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NOTICE: In compliance with Title 17 U.S.C.
section 107, this material is distributed free without profit or payment for
non-profit research and educational purposes only. Be
sure to check out our Legislative
Alerts pages to follow legislation PFSC is tracking. PA now has
reciprocity with Check out this web site for info on reciprocity and other
gun laws. It's a good resource web site. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ State
Associations file Amicus Brief in
DC vs Heller ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~` Bullet
Serialization (Registration) Bill Referred to House Judiciary Committee! House Bill 2228, legislation
that would require all handgun ammunition manufactured or sold in
Pennsylvania to be coded with a serialization number, and entered into a
statewide database at the time of sale, was referred to the House Judiciary
Committee. If passed, this legislation would have dire consequences for
our Right to Keep and Bear Arms in ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Emergency
Powers Bill Passes Out of Committee and Heads to Senate Floor! Emergency Powers
legislation, Senate Bill 1172, passed out of the Senate Veterans Affairs and
Emergency Preparedness Committee with unanimous bipartisan support. The
bill now heads to the Senate floor for consideration. SB 1172 would
protect our Second Amendment rights by prohibiting any government agency from
confiscating or regulating the lawful sale, possession, transfer, transport
and carry of firearms during a state of emergency, such as occurred in the
wake of Hurricane Katrina. Please contact your State Senator today
at (717) 787-5920 and urge them to protect your Second Amendment rights by
supporting SB1172. Sen. Bob Robbins: Senate approves
Robbins' bill banning gun seizures. Text of Feb. 13 press release. 22 states have passed similar laws in wake of
Hurricane Katrina Working to uphold and protect the rights of law-abiding
citizens, the Senate today (February 12) unanimously approved legislation
introduced by state Senator Bob Robbins (R-50) that would prohibit government
officials from seizing firearms from individuals -- who are legally permitted
to possess them -- during emergencies or natural disasters. "This is a victory for our basic rights as American
citizens. This unanimous approval by the Senate of Senate Bill 1172 plainly shows that we support and guarantee the
rights of our citizens," Senator Robbins said. "I hope the House
will act on this measure in an expeditious manner and send it to the Governor
for enactment into law." Senator Robbins said the need for the basic protection of
the right to bear arms provided by Senate Bill 1172 became apparent in the
wake of Hurricane Katrina when "It is very unsettling that police officers would be
disarming law-abiding citizens at the very time when they could potentially
need these weapons to protect their lives and their families," Senator
Robbins said. "Because of these incidents after Hurricane Katrina, 22
states -- including Contact: Michael Hengst, (717) 787-1322 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Rep. Staback
Named 2007 Legislator of the Year by National Association of Firearms
Retailers
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~` Black Caucus walks out over guns The
http://www.philly.com/inquirer/breaking/news_breaking/20071206_Black_Caucus_walks_out_over_guns.html
By Angela Couloumbis and Mario F. Cattabiani Inquirer
"This wasn't a walkout - this was a stand-up. It was a stand-up for a cause," said Rep. Thaddeus Kirkland (D., Delaware), chairman of the Legislative Black Caucus. ". . . What we did today was start a movement. What we did today was raise the bar and raised the issue about lives being lost in our various communities." The 12 members, almost all from While on the floor, caucus members did not explain in detail why they
were requesting the leaves. But they made it clear soon after: They want to
refocus attention on legislation they believe would help stem the relentless
spate of violence in "We got their attention," he said. "It was an opportunity, and when an opportunity arises you have to take that opportunity." It was unclear yesterday when the group planned to return from leave - although adding to the confusion and dissonance of the day, several caucus members were spotted milling around on the House floor in the late afternoon. It's not the first time the black caucus has employed such a tactic. In late June, the group warned it would withhold its
votes and potentially thwart passage of the state budget until gun
