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Gun-theft law passed by Council
Police must be told if firearms stolen
Intelligencer Journal
Jun 10, 2009 01:43 EST
Lancaster
By LARRY ALEXANDER, Staff Writer

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Gun owners living in Lancaster city now have 72 hours to tell police if they discover their firearms have been stolen, or they could be sent to prison.

Mayor Rick Gray said the law, unanimously passed Tuesday by City Council, does not regulate a person's right to own firearms, but simply asks gun owners to "advise us when a gun has been lost or stolen."

It also is aimed at cracking down on so-called "straw" sales, when a person buys a firearm legally and sells it to someone not allowed to legally own a gun.

"The reason this is being passed is to eliminate the excuse for the person who buys the gun legally, and then sells it illegally," Gray said.

Gray said he has heard concerns that people whose guns may be stolen while they are away and do not know about the theft, will be in violation. That, he said, is not true.

"If you're away and your gun is stolen and you don't know it, you won't be prosecuted under this," Gray said.

Violation of the law carries a maximum penalty of a $1,000 fine and/or 90 days in jail.

During the meeting, Pastor Kevin Brown of Ray's Temple Church of God and a group of children from the church spoke in favor of the bill.

Citing data collected by Brown, the children — Jonathan Millan, Deshaun Brown, Victorsha Thomas and India Folk — said 30,806 Americans were killed by guns in 2006, of which 44 percent were people under age 25.

After the unanimous vote, Brown said, "Handguns and the illegal use of guns has been responