HB 805 ( Preemption ) Regulation of Firearms & Ammunition - Rep Metcalfe 2013-2014

[WhiteFeather]

HB 805 ( Preemption ) Regulation of Firearms & Ammunition Rep Metcalfe 2013-2014

Rep Metcalfe has once again brought this bill back for another round to get this on governors desk for signature. Reading the MANY post and complaints on PAFOA with preemption violations it easy to find why this upgrade is necessary.

Little back ground info

Last session Feb 6th 2012 this preemption upgrade was amended with teeth and the House Judiciary Committee vote was 19-4 for passage, it died in the house without a full vote because on the numerous (13) anti-gun amendments and many squishy Reps didn’t want recorded vote before primary. This was a bill with over 80 co sponsors!
Another strategic maneuver end around was attempted late in the session with another senate bill. With another easy passage vote in House Judiciary Committee. That effort ended with more anti-gun (over 40 plus) amendments to run the session clock out without a floor debate fight or a vote.

Now its a new session with new battles and new fight for passage

With a challenge for YOU IF you are up for the task, to get on the governor’s desk & signed into law for you added protection from the local electdd law violators.


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.



Read the text of HB 805 Regulation of Firearms & Ammunition HERE

http://www.legis.state.pa.us/cfdocs/...type=B&BN=0805





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?


Rep Metcalfe introduced HB 805 legislation at our request to stop the intentional criminal and civil disobedience on the part of elected officials



If you are for the concept of strengthen Preemption Law how about contacting and asking the following Reps that 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 again.

Here was 2011-2012 session thread on HB 1523 for reference, very long thread how adding gun control amendments stalled and who helped run the session clock out on US.
http://forum.pafoa.org/pennsylvania-...ption-law.html

Here was 2009-2010 session thread on HB 1541 for reference
http://forum.pafoa.org/pennsylvania-...ption-law.html

See next post on who to ask to become a sponsor.

Thanks for all of your support on this project in advance with contacting the Reps



FYI
For easy of finding this letter to the District Attorney's about Municipalities Violating Preemption Law from TOM CORBETT (former) Attorney General on PA take the time to read this post.

http://forum.pafoa.org/1021822-post-74.html

VERY interesting read & statements about Municipalities Violating Preemption Law and Lost / Stolen gun control in general here!
http://forum.pafoa.org/1925876-post-238.html
http://forum.pafoa.org/1925878-post-239.html



Read the text of HB 805 Regulation of Firearms & Ammunition HERE

http://www.legis.state.pa.us/cfdocs/...type=B&BN=0805

[WhiteFeather]

Often on PAFOA many will debate the text in Uniform Firearm Act (UFA), others will find them self using the UFA in court as a defense or in many other cases posted here on PAFOA citing §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.

WE are trying to give you the tools and the text in the UFA to defend your firearm rights.

We need your help!

Can you send some emails, make phone calls and send snail mail letter asking the Reps listed to add their names as a co sponsor to HB 805?

Gratitude in advance for you efforts to support the cause of firearm freedom in PA

WF






Read the text of HB 805 Regulation of Firearms & Ammunition HERE

http://www.legis.state.pa.us/cfdocs/...type=B&BN=0805


Current sponsors to HB 805

METCALFE, PYLE, BAKER, BLOOM, CAUSER, CLYMER, COX, CUTLER, DUNBAR, EMRICK, EVERETT, GABLER, GIBBONS, GILLEN, GODSHALL, GROVE, HAHN, C. HARRIS, HESS, KAUFFMAN, F. KELLER, KNOWLES, KORTZ, KRIEGER, LAWRENCE, MALONEY, METZGAR, MILLARD, MILLER, MILNE, MULLERY, MUSTIO, NEUMAN, OBERLANDER, READSHAW, ROAE, SAYLOR, SIMMONS, STEVENSON, SWANGER, TALLMAN, SACCONE, REESE, CHRISTIANA MAHER Feb 2013 and MARSHALL March 5, 2013

