Pennsylvania has a preemption statute that prevents local governments from creating their own firearm laws. Such a patchwork of varying rules and regulations would effectively chill the exercise of the right to keep and bear arms in the sate. As the law reads, “(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.” The problem is that there are no teeth to the law, as no penalties are imposed on local governments that violate it . . .
Consequently, there are over fifty local scofflaw governments in in the keystone state. From nraila.org:
State firearms preemption was enacted by the Pennsylvania Legislature to avoid the possibility of 2,639 separate firearm laws across the Commonwealth. However, over recent years, nearly fifty local governments have enacted gun control ordinances in violation of the current state firearms preemption law.
House Bill 2011 has been introduced to remedy the situation. It’s the lastest version of similar bills that have been put forward over the last four years. Representative Mark Keller, (R-Landisburg) has sponsored the current measure. From publicopiniononline.com:
“Local governments have been passing ordinances regulating firearms in defiance of the state’s Crimes Code, resulting in confusion for gun owners who don’t know they are breaking the law,” Keller said. “The end result is that citizens can be forced to incur significant expenses to hire attorneys to challenge these illegal and unconstitutional ordinances. My bill would correct the problem.”
The bill moved from committee to the full House yesterday.
Florida had a similar problem and solved it with legislation that made local leaders personally accountable for violations, allowing for the recovery of legal costs. The Pennsylvania law lacks those teeth, though.
The new law avoids the loophole that was found in Ohio’s preemption law. In the Buckeye State, cities would wait until Second Amendment supporters spent time and legal resources trying to force an offending local government to repeal a law. Then, just as it became clear that the 2A supporters would win in court, the city would repeal the law, allowing the plaintiffs no opportunity to recover their costs. Under Pennsy’s HB 2011, if an offending law is repealed after a local government has been sued, the city would be responsible for paying plaintiffs’ legal fees. We’ll be watching the bill’s progress.
©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Gun Watch
Since the City Council has chosen to evict the gun club, I guess they are prepared to set up a first class gun range for use by their Police Dept. Members in the club can begin to look elsewhere to establish their 100% NRA club….too bad this could not have worked out to a WIN WIN situation.
The city should have had in place on city property a gun range/training facility all along for the police.
I guess I’m a simpleton. That is one ugly gun. It’s a safe queen that will never see a round fired. How sad.
It’s about time Hawaii was no different than other states. They get away with a lot because it’s an island, but the Constitution still applies to them too
I would advise the gun club just go ahead and relocate. When local formal politics gets into the decisions of a private club, it’s over! Besides, with the city council now showing it’s fangs, why invest in structures and renovations that could easily be lost to political whim. I don’t agree with requiring mandatory membership in the NRA because it limits membership, and could preclude folks from being members because of cost. Shooting is expensive now with the cost of ammo, thus adding to that could marginalize folks the club would otherwise want as members. Lastly, the NRA is solely focused on the 2nd Amendment. That does not make them ultra right wind conservatives. Because the NRA are Constitutionalists, naturally in the realm of politics, those outside the NRA are going to most likely be politically conservatives. Liberals are inherently anti-gun, thus anyone they encounter that is pro-gun is going to be automatically labeled right wing nut case. I bet the club with this publicity can now solicit and receive sufficient funding to relocate and build new facilities. Even the NEA might step up for publicity purposes as the goals if the club will most likely mesh with those of the NRA. Just do it and put city council in your rear view mirror!!!
The gal with the holstered snub has a Charter Arms Lavender Lady .38 special , me thinks she knows how to use it too . If I lived in Spokane I would just go by to get a coffee for the scenic quality that goes with it ! Be prepared and ready. Keep your powder dry.
Isn’t it ironic (and pathetic) that the only people Obama succeeds at bullying and screwing over are his own?
The XDm 3.8″ compact is my carry gun and I LOVE IT! In compact form you get two choices a compact mag or an xtended mag. To me it is best of both worlds where you an choose full or smaller size for carry.
I don’t get why a grip safety is such an issue like another poster said no one complains about the 1911’s. The fact it is a single action pistol adding a grip safety should prevent accidental discharges if dropped. There are internal safeties to prevent the single action striker from firing as well as a trigger safety.
