From: PA Federation of Sportsmen's Clubs [mailto
fsc@pa.net]
Sent: Wednesday, November 21, 2007 1:03 PM
To: PFSC
Subject: Committee Reports - House Judiciary - Gun Control Bills 11-20-07
House Judiciary
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:
http://www.legis.state.pa.us/cfdocs/...ate=11/20/2007
House Republican Press Releases Regarding Judiciary Committee Votes:
http://www.pahousegop.com/?sectionid...ctiontree=5,19
Radio Clips from Reps after meeting:
http://www.pahousegop.com/?sectionid...ctiontree=6,16
Greenberg Quinlan poll:
http://209.99.68.136/www/pa/library/2007/2007111970.PDF