Monday, April 24, 2017

Pennsylvania Bill to Enforce Firearm Preemption Against Scofflaw Governments



The Pennsylvania legislature is aiming to enforce their strong firearms preemption law. A similar enforcement law was enacted in 2014, but was struck down in 2016. The state Supreme Court ruled that the legislature had violated the state constitutional requirement for "single issue" statutes when the bill was passed.

On April 19, 2017, a replacement bill passed the House Judiciary committee by a 20-5 vote.

As with most states, Pennsylvania has a strong firearms preemption law. The statute has been on the books for over three decades. The preemption law requires that virtually all firearms law in Pennsylvania be uniform at the state level. Local governments are forbidden from passing a patchwork quilt of firearms regulations that can entrap innocent residents as they exercise their Second Amendment rights.

The preemption statute had no provisions for penalties or enforcement. It was presumed that local governments would follow the law. That was a bad assumption. Over 50 local governments have made a mockery of the rule of law by passing restrictive and illegal local firearm ordinances in Pennsylvania.

 If the law was violated, affected private individuals and organizations that they belong to, could sue local governments for damages. The law passed by large, veto proof majorities, and was signed by Governor Corbett.

The law was opposed by the political class in large urban centers such as Philadelphia. In a bizarre turn, the Pennsylvania AG, Kathleen Kane, refused to enforce the law, and aided the cities in challenging the law in court. In 2016, the law was struck down as having passed the legislature improperly. In an ironic twist, Democrat Kathleen Kane was convicted of felonies while in office, in the same year the statute was struck down.

The current bill, HB 671, is essentially the same as the legislation that was struck down. From state.pa.us:

§ 6120. Limitation on the regulation of firearms and ammunition.

* * *

(a.2) Relief.--A person adversely affected by an ordinance, a resolution, regulation, rule, practice or any other action promulgated or enforced by a county, municipality or township prohibited under subsection (a) or 53 Pa.C.S. § 2962(g) (relating to limitation on municipal powers) may seek declaratory or injunctive relief and actual damages in an appropriate court.
The 2014 bill passed by margins of 143 to 54 in the House, and 34 to 16 in the Senate.

It seems likely to pass again in 2017. The legislature will be careful to follow all the procedural requirements. But this time, a Democrat, Tom Wolf is the Governor. It is likely that he will veto the reform bill. His voter base is in the urban centers. The urban center's political establishments have shown a strong desire to continue to violate the preemption law.

Republicans hold large majorities in the House and Senate. 123 to 83 in the House, and 31-19 in the Senate. It is unknown if enough Democrats would cross the aisle to override a veto.

©2017 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch



9 comments:

Anonymous said...

If Gov. Wolf veto's this, He won't have to worry about running for office ever again....

Anonymous said...

I think there are going to be several new governors after the next election. some people may be getting tired of my posts on the second amendment. the second amendment is well posted at the top of the main page on this blog. If people will take the time to read and understand what original intent is as is the most important thing to understand when reading the constitution, you may eventually understand that because the words shall not be infringed are in the second amendment, any thing added after that is unconstitutional without the second amendment its self being legally amended. Until Shall Not Be infringed is changed , nothing can be added to the 26 words of the second amendment. anything other than those 26 words is void, I have been watching videos on U-Tube that are addressing the 16th amendment. Understanding original intent is most important to understand why the 16 amendment is unconstitutional. It was never legally ratified. Income taxes are unconstitutional. the same as these laws are being ignored by different parts of different states and these preemption laws are being ignored. if the federal government passes a law or a constitutional amendment is legally ratified , that is the law that must be enforced. Opinions are not law. and states must enforce them as the states pass laws the counties and cities and towns must enforce them. enforcing legal and constitutional laws is not optional. the oath of office removes the right to an opinion. If you think a law is wrong in its application you work to get that law changed or repealed. but until it is changed or repealed it must be enforced as written. No one has the authority to enforce an opinion. A jury in a court trial actually has the authority to nullify a law that is unconstitutional or that is being abused or misapplied.

marlene said...