The only issue I had initially was the compact mag didn’t have an angled mag base plate for a better grip for my pinkie finger. I think they could have ditched the wire brush, action lock, or mag loader. For the few extra bucks I would be willing to pay for the extended grip on the compact mag’s base plate and keep all those extras I don’t use.
I took a 15 year old boy shooting for firing a semi auto pistol he hit 2/5 shots in the red bulls-eye of a silhouette target. The other 3 were very close in the next ring. Pretty darn good shooter for a boy with no semi auto handgun experience.
Pa is not part of New England. Well simple geography indicates that. But your lumped into the southern tier states like we in Pa are lumped into The peoples Republic Of NJ, NY and Maryland as the Mid Alantic States. Like it or not.
[quote comment]
Shire-man says:
March 20, 2014 at 10:34
[This makes me happy:
” We currently do NOT have an active customer list”
For the life of me I’ll never understand why any business especially one on the govs shitlist would retain a database of customers. At least encrypt it if you’re going to keep it.]
+1
Here! Here! I AGREE.
From the TV show “Hogans Heros” Sgt Schlultz, ” I KNOW NOTHING!”
(IF) Nothing kept– nothing to get / take (or Know)!
I desire and should be able to do a Legal Mail -order purchase (where) any and all of my personal and purchase info is “confirmed safe” from ID THEFT perpetrated by ANY and ALL parties.
The Best and SAFEST WAY to ” Confirm that personal and purchase data is Safe from ID theft” and beat ANY breech/ capture of records or data—is DON”T KEEP and/or STORE contact, purchase and billing info.
ARE YOU LISTENING TARGET !!!!
ORDER/Purchase> PAID> SHIPPED> DELIVERED > PURGED/ shredded
The 1960’s TV Show “Mission Impossible” …. Mr Phelps heard the details of the mission, then the tape self- destructed………… minimizing any Potential compromise or Loss of information.
I will not do any business with a company that has NO REGARD for their customers privacy and protection.
Loran Kelley….POLYMER80.com I “Salute” Your diligence and care !
I Encourage you….. TO CONTINUE NOT to KEEP, STORE, MAINTAIN by Any Means of storage available- ANY/ ALL customer information that may be compromised in ANY WAY at ANY Time by Any One!
I look forward to dealing with you for anything I might need.
to;
You guys that are bashing the holding up of product sales by Polymer80.com, while POLMER80.COM seeks some determinations / approval of product, either you are not buying Product anywhere anyway , you’re Too Oblivious to care, or YOU Got BOATLOADS OF MONEY TO DEFEND AGAINST Any and All potential BOGUS and FRIVOLOUS assaults against companies (selling believed legal products) and their customers. Customers are at risk if lists/ databases are Kept/ Maintained by any company and thus taken /stolen.
Ok, help me out here – If I’m arrested under an illegal local gun control law, can’t I simply reference the state preemption law to ‘get out of jail’?
How exactly does a health care provider PREVENT any injury, firearm related or otherwise?
Health care providers in general, like cops, REACT. What’s the doctor going to do, stand with his patient at the range to make sure he does not shoot himself?
This guy should get some Doctors Without Borders or similar experience in the real world, then MAYBE he would have something upon which to base his lectures to the rest of us.
I stand corrected on my comment from the first super Sig picture.
This is a cartel gun.
As a California gun owner, I understand where the author of this fine letter is coming from, and agree with you for the most part… hence why I am a proud supporter of Calguns and other local grown gun owner groups… to me it’s felt like the NRA has turned its back on us in the Bear Flag Republic and focused efforts on states where the least amount of help is needed in securing our constitutional rights.
I have had the DB9 for about a year now. I also bought two extra mags after having read that others had mag issues. I brought it to the range and for the most part used American Eagle 115 gr FMJ. It shot fine at first and then I noted that it would stove pipe a live round so that the round was sticking straight up out of the mag. This only happened during a slow deliberate course of fire. If I shot rapid fire it worked fine. I tried using HP rounds and same story. Disgusted, I put it away and started squirreling away cash for a SW Shield. I did some research and decided to work on the gun a little. Long story short I used a Dremel tool with polishing compound and polished the feed ramp and the chamber. I recently brought it to the range and it shot like it should have in the first place. I have not experienced any of the pins walking out. It disassembles exacly like a Glock. I don’t know why the DB people have not gotten a nasty gram from Smyrna GA or their attorneys…its that similar.