measures were considered. However, Right after yesterday's walkout, caucus members met privately with House leaders. Both sides emerged saying they had jump-started "a conversation" on guns. But what transpired during that meeting was a source of confusion. Rep. Tony Payton Jr. (D., Phila.) said the
group wanted to revive a trio of bills, two of which were recently struck
down in the House Judiciary Committee, and have them
voted on by the House's full membership. One of the measures would limit After the meeting, though, "What we are just saying is that we've been helping you . . . all we want is some help to resolve the crime and violence," Williams said. "When we have to walk by an open casket, day in and day out, our priority is to make sure that guns are taken off the street," he said. Just last month, the House Judiciary Committee voted down bills that would would have limited handgun purchases to one a month, as well as allow municipalities to enact their own gun legislation. The committee tabled a measure that would require owners to report lost or stolen guns immediately to police. The committee's action came despite an appeal by Gov. Rendell, who, in a rare move, requested to testify on the gun-control measures. Several polls show a majority of Pennsylvanians support laws limiting gun purchases to one a month. On Monday, Rendell, "The simple fact is, we're not going away," said Phil Goldsmith, president of CeasefirePA. "This issue is not going away." Besides Kirkland, Payton and Williams, those who walked out were Reps. John Myers (D., Phila.); Angel Cruz (D., Phila.), Rosita Youngblood (D., Phila.); Curtis Thomas (D., Phila.); Thomas W. Blackwell (D., Phila.); James Roebuck (D., Phila.); Jake Wheatley (D., Allegheny); Cherelle Parker (D. Phila.); and Harold James (D., Phila.) NOTICE: In compliance with Title 17 U.S.C. section 107, this material is distributed free without profit or payment for non-profit research and educational purposes only. ~~~~~~~~~~~~~~~~~~~~~~~~~~ RENDELL “DISAPPOINTED, BUT NOT SURPRISED” BY JUDICIARY
COMMITTEE ACTIONS
By Mike Howells, PA Legislative Services
“Disappointed? Sure,” the Governor intoned at a press conference this afternoon, “But not surprised.” Though he had hoped the House Judiciary Committee would give the gun violence bills voted down this morning a chance on the House Floor, Governor Rendell acknowledged he was not shocked to hear HB 18 and HB 22 failed, with HB 29 tabled until it can be “improved.”
Given the poll
results showing strong statewide support for reporting of lost and stolen
guns and handgun sales limits, “It’s a slap in the face to the people of
Along with Rep. Jewell Williams (D-Philadelphia), prime sponsor of the tabled HB 29, Governor Rendell declared, “We are not going away.” He announced he will stand with city mayors from across the state on December 10 to demand a vote on the floor.
Governor Rendell and Rep. Williams then answered questions from the media.
Given your passion for the issue, why did
you leave after presentation this morning? Do you think your continued
presence during voting would have made a difference? Governor
Rendell: It wouldn’t have made a difference. People have been
brainwashed, and not given the true facts. They think
Rep.
Williams: The culture around here seems to be “don’t go against the NRA.”
The
Is asserting that people have been
brainwashed the best way to go about changing “hearts and minds?” Governor Rendell: Change is not going to be dictated by myself as Governor, or by any Representatives. It’s going to come from the public.
Would you have taken these actions before
the election last year? Governor Rendell: I would have, because I had absolutely nothing to lose. When politicians look at a poll, the results should register in their minds, but when phone calls mustered by a single interest group start coming in, they get scared.
How long will it take to get Rep.
Williams’ bill back on the table, and what changes to it will be made? Rep.
Williams: The
Are you sorry so many western PA
Democrats didn’t vote with you? Rep.
Williams: I am disturbed they weren’t sensitive to the problems of cities
across
Governor
Rendell: What’s stunning is the increases are statewide, not just limited
to
Why did you testify if you knew you were
going to lose? Governor Rendell: I needed to galvanize the public. They are going to be angry when they see the meeting and its results. Where does passion for standing by our law enforcement officers go when they ask for something difficult? You can’t be a “sunshine patriot.”
Why did you leave before the meeting was
concluded? Governor Rendell: My testimony was over. I was given the unprecedented opportunity by Chairman Caltagirone to testify before the committee. It would have been rude to stay after I had given it.
House Republicans have criticized Rep.
