Easton council votes down proposed lost-gun ordinance

[Tootie]

http://www.mcall.com/news/local/all-...,4544885.story

By Michael Duck | Of The Morning Call
November 26, 2008

A proposed Easton gun law, which would have required gun owners to report their lost or stolen weapons quickly, was shot down Tuesday after the city solicitor said it wouldn't stand up in court.

The bill had been championed by Mayor Sal Panto Jr. as a way of targeting straw purchasers who illegally buy guns for criminals, and two weeks ago it had looked like it would pass easily.

But several City Council members changed their minds, defeating the bill 5-2, after hearing solicitor William Murphy's opinion that only the state may pass gun laws.

''Courts have been consistent,'' Murphy said. ''I don't think that this body has the authority'' to regulate the possession of firearms.

Panto said he still supported the bill and pushed for the vote, but he conceded the law might not hold up.

''If challenged, we wouldn't defend it,'' he said before the vote.

That made the bill seem pointless to many council members. ''Why have an ordinance that won't hold up in court?'' Councilman Roger Ruggles asked.

Panto and Councilman Jeff Warren voted for the bill. Voting against it were council members Ruggles, Ken Brown, Elinor Warner, Sandra Vulcano and Pam Panto, the mayor's wife.

''We can't supersede the state,'' Brown said afterward, noting he had supported the bill before he heard the solicitor's opinion.

The mayor said the vote's outcome was ''expected,'' adding, ''I normally wouldn't go against my solicitor's ruling, either.''

The Easton ordinance would have required gun owners to report their weapons missing or stolen within 24 hours of discovering the loss or theft, and violators would have faced a $1,000 fine or 90 days in jail.

Supporters said that would have created a penalty for straw purchasers who claim their weapons were lost or stolen, when in fact they've passed them to criminals.

In urging council to pass the law, Panto said he wanted to stand with other nearby cities -- including Allentown and Philadelphia -- that have passed similar measures.

Panto said the cities' actions might put pressure on Pennsylvania legislators, who have failed to get behind similar laws at the state level.

However, Lehigh County District Attorney Jim Martin has called the Allentown law unenforceable and unconstitutional, while the Philadelphia law faces a court challenge from the National Rifle Association.

Warner, who had supported the bill before hearing Murphy's opinion, suggested sending a message to state officials more directly -- with a resolution urging the Legislature to act.

Panto and most other council members indicated they support that idea.

michael.duck@mcall.com

610-559-2151

Well at least one solicitor in this state gets it.

[normanvin]

Thats the way it is supposed to work.

[headcase]

Thats the way it is supposed to work.

Amen. ..........

[LittleRedToyota]

Well at least one solicitor in this state gets it.

just for the record, the pittsburgh city solicitor told pittsburgh city council the same thing...that they do not have the authority to pass a lost-and-stolen firearms ordinance and that it will not be "enforceable".

however, rather than listen to their own legal counsel, the council went ahead and voted for it anyway in a preliminary vote. (and the council president actually berated the solicitor's office for several minutes for giving objective legal advice rather than cooking up some crap to support what council wanted to do.)

just want to make sure the blame gets put where it belongs in pittsburgh...and that credit is given where it is due.

[imperialism2024]

Hmpf, it's good to know that at least some politicians in Pennsylvania are not corrupt...

[Exbiker]

Well at least one solicitor in this state gets it.

LOMA notice the Mayor`s wife on council voted against her hubby.

[WhiteFeather]

the solicitors are legal officers in the court system, to advise council to break state laws also makes them liable to arrest or punishment.

Only Philly solicitors are that corrupt enough to try this or know the system is corrupt enough to protect them from prosecution (they hope).


As for the two that voted for this illegal measure, after they were told of the legality of the proposal.

Well let’s hope they get the justice they deserve, when the backlash time comes around from this organized (RICO style) effort to violate state law all over PA, boomerangs all the guilty parties with criminal charges and jail time.

[Diagza]

With all the doomsday type worrying surrounding gun laws I've been hearing so much about these days, this is somewhat refreshing to hear.