Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
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    Default Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?

    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.

    (a. l) No right of action.

    proposed section (a.2) goes here

    (1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.

    (2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.

    (b) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

    "Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.

    "Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles).

    "Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.

    (Chgd. by 1.1999, Act 59(7), eff.12/15/99.)



    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?

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

    HB 1541 Rep Metcalfe providing future limitation of firearms by prohibiting anyone but the state to regulate firearms.
    http://www.legis.state.pa.us/cfdocs/...type=B&bn=1541

    INTRODUCED BY METCALFE, BAKER, BENNINGHOFF, BOYD, BROOKS, BURNS, CAUSER, CLYMER, CREIGHTON, CUTLER, DENLINGER, EVERETT, FAIRCHILD, FLECK, GIBBONS, GOODMAN, GRELL, GROVE, HARRIS, HELM, HESS, HICKERNELL, KAUFFMAN, KOTIK, MENSCH, METZGAR, MILLARD, MOUL, MUSTIO, PYLE, RAPP, READSHAW, ROAE, ROCK, ROHRER, S. H. SMITH, STABACK, STERN, STEVENSON, SWANGER, TURZAI VULAKOVICH, Hutchinson, Casorio, Tallman, Quigley, Bear, M Keller, Reichley, Schroder, Marshall, Saylor, Markosek, Longietti, Kortz, Cox, Solobay, Reese, Phillips, Gabler, Petrarca, Knowles, Major, Mahoney AND White these 11 additional Rep were a direct result of the April 27 Harrisburg lobby & interactive lobbying event. SEIP, OBERLANDER, GRUCELA, KULA, GEORGE, HORNAMAN, HARHART, SONNEY, PERRY KRIEGER, ELLIS and DAY

    MAY 26, 2009

    Section 1. Section 6120 of Title 18 of the Pennsylvania Consolidated Statutes is amended by adding a subsection to read:
    § 6120. Limitation on the regulation of firearms and ammunition.
    * * *
    (a.2) Remedies for unlawful regulation.--Notwithstanding any other provision of law, upon finding that a county, municipality or township in any manner regulated the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components in violation of subsection (a) or 53 Pa.C.S. § 2962(g) (relating to limitation on municipal powers), a court shall direct the county, municipality or township to pay actual damages and reasonable attorney fees and costs to a party who successfully challenges the regulation.
    * * *
    Section 2. This act shall take effect in 60 days.

    Currently (Aug 16, 2010) HB 1541 has 76 sponsors, we need to increase this number to insure passage or at least a consideration of these bill to be added as a amendment. Without this measure being passed into law, expect willful act of preemption to continue state wide.

    If you are for the concept of HB 1541 how about contacting and asking the following Reps than 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 to HB 1541



    Bryan Barbin - bbarbin@pahouse.net - Cambria

    Stephen Barrar - sbarrar@pahousegop.com Delaware


    John C. Bear - Lancaster Signed up as co sponsor on Jan 25, 2010


    Robert E. Belfanti - rbelfant@pahouse.net - Northumberland

    Karen Beyer - kbeyer@pahousegop.com - Lehigh

    Karen Boback - kboback@pahousegop.com - Col/Luz/Wyom

    Joseph F. Brennan - jbrennan@pahouse.net - Northampton

    Mike Carroll - mcarroll@pahouse.net - Luzerne


    James E. Casorio - Westmoreland Signed up as co sponsor on Jan 15, 2010 THANKS to Throw Lead


