How To Hold Rep. Ed (PA AWB) Gainey Accountable

[Spirit of 76]

Oath of office taken by Pennsylvania state representatives:
Constitution of the Commonwealth of Pennsylvania
Article VI, Section 3:
Article VI
PUBLIC OFFICERS
Oath of Office
Section 3.
Senators, Representatives and all judicial, State and county officers shall, before entering on the duties of their respective offices, take and subscribe the following oath or affirmation before a person authorized to administer oaths. "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity." The oath or affirmation shall be administered to a member of the Senate or to a member of the House of Representatives in the hall of the House to which he shall have been elected. Any person refusing to take the oath or affirmation shall forfeit his office.

Constitution of the Commonwealth of Pennsylvania
Article 1, Section 21:
Article 1 DECLARATION OF RIGHTS
Right to Bear Arms
Section 21.
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

Constitution of the Commonwealth of Pennsylvania
Article 1, Section 25:
Article I DECLARATION OF RIGHTS
Reservation of Powers in People
Section 25.
To guard against the transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate.



Article I, Section 25, of the Constitution of the Commonwealth of Pennsylvania gets to the very foundation of our form of government; we the people are the repository of powers and rights not delegated.

Inalienable rights do not descend from government and cannot be taken away by government because they predate government; they are inherent rights we possess as free men, not slaves to the state.

Artlcle 1, Section 25, is the exclamation point on the DECLARATION OF RIGHTS -- rights that, under the supreme law of this commonwealth, "shall forever remain inviolate."

Rep. Ed Gainey's introduction of AWB legislation in the PA House will be cause for his removal from office.

My reasoning is as follows:

The Oath of Office prescribed by our constitution is so important that if one fails to take the oath one forfeits his office
.
The Oath of Office is a sworn oath just as one is sworn before one provides testimony in a court of law.

If one violates his oath in a courtroom on a material element without retraction, one is subject to a charge of perjury.

Therefore, upon Rep. Gainey's introduction of legislation for a Pennsylvania AWB (clearly a violation of Article I, Section 21, and Article I, Section 25), a Private Criminal Complaint (see: https://drive.google.com/file/d/0B_q...ew?usp=sharing) should be filed with the Office of the Dauphin County District Attorney (the county wherein lies Harrisburg and the PA State Capitol) with the particulars of Gainey's criminal violation laid out before that office.

The complaint would allege Perjury/Violation of Oath of Office. [18 Pa. C.S.A. § 4902 (relating to perjury); Constitution of the Commonwealth of Pennsylvania Article II, Section 7 (relating to infamous crimes and disqualification from office)]

Upon conviction, Gainey would be ineligible to serve in the General Assembly and incapable of holding any office of trust or profit in this Commonwealth -- a fitting punishment.

See:
Article II THE LEGISLATURE
Ineligibility by Criminal Convictions
Section 7.

"No person hereafter convicted of embezzlement of public moneys, bribery, perjury or other infamous crime, shall be eligible to the General Assembly, or capable of holding any office of trust or profit in this Commonwealth." [Emphasis added.]

A clear message would be sent that attempts to usurp inviolate, inalienable rights will be met with the severest of consequences.

[rwilson452]

OK go ahead and file the complaint with the DA in a county he represents. Good luck.

When you file be sure to send copies to your local rag and TV station.

[Spirit of 76]

OK go ahead and file the complaint with the DA in a county he represents. Good luck.

When you file be sure to send copies to your local rag and TV station.

Forgive me, but I do not understand the gist of your reply. Are you saying to file the complaint in Allegheny County, the county wherein Rep. Ed Gainey's Legislative District lies?

For state representatives, the Oath of Office is taken in the Pennsylvania State Capitol the in the House chamber. (Dauphin County)

Introduction of Rep. Ed Gainey's PA-AWB legislation would happen in the same place. (Dauphin County)

Thus, the violation of his sworn oath would take place inside the Pennsylvania State Capitol. (Dauphin County)

Crimes are prosecuted in the jurisdiction (county) in which they take place.

In the case of Rep. Ed Gainey violating his Oath of Office by introducing a PA-AWB, the county in which the crime would be alleged to have been committed is Dauphin County, Pennsylvania, not Allegheny County, Pennsylvania.

Thank you for your reply.

[Rosco the Iroc]

Forgive me, but I do not understand the gist of your reply..

ok how about this-

[Spirit of 76]

ok how about this-

I fully understand the politics behind the likelihood of a prosecution of Rep. Ed Gainey by Democrat Allegheny County DA Stephen Zappala and the non-coverage of the issue by local, liberal, lamestream media.

Sarcasm sometimes makes great points. This is not one of those times.

My point is that a complaint against Rep. Ed Gainey would take place in the Office of the Dauphin County District Attorney.

See: http://www.dauphincounty.org/governm...s/default.aspx.

The current Dauphin County DA is Ed Marsico, a Republican.

[raxar]

I fully understand the politics behind the likelihood of a prosecution of Rep. Ed Gainey by Democrat Allegheny County DA Stephen Zappala and the non-coverage of the issue by local, liberal, lamestream media.

Sarcasm sometimes makes great points. This is not one of those times.

My point is that a complaint against Rep. Ed Gainey would take place in the Office of the Dauphin County District Attorney.

See: http://www.dauphincounty.org/governm...s/default.aspx.

The current Dauphin County DA is Ed Marsico, a Republican.

If you think that you're going to get any DA to even pretend to entertain the idea of prosecuting a representative for introducing legislation you deserve much more ridicule than sarcasm.

[c45man]

Save your time on the paperwork and administrative runaround. There would be no more chance of a prosecution of gainey than gainey has of passing his idiotic bill.

[Sgt.K]

Save your time on the paperwork and administrative runaround. There would be no more chance of a prosecution of gainey than gainey has of passing his idiotic bill.

While I would not deign to disagree with you, let me ask all y'all this question:

Would having next to no chance stop their side from trying absolutely anything to get their way?

<pausing for everyone to realize it's "NO">

Then why should it stop us?

[Spirit of 76]

If you think that you're going to get any DA to even pretend to entertain the idea of prosecuting a representative for introducing legislation you deserve much more ridicule than sarcasm.

More than you know, I'm fully aware of the politics and the likelihood of a Republican DA prosecuting Rep. Ed Gainey, too.

Thank you for your cogent reply.

[Spirit of 76]

Save your time on the paperwork and administrative runaround. There would be no more chance of a prosecution of gainey than gainey has of passing his idiotic bill.

Would your thoughts be different (especially on the chances of the passage of Rep. Ed Gainey's proposed PA-AWB legislation) if current PA Gov. Tom Wolf had a Democrat majority in both legislative houses?

Private Criminal Complaints (PCCs) must be answered (Approved or Denied) by the DA's office in which they are filed.

As the decisions are appealable to the Court of Common Pleas, the law requires an approval or denial be rendered based on cause.

Goodbye administrative runaround.

The paperwork is minimal; there is no charge to file a PCC.