Wilson Borough Approves Lost or Stolen
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Tuesday, May 11, 2010
BY MADELEINE MATHIAS
The Express-Times
WILSON BOROUGH | Borough council on Monday joined 32 other Pennsylvania communities requiring firearms owners to report lost or stolen handguns to police.
Without discussion, council members approved a new law modeled after others spreading across Pennsylvania as municipalities try to curb gun incidents.
The new ordinance, prepared by solicitor Louis Minotti Jr., requires firearms owners to report within 72 hours the loss or theft of a handgun.
Failure to report could result in a fine of up to $1,000 and imprisonment for up to 90 days.
The ordinance takes effect July 1.
Mayor David Perruso said he received one complaint that adoption of such an ordinance would be unlawful, unenforceable and could leave the borough open to civil liabilities.
But last month, as council considered such a law, Maxwell Nacheman, Pennsylvania coordinator for Mayors against Illegal Guns, said municipalities are taking action because while they would like the state to act, it hasn't.
He said such action by the municipalities does not conflict with state law that governs the possession of firearms. He said only when the handgun is lost or stolen must the owner report it, which helps police stop illegal firearms trafficking.
Council President Leonard Feinberg said he had attended a meeting where municipal officials proposed such ordinances to stop what are called "straw" purchases. "A woman (or) man could buy a gun and then give it to someone else who uses it in a crime," he said. The law could help stem such purchases, he predicted.
"The state hasn't done anything," Feinberg said. "It's like local municipalities passing cell phone bans while driving."
Feinberg said major cities like Philadelphia and Pittsburgh have adopted similar ordinances, as have many smaller communities throughout the state.
"This is one more tool our police can use," Feinberg said.
Councilman James McGowan said, "This could be for the good of the borough. It'll help get guns off the streets."
http://www.lehighvalleylive.com/east...470.xml&coll=3
Re: Wilson Borough Approves Lost or Stolen
Just saw the NRA alert...
THere has to be something done to these communities that are breaking the law and the organization providing them with false information?
Rico?
They are ignoring current law to push their false agenda.
Can we bring a class action suite against Cease Fire? for giving advice to break the law?
Re: Wilson Borough Approves Lost or Stolen
Quote:
Originally Posted by
thefirstndsecond
Just saw the NRA alert...
THere has to be something done to these communities that are breaking the law and the organization providing them with false information?
Rico?
They are ignoring current law to push their false agenda.
Can we bring a class action suite against Cease Fire? for giving advice to break the law?
It really is unbelievable. The law is really black and white regarding this matter. And when presented with the law, these municipalities choose to ignore it completely.
Below is part of the meeting minutes transcript when Wilson Borough was considering this ordinance.
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Mr. Minotti had prepared a copy of the draft ordinance regarding lost or stolen handguns. Mr. Lacheman, Pennsylvania Coordinator for Mayors Against Illegal Guns, was present to answer questions about the proposed ordinance. Mrs. Lilly-Kemmerer stated that she had received an email stated that the legislation was illegal. Mr. Lacheman responded that several municipalities had enacted similar ordinances throughout the state. Several of the municipalities had similar demographics to Wilson Borough. The law has been challenged twice and both the laws were upheld. The matter has been appealed to the Pennsylvania Supreme Court. A decision has not yet been made. It is felt that if enough municipalities enact an ordinance regarding lost or stolen handguns, the Commonwealth will follow suit. The only firearms mentioned in the ordinance are handguns. The ordinance warrants reporting of the handguns within 72 hours of discovery. The ordinance is not a total solution, but may help in alleviating straw purchases.
Re: Wilson Borough Approves Lost or Stolen
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He said such action by the municipalities does not conflict with state law that governs the possession of firearms. He said only when the handgun is lost or stolen must the owner report it, which helps police stop illegal firearms trafficking.
Lost and Stolen laws are blatantly and clearly a condition upon the lawful owner of a firearm, and thereby regulate the lawful possession of a firearm by placing a condition upon ownership. It doesn't matter that a stolen gun is acquired in an unlawful transfer because the condition is placed upon THE LAWFUL OWNER!
Quote:
18 Pa.C.S. § 6120
(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.
http://reference.pafoa.org/statutes/...nd-ammunition/
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Councilman James McGowan said, "This could be for the good of the borough. It'll help get guns off the streets."
No, it won't, because it won't matter until the guns are already stolen and on the street. What a crock.
Re: Wilson Borough Approves Lost or Stolen
Here's a link to the Wilson Council's meeting minutes (from post above).
http://www.wilsonborough.org/MtgMinu...ting041210.pdf
I think this statement says it all. They know it is illegal, but that doesn't matter to them.
Quote:
It is felt that if enough municipalities enact an ordinance regarding lost or stolen handguns, the Commonwealth will follow suit.
Re: Wilson Borough Approves Lost or Stolen
From what I understand when they tried this in Philadelphia Lyn Abrahms said it was a misdemeanor crime.
Can we get the people who knowingly make these laws arrested?
If we bring a complaint against them how can they not be arrested, isn't it our choice as citizens to get them arrested?
Re: Wilson Borough Approves Lost or Stolen
A bullet is recovered from a crime scene. It's traced back to your handgun. Good luck convincing an LEO your gun was stolen awhile back and you never reported it.
Re: Wilson Borough Approves Lost or Stolen
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Originally Posted by
DonM55
A bullet is recovered from a crime scene. It's traced back to your handgun. Good luck convincing an LEO your gun was stolen awhile back and you never reported it.
It's easier when, rather than trying to convince the LEO, you focus your attention on convincing the court. That is much, much easier.
Re: Wilson Borough Approves Lost or Stolen
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Originally Posted by
IronSight
It's easier when, rather than trying to convince the LEO, you focus your attention on convincing the court. That is much, much easier.
I'm not agreeing it needs to be a law. If anything else is stolen I wouldn't even consider not reporting it. As far as easier to convince the courts..Do you mean after spending thousands of dollars for an attorney?
Re: Wilson Borough Approves Lost or Stolen
Quote:
Originally Posted by
DonM55
I'm not agreeing it needs to be a law. If anything else is stolen I wouldn't even consider not reporting it. As far as easier to convince the courts..Do you mean after spending thousands of dollars for an attorney?
Well, yeah, justice isn't cheap that's for sure.