Williams’ bill as being too draconian. Do you believe that is a sincere
criticism or just a tactic? Governor Rendell: I would support any bill that requires reporting to the authorities the loss of a firearm within a rational amount of time. A week would be fine, as long as it gets to the floor for a vote.
Rep. Williams: I agree. I believe it is a sincere critique, but while we debate, people are dying.
Is one reason you want all members to
vote so that you could then use their records to leverage political pressure? Governor Rendell: Sure. Cover All Kids was signed a week before the 2006 election. It wasn’t an accident.
In light of recent events in other
states, do you intend to consider enacting a moratorium on the death penalty? Governor
Rendell: No. There is a de facto moratorium ongoing on PA, and no one has
been executed since it was brought back in the 1970s, except for several who
waived their appeals. I will meet with the ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Three Anti-Gun Bills to Be Voted On In House Judiciary Committee At
the request of Governor Rendell, the House Judiciary Committee voted on
three anti-gun measures Tuesday, Nov. 20th. The trio of bills included a ban on
law-abiding citizens purchasing more than one handgun a month, legislation
which would permit local municipalities to enact their on anti-gun laws and
regulations creating a patchwork of conflicting laws across the state and a
law that will make criminals out of crime victims for failing to realize soon
enough that their firearms we stolen. House
Bill 22: Sponsor, State
Rep. John Myers (D-Philadelphia).
This legislation will prohibit law-abiding citizens from purchasing more than
one handgun a month. Studies have shown that "one-gun-a-month" laws
do not reduce crime. House
Bill 18: Sponsor, State
Rep. Dwight Evans (D-Philadelphia).
This legislation would invalidate House
Bill 29: Sponsor, State
Rep. Jewell Williams (D-Philadelphia).
This legislation would turn victims of crime into criminals by failing to
report a missing or stolen firearm within 24 hours of discovering the firearm
missing. ~~~~~~~~~~~~~~~~~~~~~ PFSC’s Letter to Judiciary Committee
Members Dear Judiciary Committee Members:
The PA Federation of Sportsmen's Clubs is opposed to HB 18 (Preemption for local municipalities), HB 22 (One-gun-a-month) and HB 29 (Reporting Lost or Stolen).
No one is more opposed to crime and violence than honest gun owners, but you will not solve Philadelphia's or other cities crime problems by disarming victims, or by implementing more laws that do nothing more than restrict the rights of law-abiding citizens. The law-abiding citizens are not the ones committing the crimes. The criminals do not acquire their guns through legal channels.
Legitimate, law-abiding citizens should not be made the scapegoats of a failed criminal justice system. Instead, time and money should be directed towards intervention, adequate law-enforcement personnel and enforcement of the 20,000 current laws already on the books. We must stop the "revolving door" of the criminal justice system, do away with all the plea-bargaining, and put and keep the violent criminals behind bars where they belong.
A letter to the editor in
the Philly Inquirer from Letters | Put the blame where it lies: The killers We have to stop pointing the finger everywhere but at the very people who prey on us each day. Over time we have allowed our value system to erode. We refuse to hold people accountable for their actions and constantly make excuses for their inexcusable behavior. The incessant cry for tougher gun laws is a good example. Until we're ready to strictly enforce the current laws there is no reason for tougher ones. Yes, there is
a need to work on the social ills at the core of much of the unrest, but that
does not mean we should accept those ills as a reason to excuse the behavior.
Those engaged in this violent lifestyle know exactly what they're doing. They
also know it is wrong. And they also
know there are no serious consequences for their actions. It's not a matter
of not knowing right from wrong, it's a matter of
weighing the risk. And today they face very little risk. Time after time these budding killers are arrested
with guns, only to be returned to the streets with a slap on the wrist. Is it
any wonder we have trouble getting witnesses to speak up? Instead of holding
vigils at murder scenes, groups like Men United for a Better Philadelphia and
Mothers in Charge should throw a ring around the More than 80
percent of Joseph Fox, Chief of Detectives Philadelphia Police Department,
Every time there's another shooting, the "guns" are to blame. Yet the one thing besides using a gun the shooters usually all have in common - the one thing the media and anti-gun advocates all repeatedly ignore - is that the shooters usually all have prior criminal records.
