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January 4th, 2010, 09:48 AM #1
Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?
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#post1065767Last edited by WhiteFeather; August 16th, 2010 at 10:06 AM. Reason: updated sponsor
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January 4th, 2010, 09:56 AM #2
Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?
As a side note there was just a decision in the courts Dec 2009 about local government enacting ordinances in the face of clear legislative language in the law.
Pick these jewel from inside the state Supreme court decision against Pittsburgh.
FYI The same Pittsburgh city council that also enacted illegal Lost & Stolen firearms ordinance
One of the most fundamental principles of statutory interpretation is that
“each word used by the Legislature has meaning and was used for a reason, not as mere surplusage.” Fisher v. Department of Public Welfare, 509 Pa. 164, 169, 501
A.2d 617, 619 (1985). Words and phrases must also be construed in accordance with their common and approved usage.
Pa. Supreme Court backs Pittsburgh custodial ruling
By The Tribune-Review
Thursday, December 31, 2009
The state Supreme Court upheld two lower court rulings that tossed out a
Pittsburgh ordinance designed to protect custodial workers from sudden layoffs
when large building operators switch cleaning, maintenance or security
agencies.
In a 6-1 decision, the court ruled the ordinance reached "beyond the powers
granted" to the city as a home rule municipality and was in violation of state law.
The "Protection of Displaced Contract Workers Ordinance" passed City Council
and the mayor's office in 2004. A coalition of Downtown building owners and
managers sued the city in 2005 and both an Allegheny County Common Pleas
judge and the state Commonwealth Court agreed the city overstepped its
authority to place rules on businesses.
The ordinance required custodial companies that get contracts in buildings
larger than 100,000 square feet to retain employees of the previous company
for a 180-day transition period.
If you are interested in stopping this violations of state firearm laws by local government
PLEASE contact the Reps listed above and ask them to become sponsors to Rep Metcalfe'S HB 1541
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January 4th, 2010, 04:19 PM #3
Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?
Rep Gingrich's office has been contacted.
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January 4th, 2010, 05:30 PM #4
Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?
Thanks for the info, Whitefeather. I'll have to stop by at my representative's office and talk to him about this bill.
Bills like this make me very happy that I am represented by Daryl Metcalfe.Proud friend of the Noble family.
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January 4th, 2010, 06:04 PM #5
Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?
I'll work on-
Nicholas A. Micozzie - nmicozzi@pahousegop.com - Delaware
as he's my rep.Peace, Prosperity, and Liberty
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January 4th, 2010, 06:14 PM #6
Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?
Good to see my rep is already on board. Not surprised, though...he's almost as conservative as Metcalfe.
Nine out of ten moderators approve of this post!
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January 4th, 2010, 06:26 PM #7
Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?
[quote][quote=WhiteFeather;1037489]Are YOU Tired Of Municipalities Violating Pennsylvania Firearms Preemption Law?
In order by County if it helps
Bold are multiple counties
Daniel Deasy - ddeasy@pahouse.net - Allegheny
Tony DeLuca - tdeluca@pahouse.net - Allegheny
Joseph F. Markosek - jmarkose@pahouse.net - Allegheny
Frank Dermody - fdermody@pahouse.net – Allegheny
John A. Maher - jmaher@pahousegop.com - Allegheny
Bill Kortz - bkortz@pahouse.net - Allegheny
Marc J. Gergely - mgergely@pahouse.net – Allegheny
Jim Christiana - jchristi@pahousegop.com – Beaver
Jim Marshall - Jmarshall@pahousegop.com - Beaver
Robert Matzie - rmatzie@pahouse.net - Beaver
Jim Cox - JimCox@RepJimCox.com – Berks
David R. Kessler - dkessler@pahouse.net - Berks
Richard A. Geist - rgeist@pahousegop.com - Blair
Tina Pickett - tpickett@pahousegop.com – Bradford
Frank A Farry - Ffarry@pahousegop.com - Bucks
Katharine M. Watson - kwatson@pahousegop.com – Bucks
Scott A. Petri - spetri@pahousegop.com - Bucks
Brian L. Ellis - bellis@pahousegop.com - Butler
