Any article listed below does not necessarily reflect the opinion or endorsement of The PA Federation of Sportsmen’s Clubs, Inc. (PFSC)

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.

July 2007

OSHA Withdraws Overreaching Firearm and Ammo Rules

Regulations Threatened to Bankrupt Firearms Industry

July 17, 2007 (National)

Sportsmen’s grassroots action has led to the withdrawal of federal regulations that would have inflated firearm and ammunition production costs and halted the manufacture and sale of the products.

The Occupational Safety and Health Administration (OSHA) announced July 16 that it will revise proposed rules that would have classified ammunition, gun powder and primers as explosives. A flood of sportsmen’s pressure convinced the agency to reevaluate the rules that would have imposed restrictions with which few gun shops, sporting goods stores, shippers or ammunition dealers could comply.

In a letter to Congressman Denny Rehberg, R-MT, the Labor Department’s Kristine Iverson wrote, it “was never the intention of OSHA to block the sale, transportation, or storage of small arms ammunition, and OSHA is taking prompt action to revise” the proposed rule.

Congressman Denny Rehberg, R-MT, had planned to offer a floor amendment to the Labor-HHS Appropriations Bill that would have prohibited the use of federal funds to enforce the OSHA regulation.

The damaging regulations would have changed how ammunition and handloading components could be stored, sold and transported. They would have prohibited the sale of firearms and ammunition in the same building, and required the evacuation of facilities containing firearms and ammunition in the event of a lightning storm.

Equally as absurd, the regulations would have prohibited delivery drivers from leaving ammunition unattended. Such a restriction would have been the kiss of death for mail-order ammunition sales from companies like Cabela’s.

Information on this website can be reprinted with a citation to the U.S. Sportsmen's Alliance and www.ussportsmen.org

For more information about how you can protect your rights as a sportsman, contact The U.S. Sportsmen's Alliance, 801 Kingsmill Parkway, Columbus, OH 43229. Phone (614) 888-4868. E-Mail us at info@USSPORTSMEN.org

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Pennsylvania Federation of Sportsmen's Clubs

For Immediate Release:

7-20-07

Contact: Melody Zullinger

717-232-3480

PFSC Opposes Proposed Kennel Regs

Pennsylvania’s largest organization representing hunters and anglers is calling on the Department of Agriculture to withdraw proposed regulations that would hurt breeders of hunting dogs.

The Pennsylvania Federation of Sportsmen Clubs, representing 318 sportsmen’s clubs and over 100,000 sportsmen, women and conservationists across the commonwealth, has sent a letter to Dennis Wolff, Secretary of Agriculture, asking that the dog kennel proposal be scrapped. The regulations came as a result of public outcry over large, abusive commercial breeding operations. Unfortunately, the proposal goes much farther than that.

“While we’d be the first organization to favor regulations enforcing standards on puppy mills, this proposal would devastate hunting dog kennels and hobby breeders, said Melody Zullinger, Executive Director. “In turn, finding a quality hunting dog at a reasonable price would be impossible, and the economic impact from the loss of sales would be substantial. Hunting with dogs is an important segment of Pennsylvania’s sporting community. These are not the folks operating the commercial facilities.”

While the Federation wrote comments criticizing the regulations back in March, its leadership has become increasingly concerned that the voice of sportsmen is being ignored.

“We are alerting our membership to contact legislators and the governor to make sure our voice is being heard,” said Zullinger. “These regulations should be withdrawn. The Department of Agriculture should put together a group that includes the sporting dog breeders and small hobby breeders, to rewrite regulations that will provide the necessary enforcement on puppy mills without hurting hunters and hobby breeders.”

The Federation joins a growing list of state and national sportsmen’s organizations concerned about the regulations. Other opponents include the US Sportsmen’s Alliance-Sporting Dog Defense Coalition, Masters of Foxhounds, Ruffed Grouse Society, American Brittany Club, Pennsylvania Beagle Gun Dog Federation, Pennsylvania Dog Protective Association, Pennsylvania Federation of Dog Clubs, American Kennel Club, United Kennel Club and many more.