    Jim Christiana - jchristi@pahousegop.com - Beaver


    Jim Cox - Berks Signed up as co sponsor on Feb 16, 2010


    Peter J. Daley - pdaley@pahouse.net - Washington

    Craig A. Dally - cdally@pahousegop.com - Northampton

    Gary Day - Lehigh Signed up as co sponsor as of Aug 16, 2010


    Daniel Deasy - ddeasy@pahouse.net - Allegheny

    Tony DeLuca - tdeluca@pahouse.net - Allegheny

    Frank Dermody - fdermody@pahouse.net - Allegheny

    H. William DeWeese - wdeweese@pahouse.net - Greene

    Brian L. Ellis - Butler Signed up as co sponsor after April 27, 2010 Rally

    John R. Evans - jevans@pahousegop.com - Erie

    Frank A Farry - Ffarry@pahousegop.com - Bucks


    Matt Gabler - Elk Signed up as co sponsor on March 23, 2010


    Richard A. Geist - rgeist@pahousegop.com - Blair

    Camille "Bud" George - Clearfield Signed up as co sponsor after April 27, 2010 Rally

    Marc J. Gergely - mgergely@pahouse.net - Allegheny

    Mauree A. Gingrich - mgingric@pahousegop.com - Lebanon

    Robert W. Godshall - rgodshal@pahousegop.com - Montgomery

    Richard Grucela - Northampton Signed up as co sponsor after April 27, 2010 Rally

    Gary Haluska - ghaluska@pahouse.net - Cambria

    Michael K. Hanna - mhanna@pahouse.net - Clinton/Centre

    R. Ted Harhai - tharhai@pahouse.net - Fayette/Westmoreland

    Julie Harhart - Lehigh/North Signed up as co sponsor after April 27, 2010 Rally

    Kate Harper - kharper@pahousegop.com - Montgomery

    John Hornaman - Erie Signed up as co sponsor after April 27, 2010 Rally


    Scott E. Hutchinson - Venango Signed up as co sponsor on Jan 11, 2010 THANKS to spooter66

    Mark K. Keller - Perry Signed up as co sponsor on Jan 25, 2010


    David R. Kessler - dkessler@pahouse.net - Berks

    Tom H. Killion - tkillion@pahousegop.com - Delaware


    Jerry Knowles - Schuylkill Signed up as co sponsor on March 23, 2010

    Bill Kortz - - Allegheny Signed up as co sponsor on Feb 16, 2010


    Tim Krieger - Westmoreland Signed up as co sponsor after April 27, 2010 Rally

    Deberah Kula - Fayette Signed up as co sponsor after April 27, 2010 Rally


    Mark Longietti - Mercer Signed up as co sponsor on Feb 16, 2010


    John A. Maher - jmaher@pahousegop.com - Allegheny

    Tim Mahoney - Fayette - Signed up as co sponsor on April 14, 2010


    Sandra Major - Susquehanna Signed up as co sponsor on March 23, 2010

    Joseph F. Markosek - Allegheny Signed up as co sponsor on Feb 10, 2010

    Jim Marshall - Beaver Signed up as co sponsor on Jan 26, 2010


    Robert Matzie - rmatzie@pahouse.net - Beaver

    Nicholas A. Micozzie - nmicozzi@pahousegop.com - Delaware

    Ron Miller - rmiller@pahousegop.com - York

    Kevin Murphy - kmurphy@pahouse.net - Lackawanna

    Donna Oberlander - Clarion/Armstrong Signed up as co sponsor after April 27, 2010 Rally


    John E. Pallone - jpallone@pahouse.net - Westmoreland

    John D. Payne - jpayne@pahousegop.com - Dauphin

    Michael Peifer - mpeifer@pahousegop.com - Wayne

    Scott Perry -Cumberland -York Signed up as co sponsor after April 27, 2010 Rally


    John M. Perzel jmp@pahousegop.com - Philadelphia


    Joseph A. Petrarca - Westmoreland Signed up as co sponsor on March 23, 2010


    Scott A. Petri - spetri@pahousegop.com - Bucks


    Merle H. Phillips - Northumberland Signed up as co sponsor on March 23, 2010


    Tina Pickett - tpickett@pahousegop.com - Bradford


    Thomas J. Quigley Montgomery Signed up as co sponsor on Jan 22, 2010 THANKS to soberbyker