Bryan Barbin - bbarbin@pahouse.net – Cambria
Gary Haluska - ghaluska@pahouse.net – Cambria
Curt Schroder - cschrode@pahousegop.com - Chester
Donna Oberlander doberlan@pahousegop.com - Clarion/Armstrong
Camille "Bud" George - cgeorge@pahouse.net - Clearfield
Michael K. Hanna - mhanna@pahouse.net - Clinton/Centre
Karen Boback - kboback@pahousegop.com - Col/Luz/Wyom
John D. Payne - jpayne@pahousegop.com - Dauphin
Nicholas A. Micozzie - nmicozzi@pahousegop.com - Delaware
Stephen Barrar - sbarrar@pahousegop.com Delaware
Tom H. Killion - tkillion@pahousegop.com – Delaware
Matt Gabler mgabler@pahousegop.com - Elk
Curtis G. Sonney - csonney@pahousegop.com - Erie
John R. Evans - jevans@pahousegop.com – Erie
John Hornaman jhornama@pahouse.net - Erie
Deberah Kula - dkula@pahouse.net - Fayette
Tim Mahoney - tmahoney@pahouse.net - Fayette
R. Ted Harhai - tharhai@pahouse.net - Fayette/Westmoreland
H. William DeWeese - wdeweese@pahouse.net - Greene
Dave Reed - dreed@pahousegop.com - Indiana
Kevin Murphy - kmurphy@pahouse.net - Lackawanna
John C. Bear - jbear@pahousegop.com - Lancaster
Katie True - ktrue@pahousegop.com – Lancaster
Chris Sainato - csainato@pahouse.net - Lawrence
Mauree A. Gingrich - mgingric@pahousegop.com - Lebanon
Douglas G. Reichley - dreichle@pahousegop.com - Lehigh
Karen Beyer - kbeyer@pahousegop.com - Lehigh
Gary Day - gday@pahousegop.com – Lehigh
Julie Harhart - jharhart@pahousegop.com - Lehigh/North
Mike Carroll - mcarroll@pahouse.net – Luzerne
Mark Longietti - mlongiet@pahouse.net – Mercer
Mario M. Scavello - mscavell@pahousegop.com – Monroe
John Siptroth - jsiptrot@pahouse.net - Monroe
Kate Harper - kharper@pahousegop.com - Montgomery
Thomas J. Quigley - tquigley@pahousegop.com - Montgomery
Robert W. Godshall - rgodshal@pahousegop.com - Montgomery
Joseph F. Brennan - jbrennan@pahouse.net - Northampton
Craig A. Dally - cdally@pahousegop.com - Northampton
Richard Grucela - rgrucela@pahouse.net - Northampton
Robert E. Belfanti - rbelfant@pahouse.net - Northumberland
Merle H. Phillips - mphillip@pahousegop.com - Northumberland
Mark K. Keller - mkeller@pahousegop.com - Perry
John M. Perzel jmp@pahousegop.com - Philadelphia
Tim Seip - tseip@pahouse.net - Schuylkill
Jerry Knowles - jknowles@pahousegop.com - Schuylkill
Sandra Major - smajor@pahousegop.com - Susquehanna
Scott E. Hutchinson - shutchin@pahousegop.com - Venango
Timothy Solobay tsolobay@pahouse.net – Washington
Peter J. Daley - pdaley@pahouse.net – Washington
Jesse White - jwhite@pahouse.net - Washington
Michael Peifer - mpeifer@pahousegop.com - Wayne
James E. Casorio - jcasorio@pahouse.net – Westmoreland
Mike Reese - mreese@pahousegop.com – Westmoreland
John E. Pallone - jpallone@pahouse.net - Westmoreland
Joseph A. Petrarca - jpetrarc@pahouse.net – Westmoreland
Tim Krieger - tkrieger@pahousegop.com - Westmoreland
Will Tallman - wtallman@pahousegop.com - York
Ron Miller - rmiller@pahousegop.com - York
Stanley E. Saylor - ssaylor@pahousegop.com - YorkLast edited by danp; April 8th, 2010 at 06:48 PM. Reason: Updated Jim Cox' email address at the request of his staff.
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January 4th, 2010, 07:47 PM #8
Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?
Here's the base information for the bill. You can read the whole thing at:
http://www.legis.state.pa.us/cfdocs/...type=B&bn=1541
But please notice the text I've put in red. The one to really get this going is
Thomas R. Caltagirone, Chairman of the Judiciary Committee.
So let's work on him while we're working on our District reps.
Regular Session 2009-2010
House Bill 1541
Short Title: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for limitation on the regulation of firearms and ammunition.
Prime Sponsor: Representative METCALFE
Last Action: Referred to JUDICIARY, May 26, 2009 [House]
"Those who can make you believe absurdities can make you commit atrocities".
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January 8th, 2010, 12:24 AM #9Grand Member
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Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?
Letter Sent to Rep. Schroder of Chester County.
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January 8th, 2010, 01:15 AM #10
Re: Are YOU Tired Of Municipalities Violating PA Firearms Preemption Law?
ANY lawmaker who pushes a bill or law that knowingly and spitefully flies in the face of an established statute (as in our example of UFA violations) should be removed from office and GO TO JAIL.
Any LEO who enforces such a law should be removed from office and GO TO JAIL.
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