On first list is reps that were one of 81 past co sponsors that are not current co sponsors to HB 805

raument@pahousegop.com; bbarbin@pahouse.net; kbenning@pahousegop.com; mbrooks@pahousegop.com; tcaltagi@pahouse.net; dcosta@pahouse.net; gday@pahousegop.com; gdenling@pahousegop.com; bellis@pahousegop.com; eevankov@pahousegop.com; mfleck@pahousegop.com; ngoodman@pahouse.net; ggrell@pahousegop.com; ghaluska@pahouse.net; tharhai@pahouse.net; jharhart@pahousegop.com; dheffley@pahousegop.com; shelm@pahousegop.com; dhickern@pahousegop.com; mkeller@pahousegop.com; nkotik@pahouse.net; mlongiet@pahouse.net; jmaher@pahousegop.com;dmoul@pahousegop.com; jpetrarc@pahouse.net; klrapp@pahousegop.com; trock@pahousegop.com; csainato@pahouse.net; jstern@pahousegop.com; ttoohil@pahousegop.com; mturzai@pahousegop.com; jwhite@pahouse.net; fburns@pahouse.net; tmahoney@pahouse.net; smajor@pahousegop.com; jmarkose@pahouse.net; shsmith@pahousegop.com; csonney@pahousegop.com;

House Judiciary Committee members that were not sponsors, that voted for passage
boneill@pahousegop.com; tstephen@pahousegop.com; mtoepel@pahousegop.com; dkula@pahouse.net;



Individual names and email of past sponsors ( below)that are included in batch email (above)
If one of these is you Reps make sure you press them for co sponsorship once again


Ryan Aument
Lancaster*
raument@pahousegop.com


Bryan Barbin
Cambria*
bbarbin@pahouse.net
House Judiciary Committee - HIGH VALUE


Kerry A. Benninghoff
Centre*, Mifflin*
kbenning@pahousegop.com


Michele Brooks
Crawford*, Lawrence*, Mercer*
mbrooks@pahousegop.com


Thomas R. Caltagirone
Berks*
tcaltagi@pahouse.net
House Judiciary Committee - HIGH VALUE



Dom Costa
Allegheny*
dcosta@pahouse.net
House Judiciary Committee - HIGH VALUE


Gary Day
Berks*, Lehigh*
gday@pahousegop.com


Gordon Denlinger
Lancaster*
gdenling@pahousegop.com


Brian L. Ellis
Butler*
bellis@pahousegop.com
House Judiciary Committee - HIGH VALUE


Eli Evankovich
Armstrong*, Westmoreland*
eevankov@pahousegop.com


Mike Fleck
Blair*, Huntingdon*, Mifflin*
mfleck@pahousegop.com


Neal P. Goodman
Schuylkill*
ngoodman@pahouse.net


Glen R. Grell
Cumberland*
ggrell@pahousegop.com
House Judiciary Committee - HIGH VALUE


Gary Haluska
Cambria*
ghaluska@pahouse.net


R. Ted Harhai
Fayette*, Westmoreland*
tharhai@pahouse.net


Julie Harhart
Lehigh*, Northampton*
jharhart@pahousegop.com


Doyle Heffley
Carbon
dheffley@pahousegop.com


Susan C. "Sue" Helm
Dauphin*
shelm@pahousegop.com


David S. Hickernell
Daupin*, Lancaster*
dhickern@pahousegop.com

Mark K. Keller
Franklin*, Perry
mkeller@pahousegop.com
House Judiciary Committee - HIGH VALUE


Nick Kotik
Allegheny*
nkotik@pahouse.net


Mark Longietti
Mercer*
mlongiet@pahouse.net



Dan Moul
Adams*, Franklin*
dmoul@pahousegop.com


Joseph A. Petrarca
Armstrong*, Westmoreland*
jpetrarc@pahouse.net


Kathy L. Rapp
Forest, McKean*, Warren
klrapp@pahousegop.com



Todd Rock
Franklin*
trock@pahousegop.com
House Judiciary Committee - HIGH VALUE


Chris Sainato
Beaver*, Lawrence*
csainato@pahouse.net


Jerry A. Stern
Blair*
jstern@pahousegop.com


Tarah Toohil
Luzerne*
ttoohil@pahousegop.com
House Judiciary Committee - HIGH VALUE


Michael Turzai
Allegheny*
mturzai@pahousegop.com
Majority Whip - HIGH VALUE


Jesse White
Allegheny*, Beaver*, Washington*
jwhite@pahouse.net
House Judiciary Committee - HIGH VALUE


Frank Burns
Cambria*, Somerset*
fburns@pahouse.net


Tim
Mahoney Fayette*
tmahoney@pahouse.net


Sandra Major
Susquehanna*, Wayne*, Wyoming*
smajor@pahousegop.com
majority leadership - HIGH VALUE


