Lancaster Intelligencer Journal | BERNARD HARRIS | Mar 27, 2012
Lancaster Mayor Rick Gray, joined by the mayors of Philadelphia, Allentown, Chester and a council member from Pittsburgh, was in Harrisburg on Tuesday to protest bills he said are an attempt to bully cities that pass measures on lost or stolen guns.
"We got up and sent them a very clear message how we felt about it," Gray reported to members of Lancaster City Council on Tuesday evening.
The bills — one each in the state House and Senate — would allow anyone to legally challenge local ordinances regulating guns or ammunition.
The appellant would not have to have been charged under the local ordinance or even live in the jurisdiction. The challenger doesn't even have to be a person. It could be "a membership organization … that is dedicated in whole or in part to protecting the legal, civil or constitutional rights of its membership."
Opponents of the measure say that language caters to the National Rifle Association, which had unsuccessfully challenged Pittsburgh's lost-or-stolen ordinance last year. The state Supreme Court ruled the group did not have legal standing to challenge the city law, newspaper records show.
Proponents contend the cities have overstepped their authority and that regulation of guns lies solely with state governments.
In the cross hairs are ordinances passed by Lancaster and 29 other Pennsylvania municipalities that require the reporting of lost or stolen handguns. Lancaster's ordinance, passed in 2009, requires making a report to police within 72 hours of discovery that a gun has been lost or stolen. Failure to do so could mean fines up to $1,000 or 90 days in jail.
The intent of the ordinances is to stem "straw purchases" of guns. Straw purchasing occurs when someone buys a gun for another person who is prohibited from owning one, such as a convicted felon. If the firearm then is used in a crime, the original purchaser can claim the gun was lost or stolen. A lost-or-stolen ordinance attempts to hold such persons accountable.
Tuesday evening, Gray complained the state proposals would require cities to pay triple damages and legal bills of appellants, even if the local ordinance was repealed prior to a judge's decision in the case.
If the lawsuit is unsuccessful, cities would not be able to seek damages or legal costs from the appellant. That encourages lawsuits against cities, Gray maintained.
Six of Lancaster County's eight House members are co-sponsors of the House bill.
http://lancasteronline.com/article/local/613652_Lancaster-mayor-speaks-against-Pa--gun-law-bill.html
Lancaster mayor speaks against Pa. gun law bill
By BERNARD HARRIS
Lancaster Intelligencer Journal
Mar 27, 2012 22:30
http://lancasteronline.com/
Lancaster Mayor Rick Gray, joined by the mayors of Philadelphia, Allentown, Chester and a council member from Pittsburgh, was in Harrisburg on Tuesday to protest bills he said are an attempt to bully cities that pass measures on lost or stolen guns.
"We got up and sent them a very clear message how we felt about it," Gray reported to members of Lancaster City Council on Tuesday evening.
The bills — one each in the state House and Senate — would allow anyone to legally challenge local ordinances regulating guns or ammunition.
The appellant would not have to have been charged under the local ordinance or even live in the jurisdiction. The challenger doesn't even have to be a person. It could be "a membership organization … that is dedicated in whole or in part to protecting the legal, civil or constitutional rights of its membership."
Opponents of the measure say that language caters to the National Rifle Association, which had unsuccessfully challenged Pittsburgh's lost-or-stolen ordinance last year. The state Supreme Court ruled the group did not have legal standing to challenge the city law, newspaper records show.
Proponents contend the cities have overstepped their authority and that regulation of guns lies solely with state governments.
In the cross hairs are ordinances passed by Lancaster and 29 other Pennsylvania municipalities that require the reporting of lost or stolen handguns.Lancaster's ordinance, passed in 2009, requires making a report to police within 72 hours of discovery that a gun has been lost or stolen. Failure to do so could mean fines up to $1,000 or 90 days in jail.
The intent of the ordinances is to stem "straw purchases" of guns. Straw purchasing occurs when someone buys a gun for another person who is prohibited from owning one, such as a convicted felon. If the firearm then is used in a crime, the original purchaser can claim the gun was lost or stolen. A lost-or-stolen ordinance attempts to hold such persons accountable.
Tuesday evening, Gray complained the state proposals would require cities to pay triple damages and legal bills of appellants, even if the local ordinance was repealed prior to a judge's decision in the case.
If the lawsuit is unsuccessful, cities would not be able to seek damages or legal costs from the appellant. That encourages lawsuits against cities, Gray maintained.
Six of Lancaster County's eight House members are co-sponsors of the House bill.
Also on Tuesday, City Council members:
• Approved the taking by eminent domain of a driveway into a parking lot behind 39 E. Orange St. The driveway connects the parking lot of the Gibble, Kraybill & Hess law firm to Marion Street. The city plans to build an addition to City Hall and shifted its plans 12 feet to allow the driveway to connect to Marion Street to the east of the addition.
• Received a petition from Dr. James Wilson, of the 200 block of Tennyson Drive, in support of a study that would consider connecting Longfellow Drive to Lincoln Highway.
The petition was signed by 106 people, many of whom are Tennyson Drive residents, Wilson said. It follows a meeting last month attended by many Longfellow Drive residents who oppose the extension of their dead-end road to the highway.
