Pennsylvania Firearm Owners Association
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  1. #1
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    Default Send a message to our legislators: stop Philadelphia from violating our rights

    Dear Legislator,

    Today, May 21st, Foxnews published a story on its website about a law abiding gun owner who had his rights violated by Philadelphia Police. One might assume that after all the negative attention this story has brought upon the Philadelphia Police Department and the possibility of pending litigation they might try and diffuse the situation by showing law abiding gun owners they have some remorse.

    In all of their wisdom, Philadelphia's finest have made it clear that they are not only unapologetic for the actions of their officers, but they are doubling down on their policy to harass and violate the rights of the people of this state.

    The Foxnews article states the following:

    “...local authorities are warning gun owners that they will be "inconvenienced" if they carry unconcealed handguns in the city.”

    Reading that statement I must ask myself where such a thought may arise. In Pennsylvania our state Constitution clearly says that “The right of the citizen to bear arms...shall not be questioned.”

    Philadelphia justifies its actions in mistreating law abiding gun owners by utilizing Title 18 Section 6108 of our state law which grants status to Philadelphia as a “city of the first class”. This requires that a person in Philadelphia must obtain a license to carry in order to carry openly, whereas in the rest of the state carrying a firearm openly while on foot does not require a licensee.

    In spite of this statute being a questionable violation of equal protection, it still does not justify the type of invasive police activity being supported by the Philadelphia Police Department. Carrying a firearm in Pennsylvania is not reasonable suspicion of criminal activity.(see Hawkins v Commonwealth)

    We live in a state with a lot of history and Philadelphia is rich with that heritage. I find it disturbing as an American citizen that in the very birthplace of our Constitution and our Bill of Rights that citizens are subject to such abuse by their public officials.

    As a citizen of this state I beg of our elected members that they move to protect their people from the potential hazard of being drawn down upon and shot by an officer of the law for simply exercising a basic civil liberty.

    There is no set of special circumstances that grants any city the right to suspend civil rights and flagrantly question a right that by law “shall not be questioned”.

    Sincerely,

    Timothy L. Havener
    Last edited by t1m0thy; May 21st, 2011 at 07:22 PM.

  2. #2
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    Default Re: Send a message to our legislators: stop Philadelphia from violating our rights

    Quote Originally Posted by t1m0thy View Post
    Dear Legislator,

    Today, May 21st, Foxnews published a story on its website about a law abiding gun owner who had his rights violated by Philadelphia Police. One might assume that after all the negative attention this story has brought upon the Philadelphia Police Department and the possibility of pending litigation they might try and diffuse the situation by showing law abiding gun owners they have some remorse.

    In all of their wisdom, Philadelphia's finest have made it clear that they are not only are unapologetic for the actions of their officers, but they are doubling down on their policy to harass and violate the rights of the people of this state.

    The Foxnews article states the following:

    “...local authorities are warning gun owners that they will be "inconvenienced" if they carry unconcealed handguns in the city.”

    Reading that statement I must ask myself where such a thought may arise. In Pennsylvania our state Constitution clearly says that “The right of the citizen to bear arms...shall not be questioned.”

    Philadelphia justifies its actions in mistreating law abiding gun owners by utilizing Title 18 Section 6108 of our state law which grants status to Philadelphia as a “city of the first class”. This requires that a person in Philadelphia must obtain a license to carry in order to carry openly, whereas in the rest of the state carrying a firearm openly while on foot does not require a licensee.

    In spite of this statute being a questionable violation of equal protection, it still does not justify the type of invasive police activity being supported by the Philadelphia Police Department. Carrying a firearm in Pennsylvania is not reasonable suspicion of criminal activity.(see Hawkins v Commonwealth)

    We live in a state with a lot of history and Philadelphia is rich with that heritage. I find it disturbing as an American citizen that in the very birthplace of our Constitution and our Bill of Rights that citizens are subject to such abuse by their public officials.

    As a citizen of this state I beg of our elected members that they move to protect their people from the potential hazard of being drawn down upon and shot by an officer of the law for simply exercising a basic civil liberty.

    There is no set of special circumstances that grants any city the right to suspend civil rights and flagrantly question a right that by law that “shall not be questioned”.

    Sincerely,

    Timothy L. Havener
    The only thing I would suggest is writing out the full text what the Pa constitution says:

    Right to Bear Arms Section 21.
    The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
    http://www.dced.state.pa.us/public/oor/constitution.pdf


    .

  3. #3
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    Default Re: Send a message to our legislators: stop Philadelphia from violating our rights

    Might I also add in a reference to these two stories:

    http://articles.philly.com/2011-04-2...-permits-boyer

    Last week, the Marine received an apology from Lt. Lisa King, who heads the Gun Permits Unit.

    The unit, she said, is working to "prevent similar problems" in the future.
    http://www.philadelphiaweekly.com/ne...nts=1&showAll=

    Ted Noga, the Pennsylvania Firearm Owners Association member who organized the rally, was also pleased that everything went off without a hitch that rainy Saturday. “I’m quite impressed with the response by the police department,” he said.
    Lt. Lisa King, head of the department’s Gun Permits Unit, said her division is now working to amend language on a supplemental sheet accompanying the firearms license application that says a licensee must conceal. The wording on is old, she concedes. King, who attended the rally, says didn’t even know the practice was legal before it was brought to her attention.