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Second Amendment Foundation

DC Takes Parker To Supreme Court; Gura Continues to Argue for Americans' Gun Rights

The District of Columbia has annnounced their intention to appeal the overturning of the DC Gun Ban to the Supreme Court of the United States.

Alan Gura, the attorney arguing for Americans' Gun Rights and one of the main forces behind the Parker case, has posted the filings to the Supreme Court on his website.

In addition, all of the past pleadings are also posted, so if you have the inclination and the time, you can read all of the pleadings from the very beginning of the case until the present.

The posted links require the no-cost Adobe Acrobat Reader™ or other pdf viewer software.

Sincerely yours,

Alan M. Gottlieb
Founder, Second Amendment Foundation

Second Amendment Foundation
James Madison Building
12500 N.E. Tenth Place
Bellevue, WA 98005

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Dear REAP supporters!

What a tremendous victory for clean water. . .REAP has passed and this year Pennsylvania will offer a new, innovative program to its farmers to help protect the quality of our rivers and streams. To all of you that helped create the unbelievably broad coalition of support around this issue, for all of your well timed letters, phone calls and visits to legislators, we truly thank you for your work and help championing this funding for clean water.

Thank you for being part of such a great team of individuals and organizations!

Sincerely,

The Staff of the Chesapeake Bay Foundation

July 18, 2007

For Immediate Release

Contact: Kelly Donaldson, 717-234-5550

A VICTORY FOR CLEAN WATER AND HEALTHY FARMS

General Assembly and Governor Show Their Support for Clean Water and Agriculture by

Passing REAP

(Harrisburg, PA) – Last night the Pennsylvania General Assembly and Governor Rendell showed their commitment to clean water and healthy farms by passing REAP, the Resource Enhancement and Protection Act. The Chesapeake Bay Foundation (CBF) and more than 65 environmental, sportsmen, agricultural groups, and businesses throughout the Commonwealth join together in applauding the passing of REAP.

“We appreciate the steadfast commitment of REAP’s sponsors to seeing this legislation through, and for their dedication to improving water quality while helping farmers make ends meet,” said Matthew Ehrhart, Executive Director of CBF’s Pennsylvania office. “They clearly understand that a healthy environment and healthy farms go hand in hand, and that REAP will make significant strides toward meeting Pennsylvania’s obligations to reduce pollution going into our streams, rivers, and the Chesapeake Bay.”

REAP is a bipartisan measure sponsored by Representatives Jerry Stern and Peter Daley and Senators Mike Waugh and Michael O’Pake, along with 79 other co-sponsors.

“REAP is one of the most important programs to benefit agriculture and water quality in Pennsylvania’s history,” said Representative Jerry Stern. “This ground-breaking legislation will not only help our streams, but will also help the economic stability of Pennsylvania’s number one industry - agriculture.”

“As a member of the Chesapeake Bay Commission, I understand the need to clean up our rivers and streams, and the role that agriculture can play in those efforts,” said REAP sponsor, Senator Mike Waugh. “I also know farmers cannot do it alone. By enacting REAP we are giving our family farms a chance to improve their bottom line, while improving statewide water quality.”

“Agriculture is Pennsylvania’s number one industry, with dairy farming leading the way. But the economic burdens farmers face are forcing many to sell their land and their farms,” said Senator Michael O’Pake. “REAP is going to provide farmers, particularly dairy operations, with much needed assistance to install farm conservation practices that not only reduce nutrient and sediment runoff, but also increase farm productivity and reduce costs.”

“REAP uses proven technologies to enable farmers and businesses to work together to protect water quality and the health of our agricultural economy,” said Representative Peter Daley. “It is an efficient, innovative solution, and it uses less bureaucracy to get the same job done.”

REAP makes available tax credits for farmers and businesses who install conservation practices that reduce water pollution, and was passed with a first-year cap of $10 million.

The legislation creates tax credits ranging from 25 to 75 percent of the cost to install conservation practices like barnyard improvements, riparian buffers, stream fencing and other practices. Credits are also available for the development of manure management plans on farmlands, and forested buffers on non-farm lands. Each farmer enrolled in the program will be eligible for up to $150,000 in tax credits which can be extended over a period of 15 years.

