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May 2nd, 2011
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2011-12 Proposed law for dealing with Municipalities Violating Preemption Law
Are YOU Tired Of Municipalities Violating Pennsylvania Firearms Preemption Law?
Currently Municipalities across the Commonwealth are routinely in violation of Preemption section §6120 Limitation on the regulation of firearms and ammunition or attempting to enact new ordinances that are violations of Preemption Text of existing law PA Uniform Firearms Act http://acslpa.org/pa_uniform_firearms_act.htm TITLE 18 PA CRIMES CODES §6120. Limitation on the Regulation of Firearms and Ammunition. (a) General rule. No county, municipality or township may in any manner regulate 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 this commonwealth. (a. l) No right of action. proposed section (a.2) goes here (1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public. (2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision. (b) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition. "Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles). "Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district. (Chgd. by 1.1999, Act 59(7), eff.12/15/99.) The scenario begins with you bringing the Preemption violation to the attention of council members at a council meeting. In many cases most of the good people elected to council will try to do the right thing when you illustrate the problem to them. Some will change or repeal their ordinance (oftentimes reluctantly) to comply with current Pennsylvania law, either way it gets fixed, problem solved! However, what happens IF they continue to break the law with a new ordinance? What do you with elected representatives that openly advocate, and deliberately engage in, civil disobedience for their own personal agenda because they do not like firearms or can advance their own political desires? So you are faced with taking them to court knowing that even if you win they will only do the least they can to comply with the law, so you are faced with possibly taking them back to court at some future date when they do it again. All of this cost lots of money. You or your organization are still out thousands of dollars which you won’t get back. Lawsuits are not the only thing that can be done! We are working with Pennsylvania legislators in the House of Representatives, specifically representative Daryl Metcalfe, to address the situation with these rogue communities! Interested? Well Rep Metcalfe introduced this legislation at our request to stop the intentional criminal and civil disobedience on the part of elected officials Last session this bill was known as HB 1541 and SOON will be reintroduced in early May of 2011 HB 1541 Rep Metcalfe providing future limitation of firearms by prohibiting anyone but the state to regulate firearms. http://www.legis.state.pa.us/cfdocs/...type=B&bn=1541 Section 1. Section 6120 of Title 18 of the Pennsylvania Consolidated Statutes is amended by adding a subsection to read: § 6120. Limitation on the regulation of firearms and ammunition. * * * (a.2) Remedies for unlawful regulation.--Notwithstanding any other provision of law, upon finding that a county, municipality or township in any manner regulated the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components in violation of subsection (a) or 53 Pa.C.S. § 2962(g) (relating to limitation on municipal powers), a court shall direct the county, municipality or township to pay actual damages and reasonable attorney fees and costs to a party who successfully challenges the regulation. * * * Section 2. This act shall take effect in 60 days. If you are for the concept of strengthen Preemption Law how about contacting and asking the following Reps that usually support firearm owners rights and the rule of PA law to add their names as a co sponsors? Shouldn’t be any problem picking up