The killer of the two retired
officers recently shot in Philly was convicted in 1993 of robbing a bank at
gunpoint. He was sentenced by a U.S. District Judge to only seven years
in federal prison followed by five years' supervised release, despite the
fact he was eligible for a lot more. His attorney, now a
Former Police Commissioner John Timoney testified before the U.S. Senate in 1999 that
"the average national sentence for violation of federal gun laws is 77
months. This stands in stark contrast to the three- to six-month sentence now
received in It's time to stop blaming the
guns. Lax enforcement and prosecution of federal and state gun
laws by prosecutors and state courts are the major contributors to the
out of control situation in
These three bills will do nothing to reduce crime. Please oppose HB 18, 22, and 29.
Thank you for your time and consideration,
Melody Zullinger, Executive
Director ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ HOUSE REPUBLICAN JUDICIARY COMMITTEE
MEMBERS ADDRESS CRIME By Several Republican members of the House Judiciary Committee spoke against three bills dealing with guns that are scheduled to be considered by the committee tomorrow and in favor of more public safety initiatives, such as hiring additional police officers around the state. Rep. Ron Marsico (R-Dauphin), minority chairman of the committee,
noted that Governor Rendell is scheduled to testify before the committee on
Tuesday in an attempt to persuade House members to pass a bill that would
restrict handgun purchases to one a month and allow Rep. Marsico continued by saying, “The governor’s presence at tomorrow’s meeting is simply a dog and pony show. Where has he been the last five years? The last five years, where has he been when it comes to public safety issues? His proposed 2007-08 budget provided zero funding for violence reduction partnerships, safe neighborhoods, law enforcement activities, and the weed-and-seed program saw a reduction of almost $500,000. Public safety has not been a priority for this governor. “Since the
fiscal year 2003-2004, we have only increased the State Police complement by
385 troopers. In 2005, the governor’s administration put together a panel of
experts to address gun violence. This commission came up with 12, unanimous
legislative recommendations, but ‘one gun a month’ was not one of those
recommendations. Why is this a priority now? I want
to ask the governor why there is a lack of funding for public safety
initiatives and our State Police. We can we address crime and violence, not
just in Rep. Katie True (R-Lancaster) said she wanted to address statements she’s been reading in the media that the members of the Judiciary Committee are afraid of the National Rifle Association (NRA) and “…that’s perhaps why we’ll be voting against this legislation. I’d like to set that straight. I’m not afraid of the NRA. I’m not really afraid of anybody up here and I really resent the fact that’s something the governor’s been using as to why this legislation might not pass out of committee. The fact is the bad guys don’t care about this legislation. Criminals don’t care about this type of legislation. And I personally don’t think it’s going to work and I don’t think it’s going to pass either. But I don’t think it’s going to work. So I just wanted the opportunity to put that forward and to put that to rest as far as what is fearful. To me the somewhat precedent-setting of the governor coming before the committee before we take a vote, to me is nothing but strong-arm tactics. I know there are some folks on his side of the aisle who are very worried about it. But I’m pleased to have the opportunity to tell you that I think my vote and those others are the right way to go for law-abiding citizens.” How do you know it won’t work? Rep. True: How do I know it won’t work? Well, my background before I ran for the House was the drug culture and drug prevention since 1977. I’ve been very involved with that, I know the bad guys, particularly the drug issue very well and I’m just here to tell you that there’s no reason that legislation is going to make it stop. The other thing is, we have a lot of legislation that we could be pushing harder for. We could be pushing for more mandatories. We could ask our judges. Maybe the governor would like to sit down with our judges and say ‘why aren’t you doing the mandatory minimums and putting these guys away when them commit crimes with guns?’ They can do that. If we can get our communities together to do something about the drug problem, I think that goes a long way too. These bills, as I said, the bad guys don’t care. It would harm law-abiding citizens much more. Rep. Marsico mentioned that at one of the hearings on the gun bills, every group that came before the committee recommended more police on the streets, more State Police, more municipal police. That’s one of the answers, more enforcement, more police presence. This is all about the young kids, drugs, drugs for guns, guns for drugs, and that’s the root of the problem here. We have to make sure we have enough police officers on the streets in this Commonwealth to protect our citizens and that’s one of the issues we want to talk about. Do you believe any of the gun bills are going
