Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?

[WhiteFeather]

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

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

INTRODUCED BY METCALFE, BAKER, BENNINGHOFF, BOYD, BROOKS, BURNS, CAUSER, CLYMER, CREIGHTON, CUTLER, DENLINGER, EVERETT, FAIRCHILD, FLECK, GIBBONS, GOODMAN, GRELL, GROVE, HARRIS, HELM, HESS, HICKERNELL, KAUFFMAN, KOTIK, MENSCH, METZGAR, MILLARD, MOUL, MUSTIO, PYLE, RAPP, READSHAW, ROAE, ROCK, ROHRER, S. H. SMITH, STABACK, STERN, STEVENSON, SWANGER, TURZAI VULAKOVICH, Hutchinson, Casorio, Tallman, Quigley, Bear, M Keller, Reichley, Schroder, Marshall, Saylor, Markosek, Longietti, Kortz, Cox, Solobay, Reese, Phillips, Gabler, Petrarca, Knowles, Major, Mahoney AND White these 11 additional Rep were a direct result of the April 27 Harrisburg lobby & interactive lobbying event. SEIP, OBERLANDER, GRUCELA, KULA, GEORGE, HORNAMAN, HARHART, SONNEY, PERRY KRIEGER, ELLIS and DAY

MAY 26, 2009

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.

Currently (Aug 16, 2010) HB 1541 has 76 sponsors, we need to increase this number to insure passage or at least a consideration of these bill to be added as a amendment. Without this measure being passed into law, expect willful act of preemption to continue state wide.

If you are for the concept of HB 1541 how about contacting and asking the following Reps than 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 to HB 1541


Bryan Barbin - bbarbin@pahouse.net - Cambria

Stephen Barrar - sbarrar@pahousegop.com Delaware


John C. Bear - Lancaster Signed up as co sponsor on Jan 25, 2010


Robert E. Belfanti - rbelfant@pahouse.net - Northumberland

Karen Beyer - kbeyer@pahousegop.com - Lehigh

Karen Boback - kboback@pahousegop.com - Col/Luz/Wyom

Joseph F. Brennan - jbrennan@pahouse.net - Northampton

Mike Carroll - mcarroll@pahouse.net - Luzerne


James E. Casorio - Westmoreland Signed up as co sponsor on Jan 15, 2010 THANKS to Throw Lead


Jim Christiana - jchristi@pahousegop.com - Beaver


Jim Cox - Berks Signed up as co sponsor on Feb 16, 2010


Peter J. Daley - pdaley@pahouse.net - Washington

Craig A. Dally - cdally@pahousegop.com - Northampton

Gary Day - Lehigh Signed up as co sponsor as of Aug 16, 2010


Daniel Deasy - ddeasy@pahouse.net - Allegheny

Tony DeLuca - tdeluca@pahouse.net - Allegheny

Frank Dermody - fdermody@pahouse.net - Allegheny

H. William DeWeese - wdeweese@pahouse.net - Greene

Brian L. Ellis - Butler Signed up as co sponsor after April 27, 2010 Rally

John R. Evans - jevans@pahousegop.com - Erie

Frank A Farry - Ffarry@pahousegop.com - Bucks


Matt Gabler - Elk Signed up as co sponsor on March 23, 2010


Richard A. Geist - rgeist@pahousegop.com - Blair

Camille "Bud" George - Clearfield Signed up as co sponsor after April 27, 2010 Rally

Marc J. Gergely - mgergely@pahouse.net - Allegheny

Mauree A. Gingrich - mgingric@pahousegop.com - Lebanon

Robert W. Godshall - rgodshal@pahousegop.com - Montgomery

Richard Grucela - Northampton Signed up as co sponsor after April 27, 2010 Rally

Gary Haluska - ghaluska@pahouse.net - Cambria

Michael K. Hanna - mhanna@pahouse.net - Clinton/Centre

R. Ted Harhai - tharhai@pahouse.net - Fayette/Westmoreland

Julie Harhart - Lehigh/North Signed up as co sponsor after April 27, 2010 Rally

Kate Harper - kharper@pahousegop.com - Montgomery

John Hornaman - Erie Signed up as co sponsor after April 27, 2010 Rally


Scott E. Hutchinson - Venango Signed up as co sponsor on Jan 11, 2010 THANKS to spooter66