    Read more: http://www.philadelphiaweekly.com/ne...#ixzz1N26ASsYK
    Maybe if the head of the Gun Permit Unit spent less time lobbying for new laws, and more time ensuring they followed the laws on the books, things would improve.

    Now I will give Lt. Lisa King a lot of credit for addressing these two issues, but the Philadelphia Gun Permit Unit could use to have some foresight and less hindsight in reviewing its practices.

  4. #4
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    Default Re: Send a message to our legislators: stop Philadelphia from violating our rights

    The permit issue is related but a little off topic. I want to address the direct threat of people lawfully carrying a firearm facing violent force by police.

  5. #5
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    Default Re: Send a message to our legislators: stop Philadelphia from violating our rights

    Good letter!! Monday AM I am going to start trying to get appts to see my State Senator and Representative. I have 5 separate articles from Philly.com and foxnews about this to give them. I want to put a bug in their ear about taking away the Philly specific "carry a LTCF in order to OC there" provision before someone gets shot for a legal activity. If every PA legislator got at least one contact with this idea it might get some traction. What is the logic of Philly cops going postal if they see OC on one side of a border street (Cheltenham Ave, City Line Ave etc.) and just waving if the OCer is on the other, suburban, side of the street? (There's the germ of an idea there folks.) We should all at least write to both legislators. Costs $.42@ for the stamp. That is a good investment! Find the articles, print them, add the letter, sign it and send the two packages on their way. We can't all march in Philly but most if not all of us can do this. We have made an impression and need to strike while the iron is hot.

  6. #6
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    Default Re: Send a message to our legislators: stop Philadelphia from violating our rights

    Philadelphia justifies its actions in mistreating law abiding gun owners by utilizing Title 18 Section 6108 of our state law which grants status to Philadelphia as a “city of the first class”. This requires that a person in Philadelphia must obtain a license to carry in order to carry openly, whereas in the rest of the state carrying a firearm openly while on foot does not require a licensee.
    18 Pa.C.S. § 6108: Carrying firearms on public streets or public property in Philadelphia
    No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless:
    (1) such person is licensed to carry a firearm; or
    (2) such person is exempt from licensing under section 6106 of this title (relating to firearms not to be carried without a license).
    6108 restricts who may carry a firearm upon the public streets and property of Philadelphia. It does not grant Philadelphia any status. If Pittsburgh had a high enough population, I imagine 6108 would apply there as well, despite Philadelphia being referenced in the title of the section.

  7. #7
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    Default Re: Send a message to our legislators: stop Philadelphia from violating our rights

    Quote Originally Posted by bill gray View Post
    Good letter!! Monday AM I am going to start trying to get appts to see my State Senator and Representative. I have 5 separate articles from Philly.com and foxnews about this to give them. I want to put a bug in their ear about taking away the Philly specific "carry a LTCF in order to OC there" provision before someone gets shot for a legal activity. If every PA legislator got at least one contact with this idea it might get some traction. What is the logic of Philly cops going postal if they see OC on one side of a border street (Cheltenham Ave, City Line Ave etc.) and just waving if the OCer is on the other, suburban, side of the street? (There's the germ of an idea there folks.) We should all at least write to both legislators. Costs $.42@ for the stamp. That is a good investment! Find the articles, print them, add the letter, sign it and send the two packages on their way. We can't all march in Philly but most if not all of us can do this. We have made an impression and need to strike while the iron is hot.
    Better throw 2 more cents on that envelope or it will be returned for postage due.

    http://www.usps.com/prices/first-class-mail-prices.htm
    .

  8. #8
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    Default Re: Send a message to our legislators: stop Philadelphia from violating our rights

    Does any one have a list of state reps to send these letters too?

    Also maybe creating a "generic" letter for those who are not as well versed in the law and gun rights may get more letter sent to these politicians.

  9. #9
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    Default Re: Send a message to our legislators: stop Philadelphia from violating our rights

    Tim, great letter! I've been thinking about how to word an email to my rep relating to the abuses of the Philly Administration but I just couldn't make what I had in mind come to words clearly. Thank for the template. I fully intend to steal it and send it to my Rep and Senator.
    It's all fun and games, til someone shoots your bobber!

  10. #10
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    Default Re: Send a message to our legislators: stop Philadelphia from violating our rights

    Quote Originally Posted by kimbershooter View Post
    Does any one have a list of state reps to send these letters too?

    Also maybe creating a "generic" letter for those who are not as well versed in the law and gun rights may get more letter sent to these politicians.


    How to find your legislator... http://www.legis.state.pa.us/cfdocs/...ourlegislator/

    An alphabetical list of all PA Congressmans' email addresses... http://www.legis.state.pa.us/cfdocs/...ist.cfm?body=H

    An alphabetical list of all PA Senators' email addresses... http://www.legis.state.pa.us/cfdocs/...ist.cfm?body=S


    .
    While many claim to support the right, precious few support the practice.

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