Snowflakes in Hell

HR 1845 has passed the Pennsylvania Senate unanimously.  It had one amendment on it, and will have to go back to the house for a vote, but after that, which should be smooth sailing, it’ll be on to the Governor’s office for a signature, which should be forthcoming.  After this:

• Sheriffs will have to issue emergency LTCFs for qualified applicants.
• Carry completely lawful in state parks
• No Katrina like gun confiscations in Pennsylvania.

Job well done for all the parties involved in getting this to passage.

UPDATE: I’m told the house passed it unanimously right after the senate passed it.  So all it requires now is Rendell’s John Hancock, and it’s law.

Following on the footsteps of Philadelphia, Allentown City Council passed legislation requiring residents or report stolen firearms to police within a certain period of time or face prosecution.  Preemption is a bedrock principle for maintaining our rights in any meaningful form.  This is a regulation on the possession of firearms, and is thus the exclusive domain of the state Legislature.  It is clearly unconstitutional under Pennsylvania law.  Unfortunately, someone will have to get cited before there can be a challenge.  Allentown isn’t the only one:

Pawlowski met in Reading earlier this month with seven other mayors — including Easton’s Sal Panto Jr. and Bethlehem’s John Callahan — to announce that they were introducing the legislation, which they consider to be least in conflict with current state laws.

Least in conflict?  So they admit it is in conflict then?  Good, then it’s illegal.  You can see how if cracks in the foundation of preemption are allowed to form, pretty soon the whole structure weakens and comes tumbling down.  There is a slippery slope here, and if we allow this stuff to stand, pretty soon you wouldn’t be able to transport a firearm through the Commonwealth without running a very serious risk of arrest and prosecution.

Kim Stolfer just sent out an e-mail alert to inform Pennsylvania gun owners of the importance of the race between Monica Douglass and David Levdansky:

Levdansky tells constituents that he “believes that our Constitution grants me the right to bear arms” and yet his voting record and statements throughout his career show a disdain for individual liberty.  For example, at a Game and Fish Committee hearing in 1986 in Clarion, PA, Levdansky said:

“insofar as the constitutional question of the right to keep and bear arms is concerned, I think that that argument is rather hollow and shallow . . . At best, I think that the right to bear arms argument is nothing more than rightwing, ideological rhetoric and ought to be dismissed as such”.

He has never repudiated his statement and this, along with other statements and his voting record, reveal his true agenda.  Representative David Levdansky has become the poster child for Cease Fire Pennsylvania, the most outspoken anti-gun group in Pennsylvania—and the spokesman for the anti-gun Philadelphia Legislative Caucus.  His position on these issues cannot and should not be trusted.  Gunowners and hunters have been deceived long enough!

Levdansky has been an anti-gun leader in the Pennsylvania House, and everyone in Pennsylvania has a vested interest in ousting him.  Monica Douglass needs money and volunteers to get her message out so we can secure our gun rights in Pennsylvania.

The reason we work hard to defeat guys like Levdansky is because if the anti-gun legislators see their leadership getting their electoral heads lopped off, the next one in line might feel a little unsure about sticking their necks out on behalf of CeaseFire PA.  This is how we become formidable.

This looks pretty clearly to be a violation of preemption:

On Thursday, October 2, at 10:00am, Peter Georgiades, a Second Amendment rights attorney, will be challenging the legality of a recently enacted provision in the Pittsburgh zoning code.  This provision restricts “gun-related businesses” from being established within city limits, even if the lot is zoned for commercial use.  This provision only applies to businesses that are in any way involved with the “sale” of firearms.  This is another blatant attack on the firearm industry and Pennsylvania’s law-abiding citizens.

If you live in the Pittsburgh area, this will probably be pretty interesting to attend.

The Lehigh County District Attorney is resisting attempts by Allentown to pass local gun ordinances similar to Phialdelphia’s.  If people want to know why we defend preemption tooth and nail, this is why.  Before long you have a patchwork of laws that no one can reasonably comply with:

Any officer who makes an arrest under the ordinance could face obstruction of justice charges, Martin said in an interview Monday.

”The issue is clear,” Martin said. ”When it comes to gun-control legislation, any city ordinance is preempted by state law and that makes any Allentown law unenforceable.”

James Martin deserves the support of gun owners for being willing to stand by the law and our state’s constitution.

Gus the talking groundhog was creepy enough, but now apparently the Pennsylvania lottery is promoting one of thier new games with giant walking phalli.

A mother who bought her kid a 9mm carbine has plead guilty:

The mother who bought an assault rifle for her teenage son who was plotting a Columbine-style attack at his high school pleaded guilty yesterday to endangering the welfare of children.

I’m going to guess they didn’t pursue weapons charges, since it’s not actually illegal to buy a rifle for your kid as long as it remains in your possession and control.  It would be tough to prove that the firearm was actually transferred to the juvenile.  Of course, it seems to be this woman wasn’t buying her kid a gun to teach him responsibile gun use, and his dad seems to have been charged with weapons violations himself, and was a prohibited person.  No good was going to come from this situation.