    Dave Reed - dreed@pahousegop.com - Indiana


    Mike Reese - Westmoreland Signed up as co sponsor on March 1, 2010

    Douglas G. Reichley - Lehigh Signed up as co sponsor on Jan 26, 2010


    Chris Sainato - csainato@pahouse.net - Lawrence


    Stanley E. Saylor - York Signed up as co sponsor on Jan 27, 2010


    Mario M. Scavello - mscavell@pahousegop.com - Monroe


    Curt Schroder - Chester Signed up as co sponsor on Jan 26, 2010


    Tim Seip - Schuylkill Signed up as co sponsor after April 27, 2010


    John Siptroth - jsiptrot@pahouse.net - Monroe


    Timothy Solobay - Washington Signed up as co sponsor on March 1, 2010


    Curtis G. Sonney - Erie Signed up as co sponsor after April 27, 2010 Rally


    Will Tallman York Signed up as co sponsor on Jan 22, 2010 THANKS to soberbyker


    Katie True - ktrue@pahousegop.com - Lancaster

    Katharine M. Watson - kwatson@pahousegop.com - Bucks

    Jesse White - - Washington - Signed up as co sponsor on April 19, 2010


    Here was the response to the introduction of this bill by the criminal law breakers in local government at our 4th rallly.
    http://www.post-gazette.com/pg/09112/964526-53.stm

    The 5th annual Second Amendment Liberty in PA is Second to None rally & interactive lobbying event is going to be on Tuesday April 27, 2010 rally kicks off at 10 am PLEASE come and show your support for the cause

    http://forum.pafoa.org/political-138...ml#post1065767
    Last edited by WhiteFeather; August 16th, 2010 at 10:06 AM. Reason: updated sponsor

  2. #2
    Join Date
    Apr 2007
    Location
    south western PA, Pennsylvania
    (Allegheny County)
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    Default Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?

    As a side note there was just a decision in the courts Dec 2009 about local government enacting ordinances in the face of clear legislative language in the law.

    Pick these jewel from inside the state Supreme court decision against Pittsburgh.

    FYI The same Pittsburgh city council that also enacted illegal Lost & Stolen firearms ordinance


    One of the most fundamental principles of statutory interpretation is that
    “each word used by the Legislature has meaning and was used for a reason, not as mere surplusage.” Fisher v. Department of Public Welfare, 509 Pa. 164, 169, 501
    A.2d 617, 619 (1985). Words and phrases must also be construed in accordance with their common and approved usage.

    Pa. Supreme Court backs Pittsburgh custodial ruling

    By The Tribune-Review
    Thursday, December 31, 2009

    The state Supreme Court upheld two lower court rulings that tossed out a
    Pittsburgh ordinance designed to protect custodial workers from sudden layoffs
    when large building operators switch cleaning, maintenance or security
    agencies.

    In a 6-1 decision, the court ruled the ordinance reached "beyond the powers
    granted" to the city as a home rule municipality and was in violation of state law.

    The "Protection of Displaced Contract Workers Ordinance" passed City Council
    and the mayor's office in 2004. A coalition of Downtown building owners and
    managers sued the city in 2005 and both an Allegheny County Common Pleas
    judge and the state Commonwealth Court agreed the city overstepped its
    authority to place rules on businesses.

    The ordinance required custodial companies that get contracts in buildings
    larger than 100,000 square feet to retain employees of the previous company
    for a 180-day transition period.

    If you are interested in stopping this violations of state firearm laws by local government

    PLEASE contact the Reps listed above and ask them to become sponsors to Rep Metcalfe'S HB 1541

  3. #3
    Join Date
    Nov 2006
    Location
    Pennsylvania
    (Lebanon County)
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    Default Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?

    Rep Gingrich's office has been contacted.

  4. #4
    Join Date
    May 2009
    Location
    Cranberry Township, Pennsylvania
    (Butler County)
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    Default Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?

    Thanks for the info, Whitefeather. I'll have to stop by at my representative's office and talk to him about this bill.