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Groups oppose recreation funds shift

Thursday, July 12, 2007

BY CHARLES THOMPSON

Of The Patriot-News

A coalition of community development groups working on everything from open-space preservation and cleaner streams to public parks and libraries contends the still-emerging state budget deal has a $40 million problem.

And they're ramping up the pressure to correct it.

One of Gov. Ed Rendell's tax proposals that legislative Republicans were able to quash this spring was a $2.75-per-ton tipping fee assessed on waste haulers ferrying trash to in-state landfills. Rendell proposed the increase as a way to replenish funds to the state's nearly depleted Hazardous Sites Cleanup Fund.

With no new funding, Secretary of Environmental Protection Kathleen McGinty has said that current or planned cleanup operations at nearly 150 sites would cease, and about 230 annual hazardous waste site investigations would be discontinued.

But in this year's no-tax environment, that tipping fee -- which would have hit households and businesses -- was a virtual non-starter.

The favored alternative at present is a Senate-passed plan to raid the Keystone Recreation, Park and Conservation Fund. The fund uses 15 percent of the state's real estate transfer tax collections to support a variety of civic, environmental and educational causes, including preservation of open spaces and historic sites.

As development pressures increase and land costs rise, cutting open space funding is precisely the wrong thing to do, opponents of the plan say.

A bill sponsored by Sen. Mary Jo White, R-Venango, would sweep $40 million annually from the Keystone Fund -- about half its projected $86 million in revenues for the new fiscal year -- to fund the hazardous site cleanups.

Erik Arneson, spokesman for Senate Majority Leader Dominic Pileggi, R-Delaware, said senior administration officials reiterated their commitment just yesterday to fund the site cleanups with Keystone Fund cash for "at least two years."

Mike Manzo, chief of staff to House Majority Leader H. William DeWeese, D-Greene, said House Democrats may consider that as a temporary option, but want to continue working on a better long-term answer for cleaning up hazardous sites.

White says strong growth in the real estate transfer tax over the years would offset the shift. She notes that while the Keystone Fund received $47 million in 2001, it is projected to hit $95 million by 2009.

But opponents say a cut of that magnitude in the Keystone Fund, even for one year, will decimate one set of important priorities to pay for another.

"Given where we are right now with development and everything else, now more than ever we have got to concentrate on conservation and land protection," said Deb Bowman, director of the Harrisburg-based Central Pennsylvania Conservancy.

The conservancy has tapped Keystone Fund grants many times in recent years to help with acquisitions like Seven Gables Park in Carlisle, a 174-acre park in Halifax Twp. in upper Dauphin County, and an addition to the Boyd Big Tree Conservation Area in Middle Paxton Twp.

Cutting the Keystone Fund would affect grants to preserve or restore historic properties and support capital projects at public libraries and state-owned universities, some say.

"This is the only reliable source of capital funding for libraries in Pennsylvania," said Glenn Miller, executive director of the Pennsylvania Library Association.

Opponents of the funding shift, joined together as the Pennsylvania Alliance for Restoration and Conservation, will press for a change in the budget deal. They plan to rally today at the Capitol.

PARC members agree that the hazardous site cleanup fund needs more funding.

But "it should not be at the expense of other environmental programs," said Jan Jarrett, a spokesman for the environmental group Citizens for Pennsylvania's Future. "Especially at a time right now when there's a budget surplus."

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7-12-07

Protect the Keystone Recreation, Park and Conservation Fund

Dear Representatives:

On behalf of the Pennsylvania Federation of Sportsmen's Clubs, representing almost 100,000 sportsmen, women & conservationists, we ask that as you continue to make decisions regarding the state budget, you not divert money from the Keystone Recreation, Park and Conservation Fund. Community needs and demands on the Keystone Fund already far exceed Keystone revenues. We ask you to keep the Keystone Fund whole, so it can continue its 14 years of success in helping communities help themselves.

