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.