Joseph F. Markosek
Allegheny*, Westmoreland*
jmarkose@pahouse.net
minority leadership - HIGH VALUE


Samuel H. Smith
Armstrong*, Indiana*, Jefferson
shsmith@pahousegop.com
Speaker of the house - HIGHest VALUE

Curtis G. Sonney
Erie*
csonney@pahousegop.com


House Judiciary Committee members that were not sponsors, that voted for passage

Bernard T. O'Neill
Bucks*
boneill@pahousegop.com
House Judiciary Committee - HIGH VALUE


Todd Stephens
Montgomery*
tstephen@pahousegop.com
House Judiciary Committee - HIGH VALUE


Marcy Toepel
Montgomery
mtoepel@pahousegop.com
House Judiciary Committee - HIGH VALUE


Deberah Kula
Fayette*
dkula@pahouse.net
House Judiciary Committee - HIGH VALUE






IF you are FOR the concept of HB 805 please contact Rep Marsico office and ask to run House Bill 805

rmarsico@pahousegop.com
HBG phone (717) 783-2014
-
More sponsorship = greater chance for passage

HB 805 and many other pro gun bills will be part of The 8th annual Second Amendment Action Day & interactive lobbying event Tuesday April 23, 2013
http://forum.pafoa.org/pennsylvania-...ing-event.html (2013 2nd Amendment Action Day & lobbying event)


IF you wish to Thank Rep. Metcalfe for being the tip of the spear in the fight to Keep the Right to Bear Arms in PA
dmetcalf@pahousegop.com

[WhiteFeather]

Rep Metcalfe's

MEMORANDUM
Posted: December 10, 2012 10:36 AM

From: Representative Daryl Metcalfe

To: All House members

Subject: Regulation of Firearms and Ammunition

Commonwealth law already provides, in most circumstances, for preemption of local firearm laws. Section 6120 of the Crimes Code specifically prohibits local regulation of the ownership, possession, transfer or transportation of firearms, ammunition or ammunition components in conflict with statewide law. This section implements the statewide constitutional right recognized by Article I, Section 21 of the Pennsylvania Constitution, which reads as follows:

“The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.”

Despite these clear constitutional and statutory limitations, some of our local officials have gone out of their way to enact piecemeal local restrictions regarding the ownership and possession of firearms. The end result is that citizens are forced to incur significant expenses to hire attorneys to challenge these illegal and unconstitutional ordinances.

In the near future, I plan to re-introduce legislation to clarify that any party who successfully challenges one of these illegal local firearm ordinances will be entitled to reimbursement from the offending jurisdiction for:


actual damages,
reasonable attorney fees, and
costs.

read text of HB 805 to correct the problem
http://www.legis.state.pa.us/cfdocs/...&type=B&bn=805

[WhiteFeather]

State Rep Todd Stephens March 13, 2012 article in the PhillyBurbs.com

Bill targets municipalities that violate state law
After reading your March 8 editorial concerning HB 1523, I’d like to set the record straight and provide additional information for your readers. To dispel any concerns of bias, I am neither an NRA member, nor have I received any campaign contributions from the NRA.

By way of background, I was a prosecutor for 10 years prior to joining the Pennsylvania House of Representatives in 2010. I secured over 1,500 convictions (18 homicides) with a 99 percent conviction rate over the course of my career. Most importantly, for three years, I was the captain of the Firearms Unit in the Montgomery County District Attorney’s Office and was assigned to the Firearms Unit of the U.S. Attorney’s Office. I’ve prosecuted straw purchasers, murderers who used guns, drug dealers who used guns and defendants who committed assaults with guns. I’ve spent time with grieving widows, family members and children of those who were victims of gun violence. I’ve consistently fought for victims of crime and consistently stood up to those who violate our laws as both a prosecutor and a legislator.

HB 1523 simply holds those who violate state law accountable for their actions, a goal I always sought as a prosecutor. The bill only applies to those municipalities that a judge says violated state law by illegally adopting gun control ordinances. The overwhelming majority of municipalities, including all of the municipalities in my district, follow the law and have not enacted illegal gun ordinances. As such, none of these municipalities would be affected by HB 1523.