to get out of committee? Rep. Marsico: That’s a good question. I know that we are going to be voting no. My inclination based on previous voting records is that it’ll be tough to get this bill to go out of the committee. Rep. True said that at a recent hearing on prison reform, information was presented that 70 percent of the jails are filled with non-violent drug users and “…we’re trying to look at ways at what can we do better. The jails are not full of people that committed crimes with guns. They probably should be, if the judges and folks are doing their job a lot better that’s the way it would be. But right now, 70 percent is because of drug crime, a lot of non-violent offenders.” Rep. Marsico said the priorities of the governor and the
Republican Caucus are completely different. “We want
and we have voted for some really tough legislation dealing with getting
criminals off the streets,” he said adding that legislation that would get
gun offenders off the streets is being held up by the House Majority
Democrats. “We passed really tough anti-gun laws in the last several months
and as well as the last session. We stand proud of our record, what we’re
trying to do for public safety in this Commonwealth and once again, the
governor has not done the same. His priorities with public safety are just
mind boggling that as a former prosecutor in the city of What do you think of the governor saying
that increased enforcement is not the answer? Rep. John
Evans (R-Erie) said “Our committee has been studying this issue around the
state. We had a hearing in Rep. Marsico referred to a Philadelphia Inquirer article in which Chief Inspector Joseph Fox said, “Many homicide victims had records. More than 70 percent of those killed in the city last year had been arrested at least once.” Some were hard-core street thugs, Rep. Marsico noted. Two years earlier, the figure was 64 percent. Actually, this was 2006, Rep. Marsico noted. Reading from the article again he said, “The drug culture and the gun culture are just so prevalent that the people who play in that culture are either the victims or the shooters, said Chief Inspector Joseph Fox, head of the detectives in the Philadelphia Police Department. The majority of the killers were bad guys on bad guys, Fox said. Not surprisingly, those arrested in those killings often had criminal records, often long ones. Last year, 205 people arrested on murder charges, 161 had at least one previous record.” What’s wrong with giving municipalities
the ability to make their own gun laws? Rep. Glen Grell (R-Cumberland) said “You raise the issue in House Bill 18 that deals with preemption. I’ve looked at this legislation carefully and this is just bad legislation. This bill would allow every municipality in the Commonwealth, every county, every township, every borough, to enact their own laws dealing with guns on, I think, 14 different subjects. Each municipality would be able to have their own laws. What a morass that would be. Not just to the gun owner who might want to travel from one municipality to another municipality, but to the law enforcement professionals who are assigned the responsibilities of enforcing those laws,” he said. Rep. Grell said the bill is ill-advised legislation and should be defeated, not on emotional grounds, but just because it is bad legislation. Rep. Evans
said there are fundamental flaws in the legislation the way it is written. He
said the details in the bill would hurt law-abiding citizens. “We all want to
go after the criminals. I think we all want to address the crime issues in Rep. Marsico closed the press conference by stating, “Once again, the bottom line here is, where has the governor been for the last five years, on public safety?” ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ House Judiciary Committee Meeting Report HARRISBURG - (11/20/07, 10:00 a.m., Room 140 Main Capitol) The House Judiciary Committee met
to consider four bills relating to gun violence. Governor Ed
Rendell testified for about 40 minutes before the committee
on the need for legislation that will counter statewide gun violence that has