Apparently the Pennsylvania GOP is unhappy that people will be able to wear whatever they want into the polling booth:

Officials from the state Republican Party Thursday morning criticized a decision from the Pennsylvania Department of State allowing voters to wear candidate T-shirts and buttons when they enter polling stations, saying the paraphernalia could sway voters and force polling officials to act as “fashion police.”

If the Pennsylvania State GOP were half as concerned about the fact that they have a ground game that’s utterly pathetic as they are about what people are wearing on election day, we might just be able to turn Pennsylvania for McCain this election cycle.  GOP Chairman Bob Gleason needs to get back to the basics and stop worrying that people out there might just decide to exercise free speech.

UPDATE: I’ve since been convinced that my position on this issue was not well thought out.  I tend to sympathize first with free expression, but for now I’ll agree that there’s value in a sterile polling area.

Eight other mayors in Pennsylvania are planning their own local gun ordinances in contra to state law and the state constitution.  Preemption is a bedrock gun rights principal, and we will fight tooth and nail to preserve it.  A constitutional guarantee is meaningless if it can be infringed and questioned at will by local governments hell bent on destroying it.

It appears that Hazle Township is digging in its heels on its ban in public parks, citing Minich v. Jefferson County (previous appeal here), and arguing that the township can prohibit guns in parks because it’s used by school children.  These are fairly bogus arguments, but let’s look for a minute at their use of Minich.

Minich was brought against Jefferson County because the county had an ordinance that prohibited firearms in the court house, and subjected entrants to a security checkpoint The plantiffs refused the checkpoint search, and were denied entry. The Commonwealth Court dismissed the preemption claim because state law prohibits firearms in courthouses, and thus the applicable clause in our preemption law applied:

In other words, the County may not enact an ordinance which regulates firearm possession if the ordinance would make the otherwise lawful possession of a firearm unlawful.3 Thus, if the County’s ordinance pertains only to the unlawful possession of firearms, i.e., possession “prohibited by the laws of this Commonwealth,” then section 6120(a) of the Crimes Code does not preempt the County’s ordinance.

The problem with Hazle Township’s reasoning is that guns are not prohibited in public parks in Pennsylvania.  State Parks are off limits by virtue of DCNR regulations, not through state law.  Hazle Township is on very shaky legal ground claiming preemption does not cover public parks.  Especially given that the General Assembly has voted, overwhelmingly, for a measure to recind the DCNR’s ability to regulate firearms in State Parks.  Even if The Commonwealth’s Courts accept that because DCNR claims the power to regulate firearms in state parks, that local governments may also claim that power, it’s an argument very likely to be ended when the Senate decides to take up HB 1845.

Looks like Megan McArdle has had a run in with Pennsylvania’s puritannical Liquor Police in her past.  The continuing existence of the LCB has always been a curiosity to me.  I’ve never met anyone who likes the system, yet it persists. LCB has their own set of agents who are charged with enforcing Pennsylvania’s byzantine laws regulating alcoholic beverages.

Megan went to school just across the street from me, at about the same time too.  LCB agents love staking out University City drinkeries, becuase let me tell you, there’s no problem facing the City of Philadelphia that’s more serious than 19 and 20 year olds having a beer with their friends.  You might get mugged on the way back to your apartment, but we’ll spare no expense and trouble to make sure you don’t dare risk “uncontrollable vomiting”

On the other side of the coin, I’ve never heard of LCB agents breaking down anyone’s door and shooting their dogs.  So maybe by modern law enforcement standards, I shouldn’t complain.

A Pennsylvania State Senator retaliates against the Game Commission after his kid has a run in with a game officer.  Game wardens are law enforcement officers under Pennsylvania law.  They wear uniforms and carry guns.  It is unlawful to have a loaded long gun in a vehicle in Pennsylvania (loaded pistols are fine with a license).  What I definitely would have appreciated from the Senator, is some help repealing this stupid law.  But no, we’ll crap on the game wardens because they messed with my kid who was breaking the law.  Will he jerk the game commission around if I get caught with a loaded rifle in a car?  Yeah, didn’t think so.

According to the Times-Leader, the public range at State Game Lands 91 will be rebuilt and reopened in October.  My county’s range was closed in 2005 as well, and I do hope it can reopen at some point.  The closure of that range was my primary impitus for joining a club.  Even if they reopen the range, I probably won’t shoot there much, but public ranges are important for hunters, casual shooters, and new shooters.

Looks like PGC is going all out on this one, with a covered firing line, baffles, an improved back stop, and a management program to prevent lead contamination.

… but it looks like he keeps his bets, at least.

Four of the people involved in the incident in Dickson City have filed a lawsuit under 42 USC Section 1983 in US District Court.  You can see the document filed here.  Police departments in the Commonwealth need to start training their officers that open carry is a lawful practice except in a city of the first class (where you need a LTCF), and that a gun not having a record of sale is no evidence to seize it.  Dickson City is about to be made an example of why this needs to happen forthwith.

Looks like this case I mentioned the other day was another case of the police seizing a gun because it wasn’t in the state police registry record of sale.  Getting rid of that registry needs to be a top priority of firearms owners in this state.

