Write Those Letters, Dag Nab It

[Statkowski]

Are you tired of municipalities regulating that which they're prohibited from regulating? Are you tired of Philadelphia spitting in the faces of law-abiding firearms owners? If so, write to your elected representatives in Harrisburg. One letter may or may not accomplish anything, but if enough of us write, something just may occur.

Here's my contribution for tonight:

Honorable Samuel H. Smith
P.O. Box 202066
Harrisburg, PA 17120-2066


Re: Philadelphia






Dear Representative Smith:


First off, congratulations on both your reelection and promotion. I'm sure you'll continue performing in a professional manner in both positions.


Secondly, the reason for this letter is the wonderful City of Philadelphia. It may be titled the City of Brotherly Love, but based on recent actions it is certainly not the City of Respecting Human Rights, especially if such fundamental rights concern lawfully-carried firearms. You and your brethren in the State Legislature need to do something about Philadelphia.


Attached are two documents, the first is a directive sent to all police department commanding officers and department heads, and the second is a published proposed ordinance.


Concerning the first document, as you well know, the lawful open carry of firearms is legal throughout the Commonwealth - so says the Pennsylvania Supreme Court. However, although one need not possess a License to Carry Firearms (LTCF) in order to open carry almost anywhere in the Commonwealth, in Philadelphia one must possess an LTCF. This limitation needs to go. First, it's unconstitutional based on recent U.S. Supreme Court rulings, and second, Philadelphia uses it as an excuse to assume one is carrying illegally until they prove otherwise. We know that Philadelphia feels the 2nd Amendment doesn't apply to them, and now we have official notice from them that the 4th Amendment doesn't apply, either.


The first document states in part: “SINCE A SEPARATE LICENSE IS REQUIRED IN PHILADELPHIA AND IT IS IMPOSSIBLE FOR ANY OFFICER TO KNOW WHO DOES AND DOES NOT HAVE A VALID CONCEALED CARRY LICENSE, IT IS ENTIRELY REASONALBE FOR OFFICERS TO TEMPORARILY DETAIN AND INVESTIGATE ANY INDIVIDUAL CARRYING A FIREARM EXPOSED TO DETERMINE IF THE PERSON IS OPERATING WITH THE LAW.”


Disregarding the multiple grammatical errors contained therein, and based on the logic used, apparently Philadelphia feels it would be perfectly legal to stop anyone driving a car just to check if they had a license to do so. A driver's license is required to operate a motor vehicle on a public roadway, and it's impossible for a police officer to know who does and does not have a valid driver's license. Of course, both you and I know the U.S. Supreme Court has ruled otherwise on such (4th Amendment violation). The U.S. Supreme Court has also ruled there is no firearms exception to the 4th Amendment. So, absent any knowledge of a crime afoot, Philadelphia has directed its police officers to stop citizens while lawfully exercising their rights, detain them and seize their property until they can prove they're not doing anything illegal.


The second document is a proposed ordinance announcing that Philadelphia will not recognize out-of-state firearms licenses and permits recognized by the Attorney General. What part of 18 Pa. C.S. §6120(a) does Philadelphia not understand? They are prohibited by state law from regulating in any manner the carrying of firearms (which would include recognized licenses authorizing such), yet they insist on doing so. We know they're doing this because people, tired of trying to fight Philadelphia's illegal denials of LTCFs, get recognized out-of-state licenses and carry firearms thusly. Based on this proposed ordinance, such people would be subject to arrest and seizure of their property for doing something that is authorized by state law, and would have to fight it out in court (a biased court, if I may add). Since current law does not authorize payment of attorney fees for fighting municipalities violating state law, it falls on the citizens to pay to defend their lawful conduct. This is not right. Philadelphia violates state law, and the citizen ends up being penalized. Huh?


I don't know what you, Sam Smith, can do as either a State Representative or as Speaker of the House, but something has to be done. We are a nation of laws. Municipalities, just as residents, must comply with existing laws. Philadelphia must comply with the Uniform Firearms Act – AS IT IS WRITTEN! They must end their unlawful hurdles added to their LTCF applications, they must cease attempting to regulate that which they are prohibited from regulating, and they must respect the rights of the citizens.


“Your papers, please!” Only in Philadelphia.


Respectfully yours,

[headcase]

Well done sir.

[PA Traveler]

Nice job! 10 Char