HB1523 does not “prevent” local municipalities from enacting local gun control ordinances. It is well-established Pennsylvania law that local municipalities may not enact their own gun control measures. According to our Supreme Court, “Because the ownership of firearms is constitutionally protected, its regulation is a matter of statewide concern.” Whether Pennsylvania should prohibit municipalities from enacting their own gun control ordinances, or whether Pennsylvania should implement a “lost and stolen” reporting law, is certainly a discussion and debate worth having. But they are separate and distinct from HB 1523. Again, HB 1523 only establishes penalties for those municipalities that a judge determines have violated state law.

While HB 1523 does not prohibit them, your editorial goes on to discuss lost and stolen handgun ordinances, so I will address them. To be clear, I believe anyone losing a gun should report it lost or stolen. The issue is whether local ordinances actually compel people using guns illegally to file such a report. As your editorial explained, “The best way to judge the effectiveness of any rule or law is to look at the impact.” Your readers may be interested to know the City of Philadelphia has had a lost or stolen gun reporting ordinance since 2008 but has never once enforced it. As a matter of fact, despite 3½ years with the ordinance, Philadelphia still recorded the highest per-capita murder rate in the U.S. in 2011.

Additionally, a Philadelphia newspaper researched similar ordinances in New York, Ohio, Massachusetts and New Jersey and could only find two cases where an individual was prosecuted for violating the ordinance — both in Cleveland over 10 years ago. In fact, according to Daniel Webster, co-director of the Johns Hopkins Center for Gun Policy and Research, there are no academic or law enforcement studies that demonstrate the impact of lost or stolen gun laws on straw purchases. This all stands to reason: A $300 fine for violating a local ordinance is not going to deter someone who is already willing to commit the felony of illegally transferring a gun to someone. While willing to consider additional facts, thus far, I haven’t seen any evidence to suggest the lost and stolen ordinance in Philadelphia has been effective at reducing gun violence.

If we want to get serious about combating gun violence, we need to get serious with the sentences for those committing violent crimes with illegal guns. A long stint behind bars is a far greater deterrent than a $300 fine. As a Montgomery County prosecutor, I was assigned to the U.S. Attorney’s Office because Pennsylvania’s penalties are so weak. I have pending legislation that addresses this by ensuring violent gun criminals receive the severe penalties they deserve. The handful of local ordinances in Pennsylvania that HB 1523 addresses have no teeth and no demonstrable impact on gun violence.

Rather than “feel-good” ordinances with no proven results, we need to heed Philadelphia Police Commissioner Ramsey’s warning: “We’ve got a lot of very violent people out there on the streets that need to be taken off the streets, or they will kill again.”

http://www.legis.state.pa.us/cfdocs/...type=B&BN=1523

[The Unknown 1087]

Would this change anyone? That bitch of AG said she would back up townships and cities.

[WhiteFeather]

Would this change anyone? That bitch of AG said she would back up townships and cities.

anyone?
anything ..... absolutely Yes, HB 805 will level the court battle field to get compliance against local illegal ordinances to obey the law, which is the goal of HB 805 as outlined in past threads.

Several of the organizations over the years have spent much coin taking the lawbreaker in government to court over many years and while everyone talks a good game almost no one supports these groups efforts, even when they win, the treasure is not replace for legal court battles, and they can’t afford to fight on without at least a chance to break even.

HB 805 will be a real event changer, the other side knows this. Or they go to zero creditability if they don't, maybe face their own lawsuits for communities that were arrogant to violate the law.

As these anti-gun groups have pledge to fight legal challenges when they have lobbied for the illegal passage of local ordinances of mandatory Lost or stolen reporting and other gun control attempts all around PA.

They are terrified of what this could mean to their illegal local attempts to enact gun control, in the false attempt to force the state legislator to act.

As mention in Rep Todd Stephens letter already posted.

They now will forced to foot the bills in legal challenges, they will throw everything they can to stop passage of this bills as it could break their financial bank accounts to pay for court challenges



The attorney general office is supposed to be the commonwealth attorney, not defend the local elected officials that are breaking the laws of the commonwealth.

This letter in OP was the putting all 67 counties DA’s on official notice as such that local ordinances that violate §6120. Are illegal.


Did you read this letter?

FYI
For easy of finding this letter to the District Attorney's about Municipalities Violating Preemption Law from TOM CORBETT (former) Attorney General on PA take the time to read this post.

http://forum.pafoa.org/1021822-post-74.html

REQUESTING Everyone keep this threads FOCUS to passage of HB 805

WHAT the attorney general office does or doesn't has nothing to do with thread or HB 805, please take the discussion of the current attorney general office ABUSE of powers to another thread.

