[Statkowski]

Councilman Steve Jett of the Greenleaf (Idaho) City Council introduced an ordinance requesting that all heads of households maintain firearms for protection of their homes and families. Councilman Jett was upset over what went on in New Orleans during their recent hurricane, and (I believe) vowed never to let the gun grabbing ever take place in his home town.

Based on his actions, I recently introduced a Proposed Ordinance at our Borough Council meeting (I'm a Borough Councilman). My proposed ordinance follows:

Ordinance ___
Sponsored by Henry Statkowski

AN ORDINANCE OF THE BOROUGH OF CHERRY TREE TO BE KNOWN AS THE "CIVIL PROTECTION ORDINANCE" REQUESTING THAT ALL HEADS OF HOUSEHOLDS MAINTAIN A FIREARM ALONG WITH AMMUNITION AND AUTHORIZING THE PROMOTION OF FIREARM SAFETY AND FIREARM SAFETY TRAINING FOR RESIDENTS.

NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF CHERRY TREE, INDIANA COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS FOLLOWS:

SECTION 1: The Borough Council does hereby make the following findings:

WHEREAS – Life, defense of that life, and the defense of one’s family in or out of the home is both a right and an individual responsibility, and

WHEREAS - The Borough Council recognizes that law enforcement exists to provide for general public safety, is not always available when immediately needed, and is neither required nor able to provide for the individual safety of all persons and their property; and

WHEREAS - Article I, Section 21 of the Pennsylvania Constitution provides that "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.", and

THEREFORE – The Borough Council desires to promote through borough code the deterrent to burglaries and other crime which is inherent in having an armed residency within the borough as guaranteed by both the Constitution of the united States and Pennsylvania State Constitution.

SECTION 2: Now therefore, the Cherry Tree Borough Council hereby creates the ordinance be added to Cherry Tree Borough Ordinances:

A. TITLE: This ordinance shall be known and cited as the CIVIL PROTECTION ORDINANCE.

B. HEADS OF HOUSEHOLDS TO MAINTAIN FIREARMS:

1. In order to provide for and protect the safety, security and general welfare of the borough and its inhabitants, it is recommended that every head of household residing in the borough limits maintain a firearm, together with ammunition therefore, and obtain appropriate training relating to proper, safe and lawful handling of firearms.

2. Exempt from the effect of this section are those heads of households who suffer a physical or mental disability which would prohibit them from using such a firearm or are otherwise prohibited from purchasing a firearm.

3. Further exempt from the effect of this section are those heads of households who are paupers or who conscientiously oppose maintaining firearms as a result of beliefs or religious doctrine, persons convicted of a felony, or persons otherwise prevented from maintaining firearms by law or judicial decree.

C. USE OF FIREARMS: No person shall fire a gun, pistol or other firearm in the borough, except in fear of life as governed by the laws of the Commonwealth, and except peace officers or military forces of this state or the United States in the discharge of official duties.

D. VOLUNTEERS AND TRAINING:

1. The Mayor and Chief of Police are authorized to promote and support active Neighborhood Watch or other such groups within the Borough of Cherry Tree to support police efforts to combat crime within the borough.

2. The Mayor and Chief of Police are authorized to promote and encourage firearm safety and firearm safety training for residents the Borough of Cherry Tree.

E. EXPENSES: Any expenditures by the Borough of Cherry Tree in support of efforts authorized under ordinance are to be budgeted or otherwise approved by the Borough Council.

SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is held by a court of competent jurisdiction to be invalid, such decision shall not affect the remaining portions of this ordinance. The Borough Council of the Borough of Cherry Tree hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 4: This Ordinance shall be in full force and in effect immediately upon its adoption, approval and publication.

SECTION 5: All previous ordinances, resolutions, orders, or parts thereof, in conflict herewith are hereby repealed, rescinded and annulled. : I

SECTION 6: Adopted and approved by the Borough Council of the Borough of Cherry Tree this ___ day of _________, 2006.

My proposed ordinance, possibly the first of its kind in Pennsylvania, was sent to the Borough Solicitor for legal opinion, further action to take place at the next (December 6th) Borough Council meeting.

The Proposed Ordinance may end up as a Resolution since it neither requires anything of anyone, nor does it have any penalties. But, it would make a statement to burglars, ne'er-do-wells and other criminal elements that they really, really might want to think twice before doing anything illegal against the citizens of the Borough of Cherry Tree, Indiana County, Commonwealth of Pennsylvania.

Why, you may ask, is such a public statement needed? Three reasons, as follows:

First, life, defense of that life, and the defense of one’s family in or out of the home is both a right and an individual responsibility. When needed, the homeowner can defend his or her family, or the homeowner can dial 911 and wait, and wait, and wait, for someone else to show up to do the homeowner’s job.

Second, law enforcement exists to provide for general public safety. The key phrase “general public safety” does not include personal protection – that’s an individual responsibility. The police are not always available when immediately needed, and are neither required nor able to provide for the individual safety of all persons and their property. The police might show up after all the damage is done, but they’re not going to be there when the homeowner needs immediate help (immediate means right now, not five, ten or fifteen minutes from now).

Lastly, Article I, Section 21 of the Pennsylvania Constitution provides that "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned." Our own state constitution, which predates the U.S. Constitution, acknowledges that the individual is primarily responsible for his or her own self defense, not Officer Friendly, not Trooper Smith, but the individual. The good citizens of the Commonwealth of Pennsylvania are responsible for defending their own lives, and the lives of their families. If someone is found breaking into a house, they are threatening the lives and well-being of the residents thereof and the home’s occupants ought to have the means to protect themselves. To depend solely on the police for protection can prove to be a fatal mistake, one to which far too many examples exist. To the man of the house, I don’t believe your wife would appreciate it very much if you said, “Sorry, Honey, I’ll wait until the police arrive and have them defend your life.”

My proposed ordinance, possibly the first in the state, desires to promote through borough code the deterrent to burglaries and other crime which is inherent in having an armed residency within the borough as guaranteed by both the Constitution of the united States and Pennsylvania State Constitution. Think it can’t happen here? Ask the couple in nearby Nicktown who went through a home invasion. They depended on the police to provide for their protection. That didn’t deter the criminals one bit.

Whose residence is going to get hit first by burglars or other criminals intent on doing you harm? Will it be the residence where it’s known to be completely defenseless? Or will it be the residence where the homeowner MIGHT have a gun?

Of course, if you do have a firearm in your household, you are responsible for knowing how to use your firearm safely, and when to use it. You should be knowledgeable of firearms safety rules and state laws governing the use of firearms. With certain rights come certain responsibilities. Being a responsible gun owner goes hand-in-hand with having the right to possess such a device.

To support being a responsible gun owner, Cherry Tree’s proposed ordinance also states that the Mayor and Chief of Police are authorized to promote and encourage firearm safety and firearm safety training for residents the Borough of Cherry Tree. For the Cherry Tree residents, this means that the borough building could be used for firearms safety classes. As a Borough Councilman, I support this. We should have an educated populace.

There are those that do not want firearms in their homes, and that is their right. For whatever reasons, religious, moral or legal, if the homeowner does not comply with the ordinance’s recommendations, then they have the right to do so. However, if the homeowner wishes to take their responsibilities seriously, then we as their elected representatives should support them.

Homeland Defense begins at home.