lots of these Reps if we just ask them to become a co sponsor again. Here was last session thread on HB 1541 for reference http://forum.pafoa.org/pennsylvania-...ption-law.html (Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?) See next post on who to ask to become a sponsor. Thanks for all of your support on this project in advance with contacting the Reps FYI For easy of finding this letter to the District Attorney's about Municipalities Violating Preemption Law from TOM CORBETT (former) Attorney General on PA take the time to read this post. http://forum.pafoa.org/1021822-post-74.html
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May 8 2012 HBG 7th RKBA annual lobbying event see - Political for details or 2arally.com 
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May 2nd, 2011
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Re: 2011-12 Proposed law for dealing with Municipalities Violating Preemption Law
ALERT & UPDATE Feb 14th is the re scheduled FULL house vote WE GOT a RED ALERT & a CALL for immediate Activist Action required please contact Reps TODAY HB 1523 is on 2nd consideration for Mon Feb 14th 2012 Session starts at 11am and this can be voted any time today FYI 2nd consideration is when any member can file an amendment including anti-gun ones With final passage vote scheduled to be taken on Wed Feb 15 if all goes well Currently there are at least a dozen plus ALL anti-gun amendments filed at least 3 are ghost just a number & NO TEXT Kim Stolfer has a write up on them see attached document IF you need details SEND a simple message to ALL Reps listed VOTE NO on ALL amendments First Batch email are current sponsors to HB 1523 Thank them for their support. raument@pahousegop.com; mbaker@pahousegop.com; jbear@pahousegop.com; kbenning@pahousegop.com; sbloom@pahousegop.com; mbrooks@pahousegop.com; tcaltagi@pahouse.net; mcauser@pahousegop.com; jchristi@pahousegop.com; dcosta@pahouse.net; jcox@pahousegop.com; tcreight@pahousegop.com; bcutler@pahousegop.com; gdenling@pahousegop.com; bellis@pahousegop.com; jemrick@pahousegop.com; eevankovich@pahousegop.com; mgabler@pahousegop.com; cgeorge@pahouse.net; jgibbons@pahouse.net; mgillen@pahousegop.com; ngoodman@pahouse.net; ggrell@pahousegop.com; sgrove@pahousegop.com; mhahn@pahousegop.com; tharhai@pahouse.net; jharhart@pahousegop.com; aharris@pahousegop.com; dheffley@pahousegop.com; shelm@pahousegop.com; dhess@pahousegop.com; dhickern@pahousegop.com; shutchin@pahousegop.com; rkauffma@pahousegop.com; fkeller@pahousegop.com; mkeller@pahousegop.com; jknowles@pahousegop.com; bkortz@pahouse.net; nkotik@pahouse.net; tkrieger@pahousegop.com; jlawrenc@pahousegop.com; mlongiet@pahouse.net; dmaloney@pahousegop.com; Jmarshall@pahousegop.com; dmetcalf@pahousegop.com; cmetzgar@pahousegop.com; dmillard@pahousegop.com; rmiller@pahousegop.com; dmoul@pahousegop.com; mmustio@pahousegop.com; bneuman@pahouse.net; doberlan@pahousegop.com; sperry@pahousegop.com; jpetrarc@pahouse.net; jpyle@pahousegop.com; klrapp@pahousegop.com; hreadsha@pahouse.net; broae@pahousegop.com; trock@pahousegop.com; rsaccone@pahousegop.com; ssaylor@pahousegop.com; estaback@pahouse.net; jstern@pahousegop.com; rstevens@pahousegop.com; rswanger@pahousegop.com; wtallman@pahousegop.com; ttoohil@pahousegop.com; mturzai@pahousegop.com; rvulakov@pahousegop.com; jwhite@pahouse.net; 2nd Batch email are Reps that voted for HB 1523 in Judiciary committee but are not sponsors PLEASE THANK them for there vote on Feb 6th jbrennan@pahouse.net; kgillesp@pahousegop.com; rmarsico@pahousegop.com; boneill@pahousegop.com; tstephens@pahousegop.com; mtoepel@pahousegop.com; dkula@pahouse.net; 3rd Batch email are NOT current sponsors to HB 1523 