Gun control legislative report

I've been nominated by Carol for the Thinking Blogger Award. It's encouraging to know that someone finds this information and opinion worth thinking about! Thank you, Carol.

I'm supposed to nominate five others. Problem is, I have my own business, and it has nothing to do with offices, computers, or the internet. In other words, I don't have a lot of time and don't really know of that many other blogs. I don't know if this is kosher, since he was nominated by Mrs. Lyman already, but I absolutely must begin with Will at Pro-Libertate. It is nice to know I'm not the only constitutionalist sometimes accused of being a lefty. Like Carol, I'll nominate more in the next few posts.

Here's a long overdue "gun control" legislative update for Americans and Pennsylvanians. Be angry, it's OK. This is the stuff that protects the Cho Sueng-Huis of this country from their victims. Use the links to the left to read the bills yourself or to contact your public servants and give them your instructions.


Federal legislation:

Bad -

HR 1022 (A pumped up version of the Clinton assault weapons ban; very sweeping and vague.)

HR 96 (Mandates criminal background checks at all gun shows. Also would require organizers of any gun show to notify the Attorney General in writing 30 days before the event of the date, duration and location and submit a list of all vendors; and to submit a ledger with identifying information for each vendor to the Attorney General within 5 days after the event.)

· SB 77 (Amends Title 18 to allow inspections of FFL dealers “whenever the Attorney General may reasonable require” instead of the current “not more than once during any 12 month period.”)

· HR 256 (This bill increases penalties for youth possession of handguns or semiautomatic firearms and for transfer of such firearms to youth; makes a gun owner responsible if a child obtains their firearm; and makes the guardian of a child who is left unattended at a gun show subject to charges of child abandonment.)

Good -

· HR 861, the National Right-to-Carry Reciprocity Act of 2007
· HR 226
· SB 388
(Essentially requires states to recognize permits issued by other states.)

· HR 73 (I don’t like any attempt to regulate the 2nd Amendment; however this bill is certainly a step in the right direction from where we are.)

· HR 1096 (Absolutely an excellent bill: it would repeal all criminal background check and safety lock requirements and eliminate the so-called “sporting purposes” distinction.)


PA State legislation:

Bad -

Title: HOUSE BILL 760 (One gun a month. Also requires registration with State Police of all firearms owned by PA citizens [except antique firearms], including a massive collection of personal and identifying information. State Police are not required by the Act to approve any application. Non-approval would require firearm to be surrendered. Approved registrants would be required to store firearm locked or disassembled; notify State Police within 48 hrs of change of registration information and 48 hrs prior to any sale or transfer; and pay an annual tax of $10 on each registered firearm.)

Title: SENATE BILL 48
Title: HOUSE BILL 30
(Massive assault weapons ban: sweeping, vague language; would “grandfather” currently owned assault weapons on condition of annual registration, annual background checks, and annual home inspections by State Police.)

Title: HOUSE BILL 957 (Bans 5.7 mm pistols)

Title: HOUSE BILL 291 (Requires all handguns sold in PA to be “smart” handguns capable of being fired only by “authorized persons;” and confiscation of all other handguns. Grandfathers ownership of previously manufactured handguns but bans their sale or transfer. Violation constitutes a third-degree felony.)

Title: HOUSE BILL 277 (Requires all handguns to be equipped with trigger locks and to be identified in a State Police database by serial # and ballistics identifier)

Title: HOUSE BILL 22 (One gun a month)

Title: HOUSE BILL 20 (Would make it unlawful to store or leave a firearm in any place within easy reach of a minor.)

Title: HOUSE BILL 29 (Est. registry for lost/stolen firearms and makes failure to report loss or theft within 24 hrs a summary offense with $500 fine)

Title: SENATE BILL 701 (Bans purchase of a firearm with knowledge of or intent to transfer to another individual. Provides for defense against charges on the grounds that the purchase was intended for a gift. Also would legalize the currently unlawful retention of handgun purchase records by the SP.)

Title: HOUSE BILL 481 (House version of above bill: also creates a judicial loophole to allow conviction under this act to occur without a trial and without notice to the defendant; allows the state to appeal a sentence if the court does not apply this act.)

Title: HOUSE BILL 784 (Makes transfer of a firearm to an ineligible person a third-degree felony.)

Title: HOUSE BILL 18 Title: HOUSE BILL 25 Title: HOUSE BILL 23 Title: HOUSE BILL 485
(All four would permit cities and other municipalities to regulate firearm ownership and possession via referendum in a long list of ways.)

Good –

Title: HOUSE BILL 641 (Essentially establishes the Castle doctrine as PA law and affirms the right of a law-abiding citizen to defend themselves or others against criminal actions or threats; rejects the supposed duty to attempt to retreat; prevents perpetrators from bringing civil actions against a citizen for harm resulting from the citizen’s justifiable use of force; and (obliquely) requires peace officers to make reasonable efforts to identify themselves before entering a home or business.)

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A few tips when contacting legislators:

1 - Never count on lobbying groups to get the job done. In my opinion the worst mistake we have made is relying on groups like the NRA, GOA – you name it – to let our elected officials know what we expect of them. Lobbyists are uniquely positioned to educate legislators about the facts and statistics surrounding this and other issues, but ultimately politicians don’t care about facts, they care about money and votes. They aren’t elected by lobbying groups, and there are other groups vying for their attention that have far deeper pockets than the NRA or GOA.

2 - When a bill is in committee, it is best to contact the members of the committee. It is also helpful to contact your own legislators to let them know that you are aware of the bill and how you expect them to vote should it make it to the floor. Once it reaches the floor, committee membership is irrelevant.

3 - A personal note, ideally handwritten, is the most effective way for an individual to influence their legislators. You don’t have to write an essay – the details are the job of the lobbying groups; just name the bill, say whether you want them to support it or not and give a couple sentences to explain your position. If you are in their district, say so. If you voted for them, say so.

4 - The next best thing would be a phone call. If you can write and call, do it. It doesn’t hurt to call every time an action is taken on a bill.

5 - The mass emails and petitions that organizations send you to forward to your legislator have almost no effect unless they arrive in such quantity that their system is affected. Staff members often simply delete them – regardless, the legislator knows that it takes very little effort to forward an email or sign a petition, and they view those items accordingly. Once a bill is on the floor and nearing a vote email can be more effective - they usually keep a tally of the number of emails received for and against a bill; but until then, take the extra time to write a note.