Lost and stolen editorial on Philly.com

[morebbqplease]

http://www.philly.com/inquirer/opini...#axzz0r2MDWCtS

Editorial: Gun law preserved

With most firearms regulations set by Harrisburg, there had been an element of civil disobedience in the widening movement of Pennsylvania cities and towns that are targeting gun trafficking with local ordinances that require reporting lost or stolen handguns.
Well, not anymore.

The state Supreme Court last week, in effect, approved the legal strategy. By refusing to hear a National Rifle Association challenge of a lower-court ruling, the court upheld Philadelphia's mandate that handgun owners must alert police soon after they discover a weapon missing.

Philadelphia's ordinance - like those approved by Pittsburgh, Erie, Allentown, and two dozen other towns - is aimed at reducing the number of weapons purchased legally, then resold, often to criminals. Armed with these laws, police can go after "straw buyers" who claim that handguns were misplaced or stolen.

Even though the local laws infringe on no one's right to own a legal handgun, they've been challenged in court by the NRA. While the NRA won't give an inch, the courts have been more favorable. For now, gun reporting fortunately remains the law in many of the communities suffering most from illegal handguns.

The real import of the ruling, of course, is that it should keep up the pressure on Harrisburg to pass a statewide gun-reporting requirement that would help protect all Pennsylvanians from the scourge of handgun violence.



Read more: http://www.philly.com/inquirer/opini...#ixzz0r2MlVljb
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[Devrbd]

As I understand the ruling, the editorial is severely twisting the truth at best or blatantly lying at worst.

[falcn]

The supreme court in no way APPROVED the measure - it did NOT RULE on the case.

[YosemiteSam]

This editorial is one load of horse shit! The Pa. Supreme Court upheld the lower courts ruling that the plaintiffs had no standing.

[Karl/PA]

Other than the "chipping away" at rights, what is the big problem with reporting stolen handguns? All C&R holders have this requirement anyway, which includes long guns also. If one of mine were stolen I would certainly report it.

[morebbqplease]

Other than the "chipping away" at rights, what is the big problem with reporting stolen handguns? All C&R holders have this requirement anyway, which includes long guns also. If one of mine were stolen I would certainly report it.

I don't blame you, if I had an item of value, firearm included, stolen from me, I would report it also. The problem I have with this law is twofold.
First, it makes victims into criminals. What if you had a burglary at your home while you were in another city for an extended period taking care of a sick relative? Or just on a 2 month vacation to Alaska? Under these laws, you would be subject to prosecution for not being there to report the theft of your property. This makes the person a victim, and then instantly a criminal.
Second, I have heard the argument that the second the gun is stolen, it becomes an 'illegal' gun, and therefore not subject to UFA preemption. This is a fallacy of non sequitur, as the firearm is still the property of a legal firearm owner, but was converted to the criminal by breaking in or force. The gun is still legal property of the victim, the person stealing the gun enters a state of criminality, not the firearm.

[andrewjs18]

didn't they rule on this a while ago that since there were no fines handed out yet due to lost & stolen, that the NRA didn't have a case?

[Rundownfid]

As a practical matter won't this issue have to be decided once the DA of some county decides to charge a gun owner for not reporting a stolen weapon. At that point there will have to be an actual decision taken.