearms, strengthening of the preemption statute and many others.  Our office will be looking at all these issues and others to prioritize our efforts for the next session.

Thanks for taking the time to talk to my readers today, and I hope we can get an opportunity to do this again sometime.

I want to thank you for the opportunity to discuss these important issues and look forward to a successful 2011-12 legislative session.

Glad to See This

NRA reaching out to college campuses. NRA is very good at talking. They are considerably less good at engaging. Previous generations could be engaged with talk. Younger folks are a harder nut to crack because there’s so many places they get information, and their expectations are very different than previous generations for how they interact with issues which are important to them. NRA has to learn how to engage younger people if we’re going to take this movement well into the 21st Century.

Reckless Teens

The Bradys, borrowing a tactic from the porn industry, have chosen to characterize denying fundamental constitutional rights to 18 to 21 year olds as “dangerous and reckless” to assert that “teenagers should be allowed to carry loaded semiautomatic weapons on our streets and playgrounds.”

Why not? We let them carry fully automatic weapons on the streets and playgrounds of Iraq and Afghanistan, don’t we?

More Love from the Inquirer

Fresh off of blaming honest gun owners for the first death of a Game Warden in a century, the Inquirer pleads with Ed Rendell to veto castle doctrine, lest we make “the state more dangerous by allowing gun owners to blast away if they feel threatened outside their home or even in their car.” Can you feel the love? Much like Congress, apparently the editorial board of the Philadelphia Inquirer isn’t much into reading bills before shooting their ignorant mouths off about them.

He Must Have Really Loved That Dog

Eugene Volokh points to an Ohio Circuit Court of Appeals decision in regards to a man who was stripped of his right to bear arms for five years for handing a gun while intoxicated. I just had to laugh at the opinion:

We have herein affirmed appellant’s conviction and in no way seek to diminish the danger of using a firearm while intoxicated, and we further recognize that appellant acted injudiciously in firing his weapon into the ground, at night, as a “memorial” to his deceased dog.

It’s amusing that the court had to opine over Cletus getting drunk one night and and firing a twenty-one-gun-minus-twenty, or maybe twenty-one-gun-minus-nineteen (depending on how soused he was) salute into the ground. The Court ruled that six months was the maximum that he could have his right to bear arms stripped from him “corresponding to the maximum jail sentence period for a first-degree misdemeanor.” As the court notes, Cletus wasn’t trying to hurt anybody, and it was in a rural, unincorporated area.

Young Padawan Learns Deception Well

It’s good to see the Brady Campaign’s young, energetic new face is learning their old misdirections and deceptions like a seasoned expert:

“In 2004, 11,344 people in the U.S. were killed by gun violence,” said Goddard, who was an ROTC student at Virginia Tech. “In New Zealand, it was five.”

Yes, and the U.S. has 300 million people, and New Zealand has 4 million. But it looks more dramatic when you don’t use rates.

Goddard bought automatic 9-mm. handguns and an AK-47, which, if he hadn’t given it to police, could be headed for your neighborhood.

He gave it to police because he would have been committing a felony had he transported it back to his home state or transferred to it someone else without going through a federally licensed dealer.

“Most of the criminals in New York City don’t get their guns in New York,” says Goddard, who’s in town for the screening. “They go down South, where there aren’t many regulations.”

It’s all totally legal – and that’s what Goddard wants to stop. He’s pushing a bill before Congress to require background checks on private sales.

Except that buying a gun out of state and bringing it back to your home state, or transferring it to someone else who is not an FFL, is a felony already. Or are we using Joan Peterson’s standard that if it happens, then it must be legal.

The Inquirer Is Shameless

Recently Pennsylvania had a Game Commission officer killed in the line of duty. The first one since 1914. These are people who’s daily job involves them confronting people who are guaranteed to be armed just by the very nature of what the Game Commission regulates. The Inquirer is using the death of the officer as an excuse to blame Pennsylvania’s gun laws. I feel dirty even sending traffic to their rag.

UPDATE: Unlike the trash papers in Philadelphia, the Gettysburg Times gives a different viewpoint:

Johnson is now incarcerated without bail in the Adams County Correctional Complex, and has been charged with criminal homicide, felon in possession of a weapon, flight to avoid apprehension, carrying a firearm without a license, possessing an instrument of crime, and resisting arrest or interfering with an officer in the performance of his or her duty.

So presumably the Inquirer believes it better to impose more regulations on the lawful people who have somehow avoided shooting at Game officers for a century, in order to stop a convicted felon who was already prohibited by law from even touching a firearm or ammunition. The Times also notes the guy has been in trouble before:

On Jan. 9, Johnson  was also accused of burglarizing Redding’s Hardware,  279 S. Franklin St., Gettysburg, in which he reportedly stole between 20 and 25 handguns.

The guns were taken from a display case and valued at an estimated $12,000 to $15,000.

Stealing from an FFL is a federal felony, in addition to being a state felony. This guy should never have been on the streets to shoot anyone.

Article on New Jersey’s 1968 Gun Law

Cemetery has a copy of a TIME article dated from 1968 on New Jersey’s tough new gun laws. Those would be what we are familiar with today. Fortunately New Jersey did not become the model for the entire nation, but that wasn’t for lack of trying on the part of the anti-gun folks.

It’s worthwhile to point out that since the passage of this bill in 1968, New Jersey’s violent crime rate has increased from 1968 levels and never come back down. Violent crime in 1968 was half of what it is today. What it did successfully do is lay waste to lawful private gun ownership in the Garden State, which is among the lowest in the nation today. That opened the door to further restrictions which would come later.

Nice Felony

Someone posted this on Facebook, apparently. Hopefully he’s not friends with any ATF agents, and hopefully does not own a dog. Putting a fore grip on a pistol turns it into an AOW from a handgun. You can do it legally, but you have to register the gun as an AOW and pay the tax. Some speculation on AR15.com that it was Airsoft. You can see from the nice big rifled barrel showing in the pic that it is not.

Hat Tip to Lucky Gunner.

UPDATE: Original Facebook page here. Dude would seem to be in the Army, but unless that pistol is government issue, it’s still a felony if it was done in the United States. Not sure about if it was done in Iraq or Afghanistan.

NRA Opposing Traver, But He’s In

NRA is opposing Traver to head ATF. I hadn’t realized this was a recess appointment:

The National Rifle Association of America strongly opposes President Obama’s nomination of Andrew Traver as director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE).  Traver has been deeply aligned with gun control advocates and anti-gun activities.  This makes him the wrong choice to lead an enforcement agency that has almost exclusive oversight and control over the firearms industry, its retailers and consumers.  Further, an important nomination such as BATFE director should not be made as a “recess appointment,” in order to circumvent consent by the American people through their duly-elected U.S. Senators.

Meanwhile, the Brady Campaign are thrilled. Because this is a recess appointment, the Senate need not confirm Traver until the end of their next term. Keep in mind the Senate is still controlled by the Democrats, with Schumer playing an enhanced role. This guy is in and there’s nothing we can do about it until the end of next year.

UPDATE: The Senate is not yet adjourned for the year, so this is not yet a recess appointment, but Obama could make it one as soon as the Senate adjourns for the session. Whether he’s setting up to do this remains to be seen. My bet would be yes.