See HB 1668 past thread for possible solution or send a PM if you got a question not related to HB 805 passage

[ChamberedRound]

FYI, the text of the bill doesn't appear to be available (yet).

I'm behind this bill, although IMHO it still needs more teeth. I'd personally like to see this bill outline criminal as well as civil charges against those who violate preemption. The bill doesn't even have to define a new crime, merely state that:

Heretofore, any elected officials of the either Legislative or Executive branches of a county/city/township/municipality that:

- Attempt to adopt a rule or ordinance in violation of Title 18, PA Crimes Code, §6120 (Limitation on the Regulation of Firearms and Ammunition)
- DO NOT remove or repeal any existing rules or ordinances in violation of Title 18, PA Crimes Code, §6120 (Limitation on the Regulation of Firearms and Ammunition) within one year of the adoption of this law

will be considered in violation of Title 18 PA Crimes Code §5301 (Official Oppression).

Upon becoming law, the Assembly shall instruct the Attorney General to notify all affected county/city/township/municipal officials.

Making them answer civilly isn't a big deal, because it's very likely the county/city/town liability insurance policy will cover their defense and any damages. Make then answer CRIMINALLY, and they might listen.

[pyld]

FYI, the text of the bill doesn't appear to be available (yet).

I'm behind this bill, although IMHO it still needs more teeth. I'd personally like to see this bill outline criminal as well as civil charges against those who violate preemption.

...

Making them answer civilly isn't a big deal, because it's very likely the county/city/town liability insurance policy will cover their defense and any damages. Make then answer CRIMINALLY, and they might listen.

Every court in the US (and certainly the PA Supreme Court and the US Supreme Court) is going to find that you can't hold someone criminally liable for what's essentially a "political question." And this is a political question.

And you don't want to start criminalizing local government behavior. Because while you may believe (as I do) that holding local officials legally liable in the case of gun rights violations, you may not like what your opposition does in this vein if they retake the state legislature. It's a very slippery slope that's best left alone.

[WhiteFeather]

Every court in the US (and certainly the PA Supreme Court and the US Supreme Court) is going to find that you can't hold someone criminally liable for what's essentially a "political question." And this is a political question.

And you don't want to start criminalizing local government behavior. Because while you may believe (as I do) that holding local officials legally liable in the case of gun rights violations, you may not like what your opposition does in this vein if they retake the state legislature. It's a very slippery slope that's best left alone.

pyld this is an excellent insight and observation with the political reality we have to deal with in the past and in the future.


who wouldn’t like to see criminal charges to those that really deserve them, including the solicitors that don’t do their jobs and warn council, when they try to enact illegal ordinances that are in clear violations of preemptions law, after its been settled in the courts.


To be fair, some of these illegal local ordinances go back before the state legislators and court case decided the matter.

Everyone that was in office back then is probably long gone, so for criminal charges you would need a statue of limitations to also be added.

Nothing say After HB 805 is passed that an upgrade to the law might not be required, if select communities that start with the letter “P” that know exactly what they are doing is illegal, keep on defying the rule of law.




update as on March 5, 2013

we now have 46 co sponsors to HB 805

METCALFE, PYLE, BAKER, BLOOM, CAUSER, CLYMER, COX, CUTLER, DUNBAR, EMRICK, EVERETT, GABLER, GIBBONS, GILLEN, GODSHALL, GROVE, HAHN, C. HARRIS, HESS, KAUFFMAN, F. KELLER, KNOWLES, KORTZ, KRIEGER, LAWRENCE, MALONEY, METZGAR, MILLARD, MILLER, MILNE, MULLERY, MUSTIO, NEUMAN, OBERLANDER, READSHAW, ROAE, SAYLOR, SIMMONS, STEVENSON, SWANGER, TALLMAN, SACCONE, REESE, CHRISTIANA, MAHER and MARSHALL

which is still a lot less than we had last session, when this bill actually got a Judiciary committee vote and realistically.

IF we can do our part to get the former co sponsors to re sign on plus a few more Reps we should be able to get to sooner rather than later pass out of the house Judiciary committee as it’s the same text and its already been vented by them and modified into its current form.

IF you are for the concept in HB 805 please contact the Reps list in OP

[ALS]

Throw in a $100,000 fine and mandatory triple damages for any legal cost of the victim. I can guarantee you that every insurance company that covers municipalities will mandate that they will not cover any Peemption violations.