We understand and support the need to keep the Hazardous Sites Cleanup Fund fiscally sound. However, taking money from the Keystone fund for community park, conservation and library efforts is not an appropriate way to address hazardous site management needs. We must continue to protect key lands in our communities today, or they will be forever lost. Our children have already lost many of the outdoor opportunities that we adults enjoyed in childhood. Keystone Funds are needed to ensure safe parks and playgrounds, trails, athletic fields, pools and other outdoor opportunities close to home.

We urge the members of the Senate and House to ask their respective leaders to keep the Keystone Fund off the budget negotiation table. We urge the Governor to reject any budget deal that calls for cutting the Keystone Fund. We urge all parties to uphold the tremendous recreation and conservation legacy that their predecessors – Republican and Democrat – established with the Keystone Recreation, Park and Conservation Fund.

Sincerely,

Melody Zullinger, Executive Director

PA Federation of Sportsmen's Clubs
2426 N. 2nd St.
Harrisburg, PA 17110
717-232-3480

Providing leadership and advocacy for the enhancement of fish and wildlife resources for the benefit of all hunters, anglers and conservationists.
Always striving to preserve, promote and protect our Outdoor Heritage of Hunting, Trapping, Angling, Boating, the Shooting Sports and the Resource.

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AP: Philadelphia council members plan to sue Legislature over gun laws.

By PATRICK WALTERS
Associated Press Writer

7-10-07

PHILADELPHIA (AP, July 10) - Two City Council members plan to sue the state Legislature for preventing Philadelphia from passing its own, more restrictive, gun laws, claiming that the city's surging murder rate is partly a "state-created danger."

Councilwoman Donna Reed Miller said the Legislature has tied the city's hands by refusing to give it authority to pass laws that would limit gun purchases to one a month and institute reporting requirements for lost or stolen guns.

Miller and Councilman Darrell Clarke plan to file the city-funded lawsuit in the Philadelphia Court of Common Pleas on Wednesday, naming the House and Senate as defendants.

"It's a state-created danger because our hands our tied," Miller said. "And it's the state that can help to diffuse this danger."

The city recorded 406 homicides last year, the most in nearly a decade, and is on pace to surpass that total in 2007. An overwhelming majority of the homicides involve handguns, many of them stolen and unregistered, according to police.

Mayor John F. Street has urged residents to lobby state lawmakers to pass bills that would allow the city to require lost or stolen guns to be reported; limit gun purchases to one a month; require trigger locks; and increase penalties for illegal possession of weapons.

While still holding out hope for tougher state gun laws, Clark decided to pursue the lawsuit after he saw many proposals going nowhere.

"I hope that our lawsuit ends up being pointless because the Legislature says 'You know what, we have to figure out a way to stem the tide of violence," he said.

Opponents in the Legislature argue that allowing the city to pass its own gun laws would not actually reduce violent crime. They also say that only the state should be allowed to pass such laws.

Like many other states, Pennsylvania does not let municipalities set their own gun laws. The state has no waiting period before buying a gun, other than a background check, and does not allow police to restrict who can get a license to carry a concealed weapon.

Erik Arneson, spokesman for Senate Majority Leader Dominic Pileggi, R-Delaware, declined to comment specifically on the lawsuit. But Arneson said he thought it would be more productive to work with the General Assembly on legislation than to spend time and money on a lawsuit.

A spokesman for House Majority Leader Bill DeWeese, D-Greene, declined comment.

Chuck Ardo, a spokesman for Gov. Ed Rendell, said the governor declined to comment on pending litigation but is "a strong proponent of allowing municipalities to enact their own gun laws."

The city has been patient with the Legislature, Miller said, and the lawsuit is a last resort.

"We haven't been successful and the lawsuit is a way to try to get the state to help us," she said.

-30-

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Some say gun-suit loss could be win

The effort by 2 Council members is said to be a long shot in court but could spur changes.

http://www.philly.com/inquirer/local/pa/main_line_delaware/20070712_Some_say_gun-suit_loss_could_be_win.html

By Jeff Shields

Inquirer Staff Writer

A lawsuit filed yesterday by City Council members, seeking to override a state law preventing local gun regulations, has little chance of succeeding in court but could help to rally support for a broader gun-control effort in Harrisburg, observers said yesterday.

