A gun in every home

[jjeez]

and moving here!!!
http://www.philly.com/mld/inquirer/16172770.htm


CHERRY TREE, Pa. - Cherry Tree is as small-town as it gets, with one blink-and-you'll-miss-it intersection, about 100 families spread across the Susquehanna River valley, and virtually no crime.

"Very, very little, if any," said Lt. Brad Shields, commander of the Pennsylvania State Police barracks in Indiana, which provides protection for the borough near the junction of Indiana, Cambria and Clearfield Counties.

Which is why many folks are mystified about why a councilman wants all homeowners in this peaceful, rural nook of Western Pennsylvania to be armed and ready to defend themselves.

His proposed civil protection ordinance, which urges residents to get a gun and learn how to shoot it, will be discussed tonight at a meeting of the Cherry Tree Town Council. The measure would make firearm instruction available at the Borough Hall.

"I don't remember ever hearing about a burglary or murder," Councilman Drax Felton said.

But to Henry Statkowski, the retired Army master sergeant behind the idea, it's this simple: Homeland security begins at home.

"The homeowner is ultimately responsible for the safeguarding of his family. He ought to have the means and the training," said Statkowski, 59, a New York City native and Vietnam veteran who works as a telephone sales representative.

The proposal has stirred public debate about the ability of Cherry Tree's police force to protect the town with just two part-time officers. And it's likely to split the seven-person council, which is headed by Monica Beltowski, a teacher's assistant who is the police chief's wife.

With so few patrolmen, "you can't depend on them," Statkowski said. (A third officer works full time for the local school district.) And the state police are headquartered 25 miles away, he said.

Neither Beltowski nor her husband, Tony, who works days as a construction supervisor, have commented publicly on the issue. They did not return calls to their home.

"I think she's going to vote against it just to keep peace at home," Councilman Martin Harbough said of the council president.

State troopers have responded to only 35 calls in Cherry Tree this year, ranging from a hit-and-run to thefts, Shields said. He takes umbrage at the notion that troopers are resting in the barracks. They're constantly on the road, he said, ready to assist.

As for drugs, "it's a problem everywhere," he said. "But if you're talking about open-air drug markets, we don't have that in Cherry Tree or the surrounding areas."

Not many residents in the hamlet of 425 people 70 miles northeast of Pittsburgh, can recollect calling the police.

"We don't hardly ever have anything," said Mayor Gerry Loman, who has lived in the former logging region for 50 years. "They might pick somebody up for speeding."

Peggy Huey, who works at the Cherry Tree Cafe, said her house in nearby Uniontown was vandalized in July and a window broken. State police "responded promptly," she said.

At the cafe, Fye's market, the bank, the post office and the doctor's office, which make up Cherry Tree's pocket-size downtown, people are about evenly split over the need to fortify their homes.

"Why would they need guns here?" asked Joseph Keith, who lives down the road in Stiffler. "They'll shoot themselves."

Sara Richards, 81, however, approves of firearms in the house.

"The way this world is, with all the drugs, it's a fine idea," Richards said as she waited with her husband at Cherry Tree Family Medicine.

A medical assistant in the office, who identified herself simply as Karen, said she and her husband had discussed getting a gun but decided against it. "He was afraid I'd shoot him," she said.

Two ladies having lunch at the cafe said they lived alone and owned guns but the weapons weren't loaded.

"I've had people come to my house at 4 in the morning because they broke down or needed to use the phone and I'm startled," Wanda Bistock said.

But Brad Wholaver, 36, dressed in camouflage for a day of deer hunting, called the proposed ordinance "crazy."

"Let's face it, there are some people out there who shouldn't own a gun. You put a gun in their hands and they'll shoot just to shoot," he said.

Statkowski has lived in town for 11 years and says he has never had to call law enforcement. But when he was a volunteer fireman, he remembers going out in the middle of the night and it taking a while for police to show up. And he and others say there are drug problems in the region, if not exactly in Cherry Tree. They worry about crime spilling into their community.

His ordinance, he said, is "a statement to criminals: You do this in rural America, you might not like the consequences."

"That's absurd," Shields said. "It's going to put townspeople, children, everybody, in danger."

Cherry Tree wouldn't be the first small town to suggest its citizens pack weapons. A similar ordinance, passed last month in Greenleaf, Idaho - to the amusement of late-night host Jay Leno and Comedy Central's The Daily Show - is what inspired Statkowski.

Since the Cherry Tree ordinance couldn't be enforced - it is a recommendation with no penalty for noncompliance and exemptions for felons and others ineligible or unwilling to own guns - it seems more about public image than public safety.

"What good is it?" asked Cherry Tree solicitor Gary Tubas, who was asked by council to render a legal opinion on the proposal. "Citizens have a right to own a gun under the Constitution already."

Councilman Felton, who says he agrees with the proposed ordinance in principle but isn't sure how he'll vote, worries that it brings unwanted attention to Cherry Tree.

"It makes us look like a bunch of backwoods, gun-toting bad guys," said the computer programmer, who doesn't own a gun.