sboyd@pahousegop.com; fburns@pahouse.net; pclymer@pahousegop.com; gday@pahousegop.com; geverett@pahousegop.com; mfleck@pahousegop.com; jhornama@pahouse.net; tmahoney@pahouse.net; smajor@pahousegop.com; jmarkose@pahouse.net; tquigley@pahousegop.com; mreese@pahousegop.com; cschrode@pahousegop.com; shsmith@pahousegop.com; csonney@pahousegop.com; bboyle@pahouse.net; rbuxton@pahouse.net; pcosta@pahouse.net; tdavis@pahouse.net; jgallowa@pahouse.net; thenness@pahousegop.com; aravenstahl@pahouse.net; cross@pahousegop.com; dsantoni@pahouse.net; jtaylor@pahousegop.com; jwheatley@pahouse.net; wadolph@pahousegop.com; bbarbin@pahouse.net; sbarrar@pahousegop.com; kboback@pahousegop.com; rbrown@pahousegop.com;mcarroll@pahouse.net; sconklin@pahouse.net; lculver@pahousegop.com; pdaley@pahouse.net; ddeasy@pahouse.net; sdelozie@pahousegop.com; tdeluca@pahouse.net; fdermody@pahouse.net; wdeweese@pahouse.net; gdigirol@pahousegop.com; gdunbar@pahousegop.com; jevans@pahousegop.com; ffabrizi@pahouse.net; Ffarry@pahousegop.com; rgeist@pahousegop.com; mgergely@pahouse.net; mgingric@pahousegop.com; rgodshal@pahousegop.com; jhackett@pahousegop.com; ghaluska@pahouse.net; mhanna@pahouse.net; pharkins@pahouse.net; kharper@pahousegop.com; wkampf@pahousegop.com; skavulich@pahouse.net; tkillion@pahousegop.com; jmaher@pahousegop.com; kmasser@pahousegop.com; rmatzie@pahouse.net; NickMicc@pahousegop.com; nmicozzi@pahousegop.com; dmilne@pahousegop.com; rmirabito@pahouse.net; gmullery@pahouse.net; kmurphy@pahouse.net; tmurt@pahousegop.com; epashins@pahouse.net; jpayne@pahousegop.com; mpeifer@pahousegop.com; spetri@pahousegop.com; tpickett@pahousegop.com; mquinn@pahousegop.com; dreed@pahousegop.com; csainato@pahouse.net; mscavell@pahousegop.com; jsimmons@pahousegop.com; ksmith@pahouse.net; mhsmith@pahouse.net; mtobash@pahousegop.com; dtruitt@pahousegop.com; mvereb@pahousegop.com; kwatson@pahousegop.com; PLEASE ASK ALL of them to VOTE NO on ALL amendments to HB 1523 Quote:
http://www.legis.state.pa.us/WU01/LI/CO/HM/COHM.HTM No news on HB 1668 as a yet if it will get a vote Note HB 1523 is Rep Metcalfe dealing with Preemption Violations WE WANT them to VOTE FOR HB 1523 71 Reps signed on as sponsors to HB 1523 HB 1668 is Rep Krieger dealing with The Right To Transport Firearms (If you need to have LTCF permit its not a right now is it?) WE WANT them to VOTE FOR HB 1668 99 Reps signed on as sponsors to HB 1668 Quote:
Call their offices, send Faxes and emails UPDATE May 11, 2011 This Bill was filed on Rally Day May 10, 2011 The bill number is HB 1523 please use this in any contact with Reps, This version increases the damages (cost) to the law breaking elected officials more than last sessions please read text here http://www.legis.state.pa.us/cfdocs/...type=B&BN=1523 List of Reps to contact Work in Progress will keep updating this post with new information. Past sponsors of this bill (FYI hb 1541) that as of June 3, haven't signed up yet, THESE SHOULD BE EASY ONES to add their names. So focus on this list first and just ask them Scott W. Boyd R sboyd@pahousegop.com Frank Burns D fburns@pahouse.net Paul I. Clymer R pclymer@pahousegop.com Brian L. Ellis R bellis@pahousegop.com Garth D Everett R geverett@pahousegop.com Mike Fleck R mfleck@pahousegop.com John Hornaman D jhornama@pahouse.net Deberah Kula D dkula@pahouse.net make sure Thank for feb 6th Judiciary Committee vote Tim Mahoney D tmahoney@pahouse.net Sandra Major R smajor@pahousegop.com Joseph F. Markosek D jmarkose@pahouse.net Thomas J. Quigley R tquigley@pahousegop.com Stanley E. Saylor R ssaylor@pahousegop.com Curt Schroder R cschrode@pahousegop.com Samuel H. Smith R shsmith@pahousegop.com SPEAKER Of The House make sure you contact and ask for a Vote on HB 1523 Curtis G. Sonney R csonney@pahousegop.com Ask people on this list 2nd, unless they are your Rep that make sure they are first to ask Some are new Reps, the rest were not sponsors last session William F. Adolph R wadolph@pahousegop.com Bryan Barbin D bbarbin@pahouse.net Stephen Barrar R sbarrar@pahousegop.com Karen Boback R kboback@pahousegop.com Joseph F. Brennan D jbrennan@pahouse.net make sure Thank for feb 6th Judiciary Committee vote Rosemary Brown R rbrown@pahousegop.com