Mark K. Keller - Perry Signed up as co sponsor on Jan 25, 2010


David R. Kessler - dkessler@pahouse.net - Berks

Tom H. Killion - tkillion@pahousegop.com - Delaware


Jerry Knowles - Schuylkill Signed up as co sponsor on March 23, 2010

Bill Kortz - - Allegheny Signed up as co sponsor on Feb 16, 2010


Tim Krieger - Westmoreland Signed up as co sponsor after April 27, 2010 Rally

Deberah Kula - Fayette Signed up as co sponsor after April 27, 2010 Rally


Mark Longietti - Mercer Signed up as co sponsor on Feb 16, 2010


John A. Maher - jmaher@pahousegop.com - Allegheny

Tim Mahoney - Fayette - Signed up as co sponsor on April 14, 2010


Sandra Major - Susquehanna Signed up as co sponsor on March 23, 2010

Joseph F. Markosek - Allegheny Signed up as co sponsor on Feb 10, 2010

Jim Marshall - Beaver Signed up as co sponsor on Jan 26, 2010


Robert Matzie - rmatzie@pahouse.net - Beaver

Nicholas A. Micozzie - nmicozzi@pahousegop.com - Delaware

Ron Miller - rmiller@pahousegop.com - York

Kevin Murphy - kmurphy@pahouse.net - Lackawanna

Donna Oberlander - Clarion/Armstrong Signed up as co sponsor after April 27, 2010 Rally


John E. Pallone - jpallone@pahouse.net - Westmoreland

John D. Payne - jpayne@pahousegop.com - Dauphin

Michael Peifer - mpeifer@pahousegop.com - Wayne

Scott Perry -Cumberland -York Signed up as co sponsor after April 27, 2010 Rally


John M. Perzel jmp@pahousegop.com - Philadelphia


Joseph A. Petrarca - Westmoreland Signed up as co sponsor on March 23, 2010


Scott A. Petri - spetri@pahousegop.com - Bucks


Merle H. Phillips - Northumberland Signed up as co sponsor on March 23, 2010


Tina Pickett - tpickett@pahousegop.com - Bradford


Thomas J. Quigley Montgomery Signed up as co sponsor on Jan 22, 2010 THANKS to soberbyker


Dave Reed - dreed@pahousegop.com - Indiana


Mike Reese - Westmoreland Signed up as co sponsor on March 1, 2010

Douglas G. Reichley - Lehigh Signed up as co sponsor on Jan 26, 2010


Chris Sainato - csainato@pahouse.net - Lawrence


Stanley E. Saylor - York Signed up as co sponsor on Jan 27, 2010


Mario M. Scavello - mscavell@pahousegop.com - Monroe


Curt Schroder - Chester Signed up as co sponsor on Jan 26, 2010


Tim Seip - Schuylkill Signed up as co sponsor after April 27, 2010


John Siptroth - jsiptrot@pahouse.net - Monroe


Timothy Solobay - Washington Signed up as co sponsor on March 1, 2010


Curtis G. Sonney - Erie Signed up as co sponsor after April 27, 2010 Rally


Will Tallman York Signed up as co sponsor on Jan 22, 2010 THANKS to soberbyker


Katie True - ktrue@pahousegop.com - Lancaster

Katharine M. Watson - kwatson@pahousegop.com - Bucks

Jesse White - - Washington - Signed up as co sponsor on April 19, 2010


Here was the response to the introduction of this bill by the criminal law breakers in local government at our 4th rallly.
http://www.post-gazette.com/pg/09112/964526-53.stm

The 5th annual Second Amendment Liberty in PA is Second to None rally & interactive lobbying event is going to be on Tuesday April 27, 2010 rally kicks off at 10 am PLEASE come and show your support for the cause

http://forum.pafoa.org/political-138...ml#post1065767 (2010 Second Amendment Liberty in PA is Second to None rally & lobbying event.)