HB 1845, the omnibus pro-gun bill, has been voted out of the House Senate Judiciary Committee 13-0.  There was an attempt to strip out the emergency concealed carry provision by the anti-domestic violence lobby, because clearly we can’t have women being threatened by their psychotic ex’s able to defend themselves.  Why, if that were the case, we might not need an anti-domestic violence lobby.   They were unsuccessful at removing this provision by a 9-5 vote.   The bill now move to the appropriations committee, then to the floor, then back to the house for concurrence.

Looks like he was stopped illegaly, and had his gun stolen by the Wilkes-Barre police.  I will provide further information as things develop, but for now, it’s looks as if this one is for real.

The media in the DIckson City area is starting to get out Rich Banks’ side of the story in the whole ridiculous Old Country Buffet fiasco with the Dickson City police.  As far as I’m concerned, the only crime going on in that Old Country Buffet was probably their food.

Looks like HB 1845 is going to be up for a vote in the Senate Judiciary Commitee next week.  This includes the provision allowing carrying of firearms into Pennsylvania State Parks, prevents confiscations in the event of a state of emergency, and allows for sheriffs to issue emergency LTCFs for people who’s lives are actively threatened.

Let’s get this onto the floor and up for a vote in the full senate, so that we can get this on Rendell’s desk.

The state senate has put the brakes on the smoking ban.  Rendell’s Prescription for taking away the rights and freedoms away from citizens of Pennsylvania will have to wait.

Apparently a Pennsylvania lawmaker is looking to repeal state preemption of dog breed specific legislation because of one incident in his district.  This is a lot like gun control, where the solution is to punish irresponsible owners, not to try to control the species of dog.

Color me skeptical about this one.  A sawed off shotgun I can believe, since all it takes to get one of those is a regular shotgun and a hacksaw. But an RPG?  We’ve seen this in the media before, and bloggers were able to identify it as an inert tube.  It’s possible, I suppose, that someone had an RPG, but I’m guessing this is another case of some kind of munition looking thing that’s inert.

Bensalem is the next township over from me, but upon cleaning out my attic this weekend from previous owners crap, I didn’t find any fun toys like this.  Bummer.  But had I found an RPG, I would not have endangered any police or first responders.  No, definitely not.  I’m sure I could have found a cooperative junk yard owner, preferably in a secluded area, where such ordnance could be safely and properly disposed of, without endangering anything except perhaps a late model Chevrolet Celebrity.  Or maybe a Ford Escort.

Armed and Safe links to an editorial on the incident and takes it to task.  I would also point out this indication that the Times-Tribune couldn’t even be bothered to crack a dictionary:

The gun-toters don’t seem to understand that not brandishing their weapons in public would not diminish their right while also not intimidating other diners.

Let’s look at the definition of brandish, shall we?  From Merriam-Webster:

Main Entry: ¹bran·dish

Pronunciation: \ˈbran-dish\

Function: transitive verb

Etymology:

Middle English braundisshen, from Anglo-French brandiss-, stem of brandir, from brant, braund sword, of Germanic origin; akin to Old English brand

Date: 14th century

1 : to shake or wave (as a weapon) menacingly
2 : to exhibit in an ostentatious or aggressive manner

If someone views a firearm properly secured in a holster as “aggressive” or “menacing” that’s not my problem, it’s theirs.  The laws of this commonwealth permit the open carrying of a firearm in plain view, or concealed or in a vehicle with a license.  There are 600,000 people in this state with a License to Carry Firearms.  People in Pennsylvania are around armed citizens all the time, and they just don’t realize it.  All these gentlemen did was choose not to hide their firearms.

GunTruth has a pretty detailed piece up over at his blog about an open carry dinner in Pennsylvania that got raided by the Dickson City police.  This kind of thing happened in Virginia too when VCDL started doing this.  I don’t open carry much at all, but it is a legal practice in Pennsylvania, without a license in the rest of the state, and with a license in the City of Philadelphia.  I have met the guy who was arrested in this, and while he is someone who will stand up for his rights and the law, he’s definitely not brash, abrasive, or rude.

It’s a fact of open carrying that sometimes people will freak out and call the cops, especially in the parts of Pennsylvania that are absorbing a lot of residents from New Jersey and New York, where the practice is illegal.  I think 911 call centers and police departments need to be trained on the fact that the practice is legal, and how to deal with that kind of situation.  VCDL has done a pretty good job of getting that done in Virginia, and I think we will in Pennsylvania too.

UPDATE: I should inform everyone that you’ll see a lot of talk of registration in this thread.  Pennsylvania currently has a defacto registry, as the PA State Police has been computerizing records of sale and putting them into a big database.  The legislature made creating a registry illegal in 1996, but the State Supreme Court ruled that because the database was not comprehensive, it was not a registry.  This isn’t the first time I’ve seen cases where the registry is being treated as a registry of all firearms.  We need to make getting rid of this “registry” our number one priority in Pennsylvania once we’re rid of Fast Eddie.