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October 25th, 2010, 08:30 AM #1
Bethlehem: Lost Or Stolen Back Again
Looks like it was proposed back in July and referred to the Public Safety Committee.
http://forum.pafoa.org/pennsylvania-...st-stolen.html
http://forum.pafoa.org/news-123/1051...bethlehem.html
CITY OF BETHLEHEM NOTICE
CITY OF BETHLEHEM NOTICE OF JOINT PUBLIC SAFETY COMMITTEE AND FINANCE COMMITTEE MEETING The Public Safety Committee will meet on Wednesday, November 3, 2010 at 6:00 PM in the City of Bethlehems Town Hall, 10 East Church Street, Bethlehem, Pennsylvania 18018 and will review the following proposed Ordinances: Amending Article 725 - Requiring Reporting of Lost or Stolen Firearms; and Replacing Article 735 - Requirements for Emergency Alarm Systems. Proposed Fees in Article 735 will be reviewed jointly with the Finance Committee. This is a Public Meeting. All interested parties are invited to attend and express their views. Cynthia H. Biedenkopf City Clerk #36281 10/23
http://classifieds.mcall.com/classif...announcement-2
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October 25th, 2010, 12:35 PM #2Active Member
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Bethlehem,
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Re: Bethlehem: Lost Or Stolen Back Again
not in town on the 3rd.
will have to email and call the council members.
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October 25th, 2010, 01:51 PM #3
Re: Bethlehem: Lost Or Stolen Back Again
Explain to me something.... doesn't state law trump these local ordinances?
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October 25th, 2010, 02:07 PM #4
Re: Bethlehem: Lost Or Stolen Back Again
Yes, they are illegal.
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://articles.mcall.com/2010-07-07...roup-ordinance
...But if the law passes, Lehigh County District Attorney Jim Martin will instruct city police not to enforce the ordinance in the Lehigh portion of Bethlehem. He believes the state — not a municipality — has the power to regulate guns, said Debbie Garlicki, Martin's spokeswoman.
She said Martin's opinion, which he aired when Allentown passed a similar ordinance two years ago, remains unchanged in light of the recent court ruling. Last month, the state Supreme Court decided against hearing a similar law in Philadelphia, allowing the reporting requirement there to stand.
Martin's counterpart in Northampton County, District Attorney John Morganelli, said he supports the concept of reporting lost or stolen guns within 48 hours, but like cell phone bans, it should be on a statewide level rather than be a patchwork of local ordinances.
"I don't have the resources to defend the constitutionality of every municipality's individual ordinance," Morganelli said, adding that his office would not enforce it....Last edited by zackattack784; October 25th, 2010 at 02:15 PM.
I am not a lawyer and nothing I say should be construed as legal advice.
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October 29th, 2010, 01:27 PM #5Active Member
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Bethlehem,
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Re: Bethlehem: Lost Or Stolen Back Again
Reply from City Clerk - Agenda
CITY OF BETHLEHEM
Inter-Office Memorandum
SUBJECT: Public Safety Committee and Finance Committee Agenda
FROM: Cynthia H. Biedenkopf, City Clerk
TO: Public Safety Committee:
David T. DiGiacinto - Karen D. Dolan – Eric R. Evans
Finance Committee:
J. William Reynolds – David T. DiGiacinto – Eric R. Evans
DATE: October 29, 2010
The Public Safety Committee will meet, jointly with the Finance Committee, on Wednesday, November 3, 2010 at 6:00 PM in Town Hall, prior to the City Council Meeting at 7:00 PM.
The Public Safety Committee will consider the following:
1. Replacing Article 735 - Emergency Alarm Systems and Fees
The Finance Committee will consider the following:
1 A. Replacing Article 735 - Emergency Alarm Systems - Fees
The Public Safety Committee will consider the following:
2. Proposed Lost and Stolen Gun Reporting Ordinance
Cynthia H. Biedenkopf, City Clerk
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November 9th, 2010, 08:50 AM #6Active Member
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Bethlehem,
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Re: Bethlehem: Lost Or Stolen Back Again
Am having a discussion with a Bethlehem Council member on Lost and Stolen. Need some help with succinct points why it shouldn't be considered by council.
1) pre-empted by state law
2) criminalizes a victim of crime
3) both county DA's on public record as saying they will not enforce / prosecute
4) straw purchases already illegal. this is feel good legislation.
5) there have been no prosecutions thus far due to lack of standing.
6) waste of tax payors money litigating the enforceability due to pre-emption
7) if purchase of a firearm was a straw purchase, would the criminal actor then turn themselves in following this ordinance? not likely.
More help with better minds than mine?
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November 9th, 2010, 09:10 AM #7
Re: Bethlehem: Lost Or Stolen Back Again
I don't know if you've seen this before. It's a myth/fact sheet by CeaseFire listing the NRA and PAFOA arguments against Lost & Stolen. A lot of your points are listed as "myths" with their version of "facts" to follow. They really twist and spin the preemption argument and others. I'd take a moment to read it, because this surely is what CeaseFire is telling municipalities.
http://ceasefirepa.org/images/Policy...r%20Stolen.pdf
If I can think of anything else, I will post it immediately. Good job on pursuing this and good luck.Last edited by Devrbd; November 9th, 2010 at 09:13 AM.
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November 9th, 2010, 09:17 AM #8
Re: Bethlehem: Lost Or Stolen Back Again
This is more of a side note but why are they concerned with legislation that is overruled by the state when our unemployment rate is still so high? Wages are low, just so they are informed when these 2 things happen crime goes up. They keep beating this dead horse and not correcting real problems. Lame!
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November 9th, 2010, 09:35 AM #9Active Member
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Bethlehem,
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November 9th, 2010, 10:30 AM #10Active Member
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Bethlehem,
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Re: Bethlehem: Lost Or Stolen Back Again
I know lost and stolen is redundant as straw purchases are already illegal.
In a broader sense, taking firearms out of the equation, is it required by law to report a known crime?
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