    Bills like this make me very happy that I am represented by Daryl Metcalfe.
    Proud friend of the Noble family.

  5. #5
    Join Date
    Mar 2008
    Location
    Lansdowne, Pennsylvania
    (Delaware County)
    Age
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    Default Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?

    I'll work on-
    Nicholas A. Micozzie - nmicozzi@pahousegop.com - Delaware

    as he's my rep.
    Peace, Prosperity, and Liberty

  6. #6
    Join Date
    Jan 2009
    Location
    Grove City, Pennsylvania
    (Mercer County)
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    2,242
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    430782

    Default Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?

    Good to see my rep is already on board. Not surprised, though...he's almost as conservative as Metcalfe.
    Nine out of ten moderators approve of this post!

  7. #7
    Join Date
    May 2007
    Location
    Soon to be: Middle of Nowhere Iowa!
    (Centre County)
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    Default Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?

    [quote][quote=WhiteFeather;1037489]Are YOU Tired Of Municipalities Violating Pennsylvania Firearms Preemption Law?

    In order by County if it helps
    Bold are multiple counties



    Daniel Deasy - ddeasy@pahouse.net - Allegheny
    Tony DeLuca - tdeluca@pahouse.net - Allegheny
    Joseph F. Markosek - jmarkose@pahouse.net - Allegheny
    Frank Dermody - fdermody@pahouse.net – Allegheny
    John A. Maher - jmaher@pahousegop.com - Allegheny
    Bill Kortz - bkortz@pahouse.net - Allegheny
    Marc J. Gergely - mgergely@pahouse.net – Allegheny

    Jim Christiana - jchristi@pahousegop.com – Beaver
    Jim Marshall - Jmarshall@pahousegop.com - Beaver
    Robert Matzie - rmatzie@pahouse.net - Beaver

    Jim Cox - JimCox@RepJimCox.com – Berks
    David R. Kessler - dkessler@pahouse.net - Berks

    Richard A. Geist - rgeist@pahousegop.com - Blair

    Tina Pickett - tpickett@pahousegop.com – Bradford

    Frank A Farry - Ffarry@pahousegop.com - Bucks
    Katharine M. Watson - kwatson@pahousegop.com – Bucks
    Scott A. Petri - spetri@pahousegop.com - Bucks

    Brian L. Ellis - bellis@pahousegop.com - Butler

    Bryan Barbin - bbarbin@pahouse.net – Cambria
    Gary Haluska - ghaluska@pahouse.net – Cambria

    Curt Schroder - cschrode@pahousegop.com - Chester

    Donna Oberlander doberlan@pahousegop.com - Clarion/Armstrong

    Camille "Bud" George - cgeorge@pahouse.net - Clearfield

    Michael K. Hanna - mhanna@pahouse.net - Clinton/Centre

    Karen Boback - kboback@pahousegop.com - Col/Luz/Wyom

    John D. Payne - jpayne@pahousegop.com - Dauphin

    Nicholas A. Micozzie - nmicozzi@pahousegop.com - Delaware
    Stephen Barrar - sbarrar@pahousegop.com Delaware
    Tom H. Killion - tkillion@pahousegop.com – Delaware

    Matt Gabler mgabler@pahousegop.com - Elk

    Curtis G. Sonney - csonney@pahousegop.com - Erie
    John R. Evans - jevans@pahousegop.com – Erie
    John Hornaman jhornama@pahouse.net - Erie


    Deberah Kula - dkula@pahouse.net - Fayette
    Tim Mahoney - tmahoney@pahouse.net - Fayette
    R. Ted Harhai - tharhai@pahouse.net - Fayette/Westmoreland

    H. William DeWeese - wdeweese@pahouse.net - Greene

    Dave Reed - dreed@pahousegop.com - Indiana

    Kevin Murphy - kmurphy@pahouse.net - Lackawanna

    John C. Bear - jbear@pahousegop.com - Lancaster
    Katie True - ktrue@pahousegop.com – Lancaster

