Another Preemption Lawbreaker, York City to introduce "Lost & Stolen" on Tues, 11-18

[tes151]

http://yorkdispatch.inyork.com/yd/local/ci_10973766


York to debate gun law
PETER MERGENTHALER The York Dispatch
Article Last Updated: 11/13/2008 10:50:22 AM EST

and CHRISTINA KAUFFMAN
The York City Council will introduce an ordinance Tuesday that would require gun owners to notify police within 72 hours of discovering their firearms are missing, Mayor John Brenner said.

The legislation, which is similar to laws proposed or passed in several Pennsylvania cities, is aimed at reducing "straw purchases," in which somebody with a clean record buys a gun for a person who would not pass a background check.

Too many illegally acquired guns are being used to commit crimes in the city and in Pennsylvania, Brenner said.

"Who in the heck doesn't think that reporting a lost or stolen gun isn't a good idea?" he asked.

Elsewhere: The concept has been in talks for months among Pennsylvania mayors, who have proposed variations of the
ordinance in Lancaster, Reading, Pittsburgh, Allentown and other cities around the state.

In Schuylkill County, the Pottsville City Council this week passed a variation of the law that would require gun owners to report missing firearms within 24 hours.

Philadelphia enforces a similar law, but it's facing a challenge in court from the NRA, which argues Philadelphia has no right to legislate gun issues -- a position supported by the Pennsylvania Supreme Court, which has ruled that only the state can enact gun laws.

Gov. Ed Rendell, who favors notification regulations, told the Allentown Morning Call last month that the municipal efforts will probably fail.

"'I empathize
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with (the) mayors, but current legislation clearly preempts them from doing something on their own," he said.

'Common sense': York City Police Commissioner Mark Whitman said the measure being considered isn't about the Second Amendment or restricting gun owners; it's about "common sense" and safety.

People should report a gun missing as soon as they realize it's missing, he said.

"When you wake up you find your car missing, do you wait to report it?" he said.

The sooner a missing gun is reported, the better the chances that police will recover it, "...unless of course you don't want us to recover it, for some reason," Whitman said.

He said it's a shame that municipalities are having to pass such laws, as a state law "would have more teeth."

Rep. Eugene DePasquale, D-York City, said he's in favor of state legislation to require reporting of lost or stolen guns. Earlier this year, he voted in favor of a Republican-defeated bill that addressed reporting, he said.

"It went down pretty significantly," he said. "But I believe if someone's gun is lost or stolen, they should report it."

Groundswell effect: But Brenner is hoping a groundswell of local support will eventually persuade the Legislature to make the ordinances state law.

"If all of our cities and even some of our small towns adopt this, the legislature will say, 'You know what? This is common sense.'"

The proposed York ordinance widens the notification window from 24 to 72 hours. It includes a fine of up to $1,000, jail time of up to 90 days, or both.

The punishment kicks in only if the stolen gun is used to commit a crime.

Brenner said the ordinance will help reduce violent crime while protecting the rights of York City gun owners.

"As a kid from Mount Wolf who learned how to fire a .22 in the Boy Scouts ... I wouldn't propose anything that's going to remove any rights (protected) under the Constitution," he said.

Councilman's view: Councilman Cameron Texter, who chairs the council's police committee, said he's happy to have a discussion of the ordinance, but he doesn't know whether he'll vote for it.

He said he's concerned mostly about the costs the city could face if state courts challenge the ordinance. When even the governor believes the local ordinances would fail, "that's something you have to consider," he said.

He also said he has doubts about whether the ordinance could be adequately enforced.

"It's worthy to hold somebody accountable ... but is it really going to accomplish what (proponents of the legislation) want to do?"

The council is set to introduce the legislation at its regular meeting Tuesday at council chambers, One MarketWay West.

-- Reach Peter Mergenthaler at 505-5439 or pmergenthaler@yorkdispatch.com.

[Mosinshooter762]

http://yorkdispatch.inyork.com/yd/local/ci_10973766



'Common sense': York City Police Commissioner Mark Whitman said the measure being considered isn't about the Second Amendment or restricting gun owners; it's about "common sense" and safety.

People should report a gun missing as soon as they realize it's missing, he said.

"When you wake up you find your car missing, do you wait to report it?" he said.

The sooner a missing gun is reported, the better the chances that police will recover it, "...unless of course you don't want us to recover it, for some reason," Whitman said.

He said it's a shame that municipalities are having to pass such laws, as a state law "would have more teeth."

Thats a nice comparison at first glance. There is a big problem with the comparison though. Are you going to throw someone in jail and/or fine them if they don't report the car stolen within 24-72 hours?

That I know of it is not a crime to not report a car stolen. It seems it is not such a good comparison after all.

I mean someone might kill someone with a car, that supposedly is barred from driving. How about mandatory reporting of stolen axes? They are dangerous.

[moose]

This just pisses me off and I'm not even a PA resident..... you know the proposed laws are bad if the NJ citizens get angry about them......

[Tun Tavern 1775]

"When you wake up you find your car missing, do you wait to report it?" he said.

They want to compare guns to cars here, but when we say that cars kill people and they aren't banning or restricting them they don't want to hear it.

[Pa. Patriot]

ALL gun control is labled as "common sense" and "safety".

We need people to show up to oppose this in York... How about it York people? City Hall needs to hear from you.

[rotten97]

That is ridiculous , what happens if you away on vaction for 2 weeks some one robs you and goes on shooting spree ? I'm getting sick and tired of big brother regulating everything .

[Siobhra]

We are having to fight this too much. We need to put pressure on the State to put teeth into the State Preemption Laws. Instead of us spending time and energy in one local fight after another we need to push the State to jump down on these local officials.

[clarion44]

We are having to fight this too much. We need to put pressure on the State to put teeth into the State Preemption Laws. Instead of us spending time and energy in one local fight after another we need to push the State to jump down on these local officials.

I agree. Think I'll be writing some letters.

I think it's stupid because say for instance, theres a guy who doesn't shoot all the time, as many of us do, and a family member steals his rifle. Come hunting season, he finds its missing. Are they going to fine him??

[schmol]

Come on guys, it's "common Sense" and think of all of the children you'll be saving from gun violence

[shefearsnothing]

rotten97, didn't you get the memo? If you didn't have any guns in the first place then all the criminal who robbed you would get would be your other valuables in the house. Oh yeah, and the nice pampered chef or whatever other knives from your kitchen that he'd be able to use when he wanted to stab the next person who was home when he went to rob them...you know, since he didn't get a gun at your place. So the SOLUTION is that you aren't supposed to HAVE any guns. (This is what the sheeple would have you believe anyway).