gotten worse in just the last six weeks, with six police officers shot and
one killed in Philadelphia. Citing Pennsylvania's "strong heritage"
of hunting and gun ownership, Governor Rendell insisted that nevertheless,
more needs to be done to deter and punish gun crime. He remarked the
"real test" of how much legislators and government officials care
about protecting law enforcement officers comes when they are given the
opportunity to "do what is right" by passing laws that stop straw
purchasers and the distribution of illegal handguns. Further, he asserted a
law creating a mandatory minimum sentence of twenty years for anyone who
fires a gun at a police officer must be approved. The Governor opined on the statewide
pervasiveness of gun violence, noting sixty-five of the 158 gun homicides
committed in PA in 2006 took place outside of Philadelphia. Evidenced by
sharply growing prison populations and the fourth highest number of inmates
on death row in the country, he contended the problem is not that current
laws are being weakly enforced, but rather that "we do not have the laws
we need to meaningfully and adequately target straw purchasers and illegal
handguns." Reporting strong public support for laws
targeting illegal handguns and straw purchases, Governor Rendell referred to
a Greenberg Quinlan poll released several days ago
that shows 96% of Pennsylvanians favor the reporting of lost and stolen guns,
while 70% support limiting handgun purchases to one per month. He concluded
Pennsylvanians do not want to "live in fear," and asserted,
"The people of Pennsylvania have it made very clear they want us to
listen to them and not to the special interests." HB 18 Evans, D - (PN 43) Amends Titles 18 (Crimes & Offenses) & 53 (Municipalities) further providing for limitation on the regulation of firearms and ammunition for limitation on municipal powers by stating that counties, municipalities, townships and cities of the first class (Philadelphia) may adopt certain ordinances regulating 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 PA. - The bill failed by a vote of 10-19, with Representatives Deborah Kula (D-Fayette), John Pallone (D-Westmoreland), Joe Petrarca (D- Westmoreland), Sean Ramaley (D-Beaver), Don Walko (D-Allegheny), Jesse White (D-Washington), Minority Chairman Ron Marsico (R-Dauphin), Thomas Creighton (R-Lancaster), Craig Dally (R-Northampton), John Evans (R-Erie), Will Gabig (R-Cumberland), Glen Grell (R-Cumberland), Kate Harper (R- Montgomery), Beverly Mackereth (R-York), Carl Mantz (R-Berks), Bernie O'Neill (R-Bucks), Tina Pickett (R-Bradford), Todd Rock (R-Franklin), and Katie True (R-Lancaster) voting in the negative. Rep. Grell asked if any municipality
could enact the ordinances enumerated in the bill, and was curious if
Philadelphia satisfied its requirement to pass a referendum as required by
the bill in 2005. Counsel Bill Andring explained municipalities could enact
any of the enumerated ordinances after a referendum is approved, and
confirmed Philadelphia satisfied that requirement in 2005. HB 22 Myers - (PN 47) Amends Title 18 (Crimes) by adding that no person may purchase more than one handgun in PA within any 30-day period. Also, no person may sell or cause to be sold to a person in PA more than one handgun within any 30-day period. A person that violates this section commits a summary offense and would pay a fine of $300. The bill establishes the Violence Prevention Fund. Money in the fund is appropriated to the Pennsylvania Commission on Crime and Delinquency solely for purposes of violence prevention and youth violence prevention, including youth education and activities designed to prevent violence and grants to law enforcement agencies for equipment and training designed to prevent gun-related injuries. In addition to any other duty prescribed by this section, a seller of a handgun would request the Pennsylvania State Police to conduct a handgun purchase history check to investigate whether the prospective handgun purchaser is in compliance. - The bill failed by a vote of 12-17, with Representatives Kula, Pallone, Petrarca, Ramaley, Walko, White, Minority Chairman Marsico, Creighton, Dally, J. Evans, Gabig, Grell, Mackereth, Mantz, Pickett, Rock, and True voting in the negative. Rep. Harold James (D-Philadelphia) asked
if the failed bills could be brought up again for consideration at a later
time. Chairman Caltagirone informed him the bills could be brought up again