Mike Carroll D mcarroll@pahouse.net Jim Christiana R jchristi@pahousegop.com H. Scott Conklin D sconklin@pahouse.net Lynda Culver R lculver@pahousegop.com Peter J. Daley D pdaley@pahouse.net Daniel Deasy D ddeasy@pahouse.net Sheryl Delozier R sdelozie@pahousegop.com x Tony DeLuca D tdeluca@pahouse.net Frank Dermody D fdermody@pahouse.net H. William DeWeese D wdeweese@pahouse.net Gene DiGirolamo R gdigirol@pahousegop.com John R. Evans R jevans@pahousegop.com Florindo J. Fabrizio D ffabrizi@pahouse.net Frank A Farry R Ffarry@pahousegop.com Richard A. Geist R rgeist@pahousegop.com Marc J. Gergely D mgergely@pahouse.net Keith J. Gillespie R kgillesp@pahousegop.com make sure Thank for feb 6th Judiciary Committee vote Mauree A. Gingrich R mgingric@pahousegop.com Robert W. Godshall R rgodshal@pahousegop.com Joe Hackett R jhackett@pahousegop.com Michael K. Hanna D mhanna@pahouse.net Patrick J Harkins D pharkins@pahouse.net Kate Harper R kharper@pahousegop.com Warren Kampf R wkampf@pahousegop.com Sid Kavulich D skavulich@pahouse.net Tom H. Killion R tkillion@pahousegop.com Ronald S. Marsico R rmarsico@pahousegop.com make sure Thank for ALLOWING the Feb 6th Judiciary Committee vote Kurt Masser R kmasser@pahousegop.com Robert Matzie D rmatzie@pahouse.net Nick Miccarelli R NickMicc@pahousegop.com Nicholas A. Micozzie R nmicozzi@pahousegop.com Duane Milne R dmilne@pahousegop.com Richard Mirabito D rmirabito@pahouse.net Gerald Mullery D gmullery@pahouse.net Kevin Murphy D kmurphy@pahouse.net Thomas P Murt R tmurt@pahousegop.com Bernard T. O'Neill R boneill@pahousegop.com make sure Thank for feb 6th Judiciary Committee vote Eddie Day Pashinski D epashins@pahouse.net John D. Payne R jpayne@pahousegop.com Michael Peifer R mpeifer@pahousegop.com Scott A. Petri R spetri@pahousegop.com Tina Pickett R tpickett@pahousegop.com Marguerite Quinn R mquinn@pahousegop.com Dave Reed R dreed@pahousegop.com Chris Sainato D csainato@pahouse.net Mario M. Scavello R mscavell@pahousegop.com Justin Simmons R jsimmons@pahousegop.com Ken Smith D ksmith@pahouse.net Matthew Smith D mhsmith@pahouse.net Todd Stephens R tstephens@pahousegop.com make sure Thank for feb 6th Judiciary Committee vote Mike Tobash R mtobash@pahousegop.com Marcy Toepel R mtoepel@pahousegop.com make sure Thank for feb 6th Judiciary Committee vote Dan Truitt R dtruitt@pahousegop.com Mike Vereb R mvereb@pahousegop.com Katharine M. Watson R kwatson@pahousegop.com Quote:
So....... IF your Rep is not on either list, or not a current sponsor what could it hurt to ask them to sign on anyway? This bill was introduced on May 10, 2011 on 6th Rally Day
__________________
May 8 2012 HBG 7th RKBA annual lobbying event see - Political for details or 2arally.com Last edited by WhiteFeather; 2 Weeks Ago at 09:39 AM. Reason: updating sponsorship
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May 4th, 2011
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Re: 2011-12 Proposed law for dealing with Municipalities Violating Preemption Law
I think that this is very exciting.
My 2 cents on where this is placed. Since this is posted in an area that I would not normally check on a daily basis I have missed until now and only because I was checking up on the expanded Castle Doctrine Legislation. I normally skip over this section because I consider it more for reference. Would this garner more attention if it were to sit in the normal Pennsylvania News section until others are aware of it? Maybe this is only an issue for me but I wanted to check. Thanks for your continued work.
__________________
You cannot turn the other cheek if you are already dead.
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May 5th, 2011
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Re: 2011-12 Proposed law for dealing with Municipalities Violating Preemption Law
"An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for limitation on the regulation of firearms and ammunition."