    Chris Sainato - csainato@pahouse.net - Lawrence

    Mauree A. Gingrich - mgingric@pahousegop.com - Lebanon

    Douglas G. Reichley - dreichle@pahousegop.com - Lehigh
    Karen Beyer - kbeyer@pahousegop.com - Lehigh
    Gary Day - gday@pahousegop.com – Lehigh
    Julie Harhart - jharhart@pahousegop.com - Lehigh/North

    Mike Carroll - mcarroll@pahouse.net – Luzerne

    Mark Longietti - mlongiet@pahouse.net – Mercer

    Mario M. Scavello - mscavell@pahousegop.com – Monroe
    John Siptroth - jsiptrot@pahouse.net - Monroe


    Kate Harper - kharper@pahousegop.com - Montgomery
    Thomas J. Quigley - tquigley@pahousegop.com - Montgomery
    Robert W. Godshall - rgodshal@pahousegop.com - Montgomery

    Joseph F. Brennan - jbrennan@pahouse.net - Northampton
    Craig A. Dally - cdally@pahousegop.com - Northampton
    Richard Grucela - rgrucela@pahouse.net - Northampton
    Robert E. Belfanti - rbelfant@pahouse.net - Northumberland
    Merle H. Phillips - mphillip@pahousegop.com - Northumberland

    Mark K. Keller - mkeller@pahousegop.com - Perry

    John M. Perzel jmp@pahousegop.com - Philadelphia

    Tim Seip - tseip@pahouse.net - Schuylkill
    Jerry Knowles - jknowles@pahousegop.com - Schuylkill

    Sandra Major - smajor@pahousegop.com - Susquehanna

    Scott E. Hutchinson - shutchin@pahousegop.com - Venango

    Timothy Solobay tsolobay@pahouse.net – Washington
    Peter J. Daley - pdaley@pahouse.net – Washington
    Jesse White - jwhite@pahouse.net - Washington

    Michael Peifer - mpeifer@pahousegop.com - Wayne

    James E. Casorio - jcasorio@pahouse.net – Westmoreland
    Mike Reese - mreese@pahousegop.com – Westmoreland
    John E. Pallone - jpallone@pahouse.net - Westmoreland
    Joseph A. Petrarca - jpetrarc@pahouse.net – Westmoreland
    Tim Krieger - tkrieger@pahousegop.com - Westmoreland

    Will Tallman - wtallman@pahousegop.com - York
    Ron Miller - rmiller@pahousegop.com - York
    Stanley E. Saylor - ssaylor@pahousegop.com - York
    Last edited by danp; April 8th, 2010 at 06:48 PM. Reason: Updated Jim Cox' email address at the request of his staff.

  8. #8
    Join Date
    Feb 2007
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    Apolacon Township, Pennsylvania
    (Susquehanna County)
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    Default Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?

    Here's the base information for the bill. You can read the whole thing at:
    http://www.legis.state.pa.us/cfdocs/...type=B&bn=1541

    But please notice the text I've put in red. The one to really get this going is
    Thomas R. Caltagirone, Chairman of the Judiciary Committee.

    So let's work on him while we're working on our District reps.


    Regular Session 2009-2010
    House Bill 1541

    Short Title: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for limitation on the regulation of firearms and ammunition.
    Prime Sponsor: Representative METCALFE
    Last Action: Referred to JUDICIARY, May 26, 2009 [House]

  9. #9
    Join Date
    Jan 2010
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    West Chester, Pennsylvania
    (Chester County)
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    Default Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?

    Letter Sent to Rep. Schroder of Chester County.

  10. #10
    Join Date
    Feb 2007
    Location
    State College-ish, Pennsylvania
    (Centre County)
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    Default Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?

    ANY lawmaker who pushes a bill or law that knowingly and spitefully flies in the face of an established statute (as in our example of UFA violations) should be removed from office and GO TO JAIL.
    Any LEO who enforces such a law should be removed from office and GO TO JAIL.

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