after a successful reconsideration motion. HB 29 Williams, J - (PN 54) Amends Title 18 (Crimes) providing for registry for lost or stolen firearms and for failure to report lost or stolen firearms. The Pennsylvania State Police would maintain a registry of all firearms reported lost or stolen in PA. The registry would contain the manufacturer, model, caliber, serial number and any other identifying information concerning any firearm reported lost or stolen, as well as the name of the lawful owner of the firearm. If a firearm is reported stolen to a local law enforcement agency, that agency would collect the required information and would submit it to the Pennsylvania State Police within 24 hours. A person who is the owner of a firearm that is lost or stolen and who fails, within 24 hours after the loss or theft is discovered, to report the loss or theft to an appropriate local law enforcement official commits a summary offense, punishable by a fine of up to $500. A person who is found to intentionally fail to report a loss or theft commits a misdemeanor of the first degree for a first offense and a felony of the third degree for any subsequent offense. Also, the court may enter an order prohibiting a person convicted for a violation of this section from the purchase or any other method of acquiring a firearm for a period of six months. - The bill was tabled by a vote of 17-12, with Representatives True, Rock, Mantz, Grell, Kula, Petrarca, Minority Chairman Marsico, Pickett, Mackereth, Creighton, Dally and J. Evans voting against the motion. Noting HB 29 originally failed in at a
Judiciary committee meeting in June, Rep. Gabig asked how many times a bill
could be brought up for consideration. Chairman Thomas Caltagirone (D-Berks)
informed members that a motion to reconsider the bill was granted later on at
that meeting, with the bill being subsequently passed over until now. Rep. Greg Vitali (D-Delaware), referring
to page 2, lines 22-29 of the bill, asked for clarification of failure versus
intentional failure to report a lost weapon. Andring explained felonies and
misdemeanors require "proof of culpability," whereas a summary
offense does not. Intentional failure in this case, Andring went on, is rated
a first degree misdemeanor for the first offense and a third degree felony
for subsequent offenses. Ignorance of the law would be unintentional failure,
Rep. Vitali surmised, which is just a summary offense. Rep O'Neill remarked that in June he was
"on the bubble" with regard to the bill, and was assured that
before reconsidering it, efforts would be made to "improve" its
language. He stated nothing has been done to improve the bill, and since the
committee is voting on the same language it did in June, he notified the
committee he would be voting negatively. Rep. Kathy Manderino
(D-Philadelphia) commented she would be prepared to vote for Amendment
A01932, which had been previously filed but not offered for consideration.
Rep. James suggested the possibility of an oral amendment, but Chairman
Caltagirone informed members that such action would get the committee
"into trouble." Rep. Jewell Williams (D-Philadelphia), prime
sponsor of the bill, moved to table it in order to work on improving its
language. Minority Chairman Marsico stated the bill has been around for
months, during which time it could have been changed, and opposed the motion.
Rep. Manderino inquired if the prime sponsor could simply decide not to have
the bill considered. Chairman Caltagirone confirmed that could have been
possible had Rep. Williams' motion to table not been made. HB 2060 O'Brien, D - (PN 2865) Amends Titles 18 (Crimes & Offenses) and 42 (Judiciary & Judicial Procedure) further providing for sentence for murder and murder of unborn child by adding murder of a law enforcement officer to the list of offenses requiring mandatory sentences; establishing the offenses of criminal homicide of law enforcement officer and for the offense of assault of law enforcement officer; imposing penalties; and prescribing sentences for offenses committed against law enforcement officer. - The bill was reported as committed by a vote of 27-2, with Representatives Vitali and James voting in the negative. Rep. Vitali voiced concern over sections
of the bill that relate to minimum mandatory sentencing, because the clauses take
away the ability of a judge to examine the individual merits of any
particular case. Cognizant of the fact that the bill would be reported out of
the committee, Rep. Vitali nevertheless cautioned members to "be
aware" of the issue. "Breaking out of her mold" of
voting against minimum mandatory sentencing, Rep. Manderino volunteered that
she would vote for HB 2060, and commented it is sad that the committee had
the opportunity to act previously and did not. Rep. Grell questioned what grade an
incident such as a bar fight resulting in the injury of a responding law
enforcement officer would get both currently and upon passage of the bill.
