Re: A look back at Gun Control, the NRA, Grass Roots Activism and HCI circa 1995
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PSA -- Act 17 may be of some limited use in stopping local gun registration such as the Pittsburgh Gun Task Force prototype gun registration database that is being developed with your tax dollars under a grant from Janet Reno's Just-us department using Carnegie Mellon University computer expertise. In reality, the Pittsburgh program apparently already violates the pre-Act 17 Pa. firearms preemption law and Federal law at 18 U.S.C. 926 and elsewhere - Act 17 is not needed to kill it. By the way - Mike Slavonic and Kim Stolfer of the Allegheny County Sportsmen's League are the persons responsible for the FOIA that uncovered this illegal scheme that endangers gun owners across America.
PSA -- Under Act 17, it is not a "third-degree felony" for the state or a political subdivision to maintain an illegal gun registry or to share this information with Janet Reno. The felony that NRA references is for gun dealers who use "instant check" to check out their daughters boyfriends.
PSA -- The NRA knows that the state intends to use gun buyers "instant check" money to computerize 60 years of accumulated handgun "Record of Sale" forms. These records contain the purchasers name, address, birthdate, social security number and the make, model, caliber and serial number of the handgun. These forms and an additional Act 17 form will continue and all of this information will, under Act 17, be "instantly" available to law enforcement when they get a call to any address or if they do a traffic stop or if it is time to round up guns and gun owners. By the way, "instant check" computers will be relational and networked. Under the NRA drafted "Instant check" amendment to the Brady Law, Janet Reno is mandated to select the hardware and to develop the software to network all instant check computers in America. Thanks Tanya.
NRA * Removes from state law the prohibition against loaning a handgun, protecting innocent practices that formerly were technical violations of law.
PSA -- Pre-Act 17 statutes, said, in essence, that loaning handguns was legal as long as the person receiving the firearm was not legally prohibited from buying a firearm. A single (but important) draconian court decision declared that all loaning of handguns is a felony. We would have preferred
that Act 17 clarify and reimpose the law as it existed prior to that court case. Instead, Act 17 makes it clear that all loans of handguns are illegal unless one of the limited number of exceptions contained in section 6115 of Act 17 is applicable. A violation of this new law is a crime that, at a minimum, will cause the lender to lose all of his firearms rights for life. It is appalling that loans between husbands and wives and between parents and their children and grandparents and their grandchildren are not included
in the exemptions. Teach your spouse, parents, grandparents and children to say that you permanently gave or sold him/her the gun and never to use the word "loan." Even this imperfect defense will not work with your siblings. In law, transfer is permanent, loan temporary.
PSA -- Loaning handguns at NRA sanctioned shooting events is ok because NRA wrote a specific NRA event exemption into the law. IPSC, USPSA, IHMSA, BPSA and other sanctioned events are not specifically exempted. Competitors who loan guns at those events, are left to pioneer new legal defenses under vague provisions of the law. Gee sounds like an incentive to pay NRA to affiliate doesn't it? DVC
NRA * Requires that written notice citing a specific reason be given for denial of an application for or revocation of a license to carry a firearm.
PSA -- Act 17 also increases the number of specific reasons for denying someone's application for a license to carry a firearm by sixteen subsections and thirty-two enumerated offenses.
NRA * Provides for reciprocity between states issuing licenses to carry a firearm if agreed to by the respective state attorney generals.