Obviously, this is what the people want. If any politician who can, vetoes this bill, they will never be elected or re-elected again. This is Pennsylvania, the birthplace of America's founding documents that gave the people the right to bear arms, and the people are hot to protect this right. Mark my words!

Anonymous said...

Marlene: you would really love Arizona gun laws. being a second amendment state I have little interest in leaving here. I just have no interest in traveling without my guns. to old to do well in a fist fight but my fast draw and accuracy is still in good shape. I hope I never have to draw on any one because I do not believe in drawing to threaten if I have to draw I shoot. In most places you get into just as much trouble for drawing as you do for shooting. If someone brings you trouble make it worth their effort, give them back all they want. when it is time to draw the time for talking is over. always take your time when drawing, shoot fast and straight. Never fire warning shots, always hit something. cops like to count bullets and brass. I am a firm believer that no body ever has enough ammo. No body goes down by yelling bang. I did not buy my guns to use as a club. If I ever get into a real shoot out here in the states like in Vietnam. I have enough loaded weapons to fire over 200 rounds without reloading or changing magazines for any weapon. single shot, bolt action, lever action, pump action, magazine fed and a few others. If I should ever run out of ammo then I have to change to different types of weapons. some things you just never forget a lot of my weapons I have not used in years. Bows, Nun chucks, stars, throwing knives, hatchets, blow guns and the gas powered selection. I make most of my ammo except for .22 cal. I have at least 20 different caliber die sets and bullet casting molds. full set of case holders and trimmer pilots. and five presses. three shot gun and two rifle pistol. I really would like to get a local militia started. Trump just offered to help Mexico eliminate the drug cartels. with or without an invite.

Anonymous said...

The important thing to understand is government never gave us the right to keep and dear arms. We had that right before government existed. the constitution is our power to force the government to protect that right. that is why the second amendment only has 26 words in it, it is a very blunt and to the point direct command the power to give government the authority to control our means of self defense was never granted or delegated to the government the second amendment forbids the government any power to do any thing concerning our right to self defense and the weapons we choose to use for that purpose. It has nothing to do with sporting purposes. the right to keep and bear arms is a sovereign individual right existing before any government ever did. I may wind up dead some day defending that right, but all they can do is kill me. You only fear those that can destroy your soul.

frankspeak said...

he'll probably just refuse to sign it...and in PA..an AG's "opinion" has the force of law..witness sec 908 of the crimes code..and all its nebulous restrictions....

frankspeak said...

he'll probably refuse to sign it...and, unfortunately,..an AG's "opinion" has the force of law in PA..witness sec 908 in the crimes code..and all its nebulous restrictions..

marlene said...

ANONYMOUS, when the SHTF, can I come to your place? lol. Awesome that you're as prepared as only a veteran knows how to be. YES - every state and county should have their own citizen Militias, armed with state-of-the-art ordinance. The purpose of being armed is to protect ourselves from the tyranny of government. Our Founders put our gun "rights" into the Constitution to remind the government these God-given rights "are not to be infringed." I've been reading about new bullets that can be used in a multiple of gun styles. PS: Thank you for your service. God bless you.

Anonymous said...

Marlene: sure anytime. the problems we will most likely face is the quality of weapons and the availability of ammo. Guerilla warfare is learning to use what you have to the best results. If you are not flexible you will break easily. The fun of making your own ammo is that you can customize ammo for use in different guns of the same caliber. Sandy cove, two miles due west of me, on the Colorado river is really good for fishing the mountains behind me are great for deer. Ducks and Geese come here every year. the lead ammo ban was just over turned and this is good for me and my over 300 pounds of my lead based bullet casting alloy. the next war will not wait for legislation. If you are not ready now you may never be ready. Your welcome, He has. Thank you.