Council members Darrell L. Clarke and Donna Reed Miller sued the state House and Senate, asking Common Pleas Court to allow seven city gun-control ordinances to be implemented without approval by the legislature, as currently required by law.

"We can no longer continue to have vigils, we can no longer continue to have task forces that go nowhere, we can no longer continue to have marches that are essentially a march to nowhere," said Clarke, who along with Reed Miller sponsored the seven measures, including limits on monthly gun purchases, that were passed in May.

They are treading on ground where their predecessors failed - most notably in a 1996 state Supreme Court decision that turned back Philadelphia's attempt to regulate assault weapons, and a 1999 attempt to hold gun manufacturers accountable for the city's violence epidemic.

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HB 1676: Use part of sales tax for fish, game agencies

For the first time, wildlife commissions would tap general state tax revenue, raising about $15 million.

By Christian Berg | Of The Morning Call

July 3, 2007

A Pittsburgh-area lawmaker has introduced legislation that would dedicate a tiny portion of the state sales tax to wildlife management -- a plan that would initially funnel an additional $15 million a year to Pennsylvania's two wildlife agencies.

Rep. David K. Levdansky, D-Allegheny and Washington, unveiled his proposal Friday. Levdansky, an avid outdoorsman, hopes it raises public awareness of the need to provide additional revenue for the Game Commission and Fish and Boat Commission, both of which rely on license sales for most of their income.

''In my judgment, we are at the point where these two agencies cannot accomplish their mission and serve the public…solely through license fees,'' Levdansky said. ''It's time we looked for general fund support.''

House Bill 1676 would dedicate less than two thousandths of 1 percent of the state sales tax to the wildlife agencies. Under the proposal, the Game Commission would receive .00116 percent of sales tax revenue while the Fish Commission would receive .00058 percent.

Those percentages would generate roughly $10 million a year for Game and $5 million a year for Fish and more as the state's economy continues to expand.

''It will grow over time,'' Levdansky said. ''I do this in the interest of securing long-term financial stability for the agencies.''

Thomas Ford, the Fish and Boat Commission's director of policy, planning and operations, said his agency wholeheartedly endorses the concept.

''We've long supported alternative funding for infrastructure [maintenance] and broader wildlife conservation efforts beyond those typically supported with angler and boater dollars,'' he said.

Ford also noted recreational fishing alone pumps $1.6 billion a year into the Pennsylvania economy, according to a U.S. Fish and Wildlife Service estimate. Compared to that, the amount of revenue generated by Levdansky's bill is minimal.

''We undeniably…have a very large economic impact in the commonwealth,'' Ford said. ''Doesn't it make sense to return a small amount of that money on an annual basis to support the cash cows that fishing and boating are?''

Likewise, Game Commissioner Gregory Isabella of Philadelphia called Levdansky's bill an excellent idea. He noted the agency conserves wildlife for the benefit of all Pennsylvanians, not just those who hunt.

Broad mission, narrow funding

The Game Commission manages all of Pennsylvania's birds and mammals, while the Fish and Boat Commission is responsible for all fish, reptiles and amphibians.

Neither agency receives any general tax revenue. Most of their income comes from selling hunting, trapping and fishing licenses to sportsmen. The remainder come from sources such as boat registrations, federal conservation programs and the sale of oil, natural gas and timber on agency-owned land.

License fees are set by the General Assembly, and Levdansky noted it typically takes legislators several years to adopt fee increases even after the commissions request them. This creates constant headaches for the agencies, Levdansky said, because costs continue to rise every year even though license revenue remains flat.

The Fish and Boat Commission, for example, in 2005 got its first fishing license increase in nine years and first boat registration increase in 12 years. The Game Commission, meanwhile, hasn't had a license fee increase since 1999, and efforts to secure one have been severely hampered because many lawmakers are unhappy with the agency's controversial deer-management program.

''There is no support in the Legislature for raising license fees,'' Levdansky said. ''Frankly, even if there wasn't such as brouhaha over deer management, it would still be a difficult task.''