[WhiteFeather]

If you are interested in stopping this violations of firearm laws by local government

PLEASE contact the Reps listed above and ask them to become sponsors to Rep Metcalfe'S HB 1541

[WhiteFeather]

As a side note there was just a decision in the courts Dec 2009 about local government enacting ordinances in the face of clear legislative language in the law.

Pick these jewel from inside the state Supreme court decision against Pittsburgh.

FYI The same Pittsburgh city council that also enacted illegal Lost & Stolen firearms ordinance

One of the most fundamental principles of statutory interpretation is that
“each word used by the Legislature has meaning and was used for a reason, not as mere surplusage.” Fisher v. Department of Public Welfare, 509 Pa. 164, 169, 501
A.2d 617, 619 (1985). Words and phrases must also be construed in accordance with their common and approved usage.

Pa. Supreme Court backs Pittsburgh custodial ruling

By The Tribune-Review
Thursday, December 31, 2009

The state Supreme Court upheld two lower court rulings that tossed out a
Pittsburgh ordinance designed to protect custodial workers from sudden layoffs
when large building operators switch cleaning, maintenance or security
agencies.

In a 6-1 decision, the court ruled the ordinance reached "beyond the powers
granted" to the city as a home rule municipality and was in violation of state law.

The "Protection of Displaced Contract Workers Ordinance" passed City Council
and the mayor's office in 2004. A coalition of Downtown building owners and
managers sued the city in 2005 and both an Allegheny County Common Pleas
judge and the state Commonwealth Court agreed the city overstepped its
authority to place rules on businesses.

The ordinance required custodial companies that get contracts in buildings
larger than 100,000 square feet to retain employees of the previous company
for a 180-day transition period.

If you are interested in stopping this violations of state firearm laws by local government

PLEASE contact the Reps listed above and ask them to become sponsors to Rep Metcalfe'S HB 1541

[theshadow]

Rep Gingrich's office has been contacted.

[JavaProgrammer]

Thanks for the info, Whitefeather. I'll have to stop by at my representative's office and talk to him about this bill.

Bills like this make me very happy that I am represented by Daryl Metcalfe.

[andrewjs18]

I'll work on-
Nicholas A. Micozzie - nmicozzi@pahousegop.com - Delaware

as he's my rep.

[Paradigm]

Good to see my rep is already on board. Not surprised, though...he's almost as conservative as Metcalfe.

[TheF00L]

[quote][quote=WhiteFeather;1037489]Are YOU Tired Of Municipalities Violating Pennsylvania Firearms Preemption Law?

In order by County if it helps
Bold are multiple counties



Daniel Deasy - ddeasy@pahouse.net - Allegheny
Tony DeLuca - tdeluca@pahouse.net - Allegheny
Joseph F. Markosek - jmarkose@pahouse.net - Allegheny
Frank Dermody - fdermody@pahouse.net – Allegheny
John A. Maher - jmaher@pahousegop.com - Allegheny
Bill Kortz - bkortz@pahouse.net - Allegheny
Marc J. Gergely - mgergely@pahouse.net – Allegheny

Jim Christiana - jchristi@pahousegop.com – Beaver
Jim Marshall - Jmarshall@pahousegop.com - Beaver
Robert Matzie - rmatzie@pahouse.net - Beaver

Jim Cox - JimCox@RepJimCox.com – Berks
David R. Kessler - dkessler@pahouse.net - Berks

Richard A. Geist - rgeist@pahousegop.com - Blair

Tina Pickett - tpickett@pahousegop.com – Bradford

Frank A Farry - Ffarry@pahousegop.com - Bucks
Katharine M. Watson - kwatson@pahousegop.com – Bucks
Scott A. Petri - spetri@pahousegop.com - Bucks

Brian L. Ellis - bellis@pahousegop.com - Butler

Bryan Barbin - bbarbin@pahouse.net – Cambria
Gary Haluska - ghaluska@pahouse.net – Cambria

