Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?

[WhiteFeather]

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