Andring reported assault of a police officer is a second-degree felony and
would remain so under the new law. He explained the minimum mandatory
sentence is in cases of attempted "serious bodily injury" of an
officer. Referring to HR 12, a resolution passed
in October which directed the PA Commission on Sentencing to conduct a study
on the use and impact of mandatory minimum sentences, Rep. James suggested
waiting until the commission's report comes back before acting on HB 2060. Several members of the committee gave
statements regarding the outcome of the meeting. Minority Chairman Marsico explained he
did not support the bills because he believes the conclusions of various
criminologists who have expressed the need for a comprehensive approach to
combating gun violence, rather than "feel good" legislation. He
emphasized the need to focus on putting more police on the streets, and
chastised the Governor and his administration for not making public safety a
priority. He cited the twelve recommendations drafted by the Commission to
Address Gun Violence, none of which included any language regarding a limit
on handgun purchases, and questioned why that has become a priority. He
recommended that House Republicans focus on the "judicial use of law
enforcement professionals" rather than "punishing law abiding
citizens." Rep. Daylin Leach (D-Montgomery)
remarked the Second Amendment does not prohibit the restriction of guns, and
asserted the First Amendment is "much less ambiguous." Speaking as
a constitutional lawyer, he explained the courts have no absolutes when it
comes to constitutional rights, and instead employ what is known as a
"balancing test." In the case of gun sales, Rep. Leach opined the
impingement on the rights of gun owners is de minimis when balanced against
the safety it would bring. He concluded the issue is "not even a close
question, constitutionally." Rep. Dan Frankel (D-Allegheny) stated he
believes the Governor is not putting on a "dog and pony show," and
asserted the bills that were considered have been enacted in other states and
not taken up as unconstitutional. Rep. Pallone commended the Governor on
his "courage" testifying before the committee in light of the
sensitive issue of gun violence. He emphasized that while members "may
have disagreed today," they are all dedicated to making Pennsylvania as
safe as possible. Rep. James noted that on March 17 of
2005, he, Rep. Williams and Rep. Ron Waters (D-Philadelphia) asked Governor
Rendell to declare a state of emergency in Philadelphia to free up funds to
counter the problem of gun violence. Two years later, the death toll from
shootings continues to rise. He suggested a year-long trial period of the
legislation in Philadelphia to see if it helps curb the situation. Rep. Mackereth observed she can't see
how putting restrictions on law- abiding citizens helps stop gun violence.
She remarked funding for counties has decreased, while the ability for
agencies to provide assistance in a systemic manner "is not there."
She recommended a shift in focus towards "proven tactics." Rep. Bryan Lentz (D-Delaware), speaking
as both a former soldier and Philadelphia prosecutor, offered his continued
support for the bills that were considered, and remarked the current state of
affairs in Philadelphia and across the state is unacceptable. Mike Howells, PA Legislative Services Committee Roll Call Votes:
House Republican
Press Releases Regarding Judiciary Committee Votes: http://www.pahousegop.com/?sectionid=19§iontree=5,19
Radio Clips from Reps after meeting: http://www.pahousegop.com/?sectionid=16§iontree=6,16 Related Articles: House Rejects Rendell's Pleas For Gun Control http://www.thebulletin.us/site/news.cfm?newsid=19045024&BRD=2737&PAG=461&dept_id=576361&rfi=6
State panel rejects 3 gun control bills http://www.post-gazette.com/pg/07325/835608-85.stm
Heated words over guns http://www.philly.com/inquirer/world_us/20071121_Heated_words_over_guns.html
Greenberg Quinlan poll: http://209.99.68.136/www/pa/library/2007/2007111970.PDF CEASEFIRE
PA ANNOUNCES RELEASE POLL OF SHOWING SUPPORT FOR STRICTER HANDGUN By Nate
Collins, PLS Phil Goldsmith,
president of CeaseFire PA, hosted a conference call
Monday to announce the release of a poll
showing strong support for stricter handgun laws. Allentown Mayor Ed Pawlowski, York Mayor John Brenner,
Reading Mayor Tom McMahon,
Lancaster Mayor Rick Gray, Bethlehem Mayor John Callahan and Goldsmith said support
exists across the state for changes in the state’s handgun laws. He explained
that the survey was of 600 registered Ben Tulchin of Greenberg Quinlan Rosner
Research, the firm that conducted the poll, stated 100
voters were surveyed in each of the following districts: District
5 - Rep. John Evans (R), District 41 - Rep. Katie True (R), |