PSA -- Under Act 17, Pennsylvania's Attorney General may enter into reciprocity agreements with other states. "May" - not shall! [See section 6109(k)]. Don't hold your breath waiting for these reciprocity agreements to be widespread. Meanwhile, back in the real world, listen up - you NRA
Directors who travel through Pennsylvania on your way to NRA Board meetings or to Camp Perry. Your NRA employees really took care of you with Act 17. In the past, concealed carry without criminal intent was a misdemeanor. The old law needed serious improvement, but Act 17 says:
"ANY PERSON WHO CARRIES A FIREARM CONCEALED ON OR ABOUT HIS PERSON OR IN A VEHICLE WITHIN THIS COMMONWEALTH WITHOUT A VALID AND LAWFULLY ISSUED LICENSE UNDER THIS SECTION COMMITS A FELONY OF THE THIRD DEGREE" Notice the absence of any distinction between criminal or lack of criminal intent. Vacationing out of state concealed permit holders, vacationing police officers, spouses without permits who take hubby's Bronko to the Stop and Go without first removing the gun in the console are treated the same as canvas coated gangbangers on their way to an innercity jurisdictional resolution event. Guess why your NRA employees didn't brag about this provision. By the way, the ACSL-PSA "Grass Roots" reform proposal, if enacted, makes a big distinction between criminal and non-criminal intent and for those with out of state permits or badges. We think that NRA should never have agreed to raise the penalty without getting those protections for good guys who carry guns. What do you think?
NRA * Increases criminal sanctions for unlawful gun sale or possession.
PSA-- It also fails to provide adequate protections for legitimate sellers and gun dealers. Dealers, if your clerk makes a couple of illegal sales, without your knowledge or approval, you could be subject to a mandatory minimum sentence of five years and civil penalties. The ACSL-PSA "Grass Roots" reform Proposal provides for those protections.
NRA * Makes mandatory penalties for the use of a replica firearm in the commission of a violent crime as for the use of a real firearm.
PSA--Rapists, muggers and gang members now will get five years less sentence if they use knives or acid instead of toy guns.
NRA * Allows licensed firearm dealers to conduct business at gun shows and meets. When the instant check system goes on line, dealers will be able to deliver as well as sell handguns to purchasers at gun shows.
PSA -- Dealers got along just fine at Pennsylvania gun shows before October 11, 1995 when they were "allowed" by Act 17. We could have been spared millions of dollars in new NRA taxes and been spared a computerized database of legitimate gun owners and their guns and enabled dealers to deliver
handguns on the spot just by exempting concealed carry permit holders from the waiting period.
NRA * Exempts a person with a valid license to carry from the instant check requirement.
PSA -- Permit holders are exempted from the waiting period, but not from the instant check. The instant check requirement will apply to everyone purchasing a rifle, shotgun or handgun from a licensed firearms dealer, manufacturer or importer [See section 6111(b)(3)]. No one will be exempt
when purchasing a handgun regardless of who is the seller or purchaser [See section 6111(c)] unless the transfer is between spouses, parent and child and grandparent and grandchild [See section 6110.1.(c)].
NRA * Frees Philadelphians from second-class citizen status, as they now are subject to the same criteria for issuance of a license to carry as all other Pennsylvanians.
PSA -- This is probably the only real gain in Act 17, that might not have been realized without selling out so many other gun rights. HCI didn't want this change. However, HCI got so much in Act 17 that they enthusiastically backed the bill even though it contained this provision.
NRA * Provides for a single state firearms dealer's license-- eliminating the need to obtain one in each county--and extends the dealer's premises to any "lawful gun show or meet."
PSA -- Prior to Act 17, Section 6113 of the Pennsylvania Uniform Firearms Code provided for essentially the same licensing of dealers for the fee of $10.00. [1972, Dec 6, P.L. 1482, No. 334, Sec. 1, effective June 6, 1973]. Other than the increase in the fee from $10.00 to $30.00, the only significant difference in the section is the specific mention of sales at lawful gun shows and meets. Sheriff's issue the "state" license to sell firearms and it has been reported that one sheriff attempted to sell his "state" license to out of county license holders attending a gun show in his county. While an improvement, this is nothing to brag about, when one factors the rather considerable new paperwork, expense, criminal liability and civil liability that Act. 17 has imposed on licensed dealers.
NRA * Exempts from the act's paperwork requirements transfers of handguns between spouses, parent and child and grandparent and grandchild.