Curt Schroder - cschrode@pahousegop.com - Chester

Donna Oberlander doberlan@pahousegop.com - Clarion/Armstrong

Camille "Bud" George - cgeorge@pahouse.net - Clearfield

Michael K. Hanna - mhanna@pahouse.net - Clinton/Centre

Karen Boback - kboback@pahousegop.com - Col/Luz/Wyom

John D. Payne - jpayne@pahousegop.com - Dauphin

Nicholas A. Micozzie - nmicozzi@pahousegop.com - Delaware
Stephen Barrar - sbarrar@pahousegop.com Delaware
Tom H. Killion - tkillion@pahousegop.com – Delaware

Matt Gabler mgabler@pahousegop.com - Elk

Curtis G. Sonney - csonney@pahousegop.com - Erie
John R. Evans - jevans@pahousegop.com – Erie
John Hornaman jhornama@pahouse.net - Erie


Deberah Kula - dkula@pahouse.net - Fayette
Tim Mahoney - tmahoney@pahouse.net - Fayette
R. Ted Harhai - tharhai@pahouse.net - Fayette/Westmoreland

H. William DeWeese - wdeweese@pahouse.net - Greene

Dave Reed - dreed@pahousegop.com - Indiana

Kevin Murphy - kmurphy@pahouse.net - Lackawanna

John C. Bear - jbear@pahousegop.com - Lancaster
Katie True - ktrue@pahousegop.com – Lancaster

Chris Sainato - csainato@pahouse.net - Lawrence

Mauree A. Gingrich - mgingric@pahousegop.com - Lebanon

Douglas G. Reichley - dreichle@pahousegop.com - Lehigh
Karen Beyer - kbeyer@pahousegop.com - Lehigh
Gary Day - gday@pahousegop.com – Lehigh
Julie Harhart - jharhart@pahousegop.com - Lehigh/North

Mike Carroll - mcarroll@pahouse.net – Luzerne

Mark Longietti - mlongiet@pahouse.net – Mercer

Mario M. Scavello - mscavell@pahousegop.com – Monroe
John Siptroth - jsiptrot@pahouse.net - Monroe


Kate Harper - kharper@pahousegop.com - Montgomery
Thomas J. Quigley - tquigley@pahousegop.com - Montgomery
Robert W. Godshall - rgodshal@pahousegop.com - Montgomery

Joseph F. Brennan - jbrennan@pahouse.net - Northampton
Craig A. Dally - cdally@pahousegop.com - Northampton
Richard Grucela - rgrucela@pahouse.net - Northampton
Robert E. Belfanti - rbelfant@pahouse.net - Northumberland
Merle H. Phillips - mphillip@pahousegop.com - Northumberland

Mark K. Keller - mkeller@pahousegop.com - Perry

John M. Perzel jmp@pahousegop.com - Philadelphia

Tim Seip - tseip@pahouse.net - Schuylkill
Jerry Knowles - jknowles@pahousegop.com - Schuylkill

Sandra Major - smajor@pahousegop.com - Susquehanna

Scott E. Hutchinson - shutchin@pahousegop.com - Venango

Timothy Solobay tsolobay@pahouse.net – Washington
Peter J. Daley - pdaley@pahouse.net – Washington
Jesse White - jwhite@pahouse.net - Washington

Michael Peifer - mpeifer@pahousegop.com - Wayne

James E. Casorio - jcasorio@pahouse.net – Westmoreland
Mike Reese - mreese@pahousegop.com – Westmoreland
John E. Pallone - jpallone@pahouse.net - Westmoreland
Joseph A. Petrarca - jpetrarc@pahouse.net – Westmoreland
Tim Krieger - tkrieger@pahousegop.com - Westmoreland

Will Tallman - wtallman@pahousegop.com - York
Ron Miller - rmiller@pahousegop.com - York
Stanley E. Saylor - ssaylor@pahousegop.com - York

[Brick]

Here's the base information for the bill. You can read the whole thing at:
http://www.legis.state.pa.us/cfdocs/...type=B&bn=1541

But please notice the text I've put in red. The one to really get this going is
Thomas R. Caltagirone, Chairman of the Judiciary Committee.

So let's work on him while we're working on our District reps.


Regular Session 2009-2010
House Bill 1541

Short Title: 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.
Prime Sponsor: Representative METCALFE
Last Action: Referred to JUDICIARY, May 26, 2009 [House]

[West Chester]

Letter Sent to Rep. Schroder of Chester County.