Is it just me or is the "Short Title" as it would be announced / introduced each time in the house seem to be written very... liberally. Does anyone else see what I mean with how it reads?? I am not sure if this is something that can be changed, or if those doing the real work on this Bill would want it changed... It just seems to give the wrong impression to me... In any case, thank you for arranging another GREAT resource for everyone to follow as we try to support this bill. Great job!
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May 6th, 2011
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Re: 2011-12 Proposed law for dealing with Municipalities Violating Preemption Law
WhiteFeather,
Do you think we could ever get something like this introduced? http://forum.pafoa.org/pennsylvania-...illy-pols.html (Now THIS is what we need in PA to stop Philly pols) Quote:
Sadly, I don't think the language in (a.2) is enough to deter an anti-gun politician, such as the wonderful people in State College, or Darrell Clarke in Philadelphia, from violating preemption. 
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May 6th, 2011
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Re: 2011-12 Proposed law for dealing with Municipalities Violating Preemption Law
I think that this proposed law would greatly increase compliance with §6120, but there are still potential loopholes that would allow courts to let local governments off the hook. While the meaning of the statutes are quite clear, the "registry is not a registry" ruling by the PA Supreme Court demonstrates that when the courts want to find in favor of the government, they can find a way to do so. This can be expected to be especially true when it comes to making local governments pay monetary damages or local officials suffer criminal penalties.
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Ma la notte risurge, e oramai è da partir, ché tutto avem veduto. -Dante
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May 6th, 2011
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Re: 2011-12 Proposed law for dealing with Municipalities Violating Preemption Law
Rep Metcalfe is aware of this FL proposal, right now we don't have enough people posting Replies from Reps to get this mild version to cover the legal fee to take them to court let alone that $5 million version passed into law. Once the mild version is in effect you can always raise the stakes (amount) If elected people refuse to obey the rule of law.
BTW we picked up only two more co sponsors between May 2-6, 2011, people need to be contacting the Reps, based on the shear number of post of people complaining about the problem all across PA in other threads. Really surprised at the few posting to the solution this will offer them to level the playing field with cost to take them to court. Are people just posting to complain and NOT complaining to the Reps that can change the equation that is being offered? Quote:
Little support from gun owners ONLY little solutions are possible to changes in the law. Also IF there was lots of support nothing saying this proposed bill couldn't be amended to increase the fines against the law breakers. When the law breaker have to start paying for lawsuits out of their pockets thing will start to change.
__________________
May 8 2012 HBG 7th RKBA annual lobbying event see - Political for details or 2arally.com
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May 12th, 2011
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Re: 2011-12 Proposed law for dealing with Municipalities Violating Preemption Law
FLorida just passed a law that fines the townships or local jurisdictions as well as the individuals, for usurping state law, prhaps fines should be include in pa law
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May 12th, 2011
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Re: 2011-12 Proposed law for dealing with Municipalities Violating Preemption Law
TALLAHASSEE -- Local officials would be personally liable and could face fines up to $100,000 for enacting or enforcing gun laws stricter than the statewide standard under a measure (SB 402) that passed the Senate Judiciary Committee Monday (Apr. 4).
Perhaps pennsylvania could be served well by a similar approach
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June 27th, 2011
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Re: 2011-12 Proposed law for dealing with Municipalities Violating Preemption Law
Quote:
My Rep is a Co-Sponsor of this bill. Quote:
__________________
 Regards Robert Smile... it increases your face value! Those who hammer their guns into plows will plow for those who do not. ~Thomas Jefferson
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| Thread | Thread Starter | Forum | Replies | Last Post |
| Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law? | WhiteFeather | Pennsylvania | 103 | November 4th, 2010 08:26 AM |
| Municipalities in violation of §6120 (Preemption) | gnbrotz | Pennsylvania | 0 | October 12th, 2010 03:28 PM |
| Shaw's Bridge Park is violating preemption | XACEX | Chester | 15 | August 1st, 2010 07:16 PM |
| LEGAL FUND - To challenge municipalities who refuse to comply with preemption | gnbrotz | General | 18 | October 3rd, 2008 04:40 PM |
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