NRA * What the Uniform Firearms Act of 1995 Act Doesn't Do:
NRA * Does not change the law regarding the buying, trading and selling of rifles and shotguns among non-licensed individuals.
PSA--Act 17 did change the law regarding private sales of rifles and shotguns. You are still allowed to make private sales, but even the strongest proponents of Act 17 admit that the only sure way to avoid the significant new criminal and civil liabilities is to make every transfer through a licensed dealer and thus register the gun.
NRA * Does not criminalize the possession of a pistol, rifle or shotgun without proof of purchase or an instant check receipt.
NRA * Does not make felons of parents who leave a handgun in the home in the "constructive possession" of their minor children. The portion of the law pertaining to the loaning of firearms addresses juveniles and states, "nothing in the section shall be construed to prohibit the loaning or giving of a firearm to another in one's dwelling or place of business if the firearm is retained within the dwelling or place of business."
PSA -- Section 6110.1. Possession of firearm by minor, is the law which controls when any handgun is possessed by or delivered to a minor. The portion of Act 17 which relates to the loaning of firearms does not address minors even when the firearm remains in the home [See section 6115(3)]. Section 6110.1, Possession Of A Firearm by Minor, would apply and it states that if an adult provides a firearm to a minor, that adult commits a felony of the third degree unless the person who is under 18 years of age is under the supervision of a parent, grandparent, legal guardian or an adult acting with the expressed consent of the minor's custodial parent or legal guardian [See section 6110.1.(b) and (c)]
PSA -- One of the reasons that the Act is so confusing, is that it has several different definitions for the word "firearm". On October 11 the State Police promulgated regulations that stretched the Act even further, incorrectly interpreting this prohibition to include rifles and shotguns (not just handguns).
NRA * Some Pennsylvania gun owners have expressed concern that the Uniform Firearms Act of 1995 was supported by Handgun Control, Inc. (HCI). In truth, HCI had one of two choices: jump on the train as it left the station or get run over by it. HCI got nothing it wanted in this law. What it did want was its usual Christmas tree of anti-gun measures: Semi-auto bans, bans on large-capacity magazines, firearm registration, retention of the waiting period after the instant check system goes on line, a requirement that all guns in the home be kept unloaded and locked, a $300 annual license fee for dealers and much more.
PSA -- If HCI got "nothing" as NRA employees just told you - then why do legislative records show that HCI lobbied for Act 17 before passage? Why did every anti-gun Senator in Pennsylvania vote for the bill? Why is Sarah Brady now fighting to block grassroots efforts to repeal the Act?
ILA employees told NRA members what a hard fought victory it was to get Act 17 passed. They were angry with PSA when we obtained the minutes of Legislative floor debates which proved that HCI lobbied for Act 17 passage. They went ballistic when PSA obtained and published HCI's press release in which Sarah Brady said "Pennsylvania now has one of the most comprehensive lists of prohibitions on purchase, sale, transfer or possession of guns in the country...things...NRA has vehemently opposed in the past. This appears to be a shift in the N.R.A.'s no compromise approach to gun control." Do you really believe their story that HCI got "nothing"? Do you want to keep employees that lie to you?
PSA -- HCI did not get everything that it wanted. HCI asked for the moon, so that their actual gains would appear less significant. They have learned how to play the NRA.
NRA * There is no question that the right of law abiding Pennsylvanians is more secure today than it was before passage of the Uniform Firearms Act of 1995.
PSA --We disagree.
NRA * This information is provided as a service of the National Rifle Association Institute for Legislative Action, Fairfax, VA.
PSA -- the preceding was a servicing of NRA members by ILA employees.