On top of the difficulty associated with getting license fee increases, Levdansky noted there is always a certain percentage of license-buyers who abandon hunting and fishing in response to the cost hikes. That, combined with the long-term trend of declining license sales, makes it unreasonable to expect the commissions can be funded indefinitely through license sales alone.

''Both agencies are in a bind, because when you raise license fees, you have fewer people who purchase licenses,'' Levdansky said.

Game Commission officials say rising labor and equipment costs are rapidly weakening the agency, which has reduced pheasant-stocking and cut other programs to conserve cash. The agency is also not replacing many employees who quit or retire. Carl Roe, the Game Commission's executive director, noted last week the agency expects 42 retirements this year and has more than 100 vacancies in its authorized complement of 732 workers.

''We'll be hiring back some of those positions, but it's all going to be based on what's available in the budget the next couple of years,'' Roe said. ''I don't think the agency has ever been this short of people, but we're going to continue on and do what's right.''

'We…need help now'

In addition to providing the Game and Fish commissions with financial stability, Levdansky said, his proposal would allow the 92 percent of Pennsylvanians who don't hunt or fish -- but benefit from the presence of wildlife -- to help pay for resource management and conservation.

''You manage wildlife for the interests of all Pennsylvanians, not just those who [hunt], and there's a cost to do that,'' Levdansky told Game Commissioners at their June 26 meeting. ''I think we need to recognize that those of us who buy hunting and fishing licenses need help now from the public.''

Past proposals to provide general tax revenue to the commissions have been met with skepticism by some sportsmen, who fear their influence would be diminished if funding is provided by a broader constituency. However, Levdansky's proposal already has support from the Pennsylvania Federation of Sportsmen's Clubs, the state's largest hunting organization.

Melody Zullinger, executive director of the 95,000-member federation, said similar programs are used in other states. For example, the Missouri Department of Conservation has long benefited from a rule that allocates one eighth of 1 percent of that state's sales tax to the agency.

''Everybody else has their hands out, and most of them end up getting a small piece of that pie,'' Zullinger said. ''So, why shouldn't we get our share, too?''

What's next?

Levdansky isn't handicapping his bill's odds of passage, but at least he's in position to give it a fair shot. Levdansky is chairman of the House Finance Committee, which is responsible for reviewing the proposal as an amendment to the state tax code.

As chairman, Levdansky has the power to hold public hearings and use those events to raise awareness of the issue and build support for his idea.

Although hearings likely won't be held until after lawmakers return from summer recess, Levdansky plans to use the next few months to start building a coalition of sportsmen and other conservation-minded citizens.

This summer, Levdansky hopes to convene a meeting of sportsmen, environmentalists and others to get feedback on his proposal and plan a strategy for how to foster widespread public support.

''I don't expect to introduce it and have it pass just like that,'' he said, but ''I know there are a lot of…groups out there that think this makes sense.''

cberg@mcall.com

610-778-2252

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Editorial columns

Posted on Tue, Jul. 03, 2007

http://centredailytimes.com/331/story/142107.html

Community treasure must be preserved (Rockview property slated to go to Penn State)

By Jeff Sturniolo

Gun issue won't stall budget

Pa.'s black caucus leader met with the NRA. He sees progress.

By Amy Worden

7-3-07

http://www.philly.com/inquirer/home_region/20070703_Guns_wont_stall_Pa__budget__black_caucus_leader_says.html

Inquirer Harrisburg Bureau

HARRISBURG - The president of the Pennsylvania Legislative Black Caucus said yesterday that after meeting with House Democratic leaders and the National Rifle Association, he would not seek to hold up the state budget over gun-control legislation.

"They have made a commitment to doing something, maybe not today or next week, but next month," said Rep. Thaddeus Kirkland (D., Delaware), chairman of the 17-member group.

Kirkland said late yesterday that he had yet to discuss the results of the meeting with the members of his caucus and did not know if they stood with him on his budget pledge.

Last week, Kirkland and other members of the caucus forced a floor debate on gun violence, threatening to withhold critical votes on the budget unless the chamber took action on gun-control bills.