"People have more guns than flush toilets" now, joked Councilman Harbough, who says he is neutral on the ordinance.

Statkowski, who won't say whether he keeps a firearm, can't recall the last crime committed in Cherry Tree. But he says a home was ransacked and its residents tied up about 12 miles away last year.

Which, to Statkowski's way of thinking, is why the time to act is now.

"You don't wait until you have a seven-car pileup before you put up a stop sign."

[ChamberedRound]

Hey Jason,

Mr. Statkowski is actually a PAFOA user/member (username 'Statkowski'), and he started a thread about the Civil Protection Ordinance he sponsored. Here's a link to the thread:

http://www.pafoa.org/forum/pennsylva...ighlight=Civil

Enjoy!

CR

[Willtallica]

Only a coward refuses to own a gun, and no one should ever listen to the most pathetic thing on this place: a coward.

[jjeez]

Excellent! i didnt know that thanks!

[whoshisface]

I don't know which version of the bill is being voted on, the original had discharging of firearms prohibited, which I strongly disagreed with.

In my opinion it violates preemption, as well as the laws passed banning guns in local township and municipalities parks.

Even if it is in a good way. The council cannot pass any laws regarding possession of a handgun, pro or con.

I'm all for the idea of this law, however I can't be a hypocrite and support any municipalities law regarding firearm ownership, possession, transfer or transportation.

To see this passed properly would be fantastic, however, passing such a law, in my opinion, would require a vote in the state legislator.

It would be appreciated if the same papers that referenced this website investigated how most municipalities are openly ignoring and violating the State Law of Preemption.

There is a mass violation of § 6120 throughout PA.

The local governments want us to adhere to the laws but they violated it consistently amongst themselves.

§ 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.

The Township of Limerick and Montgomery County, to name a few, have done just that by banning guns in township/county parks in violation of § 6120

Persons outside of this community can contact me for comment, Ted John Noga via e-mail XLtoXL@Hotmail.com

Members please feel free to PM if you have questions/comments concerning this law, violations of preemption in Limerick Township and other municipalities, or other violations of PA state firearm law that you have become aware of.

I would be interested in having the full text of the new bill to be voted on posted here.

[ChamberedRound]

This is great, i supported an amended bill, don't know if he used that or not because the original had discharging of firearms prohibited, which I strongly disagreed with.

In my opinion it violates preemption, as well as the laws passed banning guns in local township and municipalities parks.

Even if it is in a good way. The council cannot pass any laws regarding possession of a handgun, pro or con.

I'm all for this law, however I can't be a hypocrite and support any municipalities law regarding firearm ownership, possession, or transportation.

I would be nice if the same paper that quoted this website looked into how most municipalities are openly ignoring and violating the State Law of Preemption.

They could contact me for comment, Ted John Noga @ XLtoXL@Hotmail.com

Excel, to which part of the UFA are you referring? Is it Title 18, §6120?

[whoshisface]

I just edited my post for clarification on my position regarding preemption and how it applies to this bill.

My apologies for not catching you between cleaning it up and now.

[ChamberedRound]

I just edited my post for clarification on my position regarding preemption and how it applies to this bill.

My apologies for not catching you between cleaning it up and now.

No problem, I just saw your edit. Here's the reason I asked. From your previous post:

Even if it is in a good way. The council cannot pass any laws regarding possession of a handgun, pro or con.

...

§ 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.

The way I'm reading this, the Cherry Tree ordinance should be OK. Part of the text of Mr. Statkowski's ordinance states that:

B. HEADS OF HOUSEHOLDS TO MAINTAIN FIREARMS:

1. In order to provide for and protect the safety, security and general welfare of the borough and its inhabitants, it is recommended that every head of household residing in the borough limits maintain a firearm, together with ammunition therefore, and obtain appropriate training relating to proper, safe and lawful handling of firearms.

The ordinance is not regulating the possession of firearms. They are merely recommending that firearms possession is, in the estimation of the town council, a good idea.

In contrast, I completely agree with the Limerick issue. They are attempting to regulate the possession of firearms in municipal parks by stating they are prohibited.

[whoshisface]

There is an valid argument there and one I did think of.

Does recommending that someone has possession of a firearm have the same weight as recommending that someone does not carry a gun in a township park?

Just thinking in print.

What if the town council wrote a law recommending that no one in the town limits possesses a firearm.

Would that be in violation of PA law?

I'm not sure, on the surface I would say no.

Perhaps my standing here is shaky at best.

I might need to retract my earlier post.

I look forward to hear the opinions of members on the following subject:

"What if the town council wrote a law recommending that no one in the town limits possesses a firearm.

Would that be in violation of PA law?"

We can't have it both ways, would this be a violation or no?

[The Drew]

I think a better Idea would for the city to sponsor quarterly self defense/civil defense training at the local range, where every resident is welcome to come out and even if they don't own a gun, to learn about gun safety and marksmanship. A sort of civil defense workshop.