WHY DID NRA DO IT? We don't know for sure, but NRA is in the news because of allegations of financial mismanagement, (NRA's D&B credit rating plummeted, IRS announced a two year audit etc.) While these allegations may be politically motivated, they do make photogenic celebrities and big money contributors nervous. NRA leaders may have felt the need to produce quick victories. Rumors spread that NRA would do anything for quick passage of "instant check" and "concealed carry" bills - since those names are widely regarded to be NRA legislative goals. In Pennsylvania, the easiest, quickest victory may have been a backroom deal to water down the more overtly brazen provisions of an HCI backed bill, add "instant check" and some genuine good things such as concealed carry reform for the City of Philadelphia. The bill passed with lightning speed and NRA employees proclaimed that they had achieved a "victory." Less spectacular compromises have reportedly marred "victories" in other states.
PSA WENT PUBLIC BECAUSE OF THE THREAT TO OTHER STATES. After passage of Act 17, NRA and HCI both proclaimed victory and both said that the Pennsylvania law will be a model for other states. Pennsylvania Senate Majority Whip Mike Fisher, told the Senate that the Pennsylvania law would be a model for other states and for the Federal Government. Senator Fisher's threat could not be taken lightly. Fisher is understood to be an important delegate to the powerful Council of State Governments (CSG), The CSG networks so-called model legislation.
Earlier this year, we saw a demonstration of CSG power when they simultaneously introduced identical legislation in 49 states. Within weeks, CSG members passed that controversial legislation in 14 states. This year, Fisher sponsored and passed (in the Pa Senate) a bill to give Federal ATF, IRS, DEA and FBI agents the right to enforce all Pennsylvania state criminal laws and give them immunities. Similar laws are quietly passing in many states - goodbye state and local jurisdiction. The combination of NRA-HCI and CSG would be an unstoppable force nationwide. The PSA could not sit silently and wait for some NRA-ILA employees to develop integrity. Legislators and the NRA told us that it would take years to try to fix the problems with Act 17 because the legislature had no interest in revisiting the gun issue. PSA had no choice but to go public.
Well compensated NRA employees are not the NRA. We, the membership are the NRA and we deserve the truth from our employees. Most PSA leaders are NRA Life Members. We are the NRA and we don't want to hurt our NRA. NRA must get back on track. We will not quit the NRA - we will reform it. PSA, Box 1225 Hermitage, PA 16148
Gun control forces nationwide are watching Pennsylvania. Please help us to help you. Please put pressure on NRA employees to shape up. We hold no grudges for their past mistakes. We will welcome NRA back into the pro-gun community when they get back on track. We have learned to trust the legislative judgment of the Gun Owners of America. Remember when NRA asked you to vote for 1488 when defects in that Federal bill would have greatly expanded the powers of ATF? GOA told you the truth. Please back legislation that GOA backs and oppose what GOA opposes.
PLEASE ACT NOW. Gun owners should contact their state representatives and demand that Act 17 be repealed or at least get recorded votes on all of the reforms in the ACSL-PSA "Grass Roots" reform proposal that was drafted by the Pennsylvania Sportsmen's Association and the Allegheny County Sportsmen's League. Ask them to co-sponsor Representative Teresa Browns Act 17 reform bills. Pennsylvania residents are encouraged to contact their state senator and state representative and Senate Majority Whip Mike Fisher 717-787-5839 and Governor Tom Ridge 717-787-2500 Your local government building or library or League of Women voters can identify and tell you how
to contact your representatives.
PLEASE DON'T ABANDON US. We ask all Americans to support the PSA. Compared to the NRA and HCI we are mosquitoes fighting elephants. Exhausted and overworked, we just keep putting one foot in front of the other – hoping that others care enough to really help us preserve the liberties that our founders knew were essential. We need you to take action. Please send us a contribution (not tax deductible). Every penny is used to fight gun control. All of our leaders are unpaid volunteers. Our newspaper needs advertising. Advertising rates are $200 per page, $100 per half page and $50 per quarter page. We need donations of quality fax machines, IBM compatible computers, professional services etc. Membership with a newspaper subscription is $15 per year - we welcome out of state members and contributors. God save America and the NRA. Pennsylvania Sportsmen's Association, Box 1225, Hermitage, PA 16148. Please support sporting goods stores that contribute to the repeal of Act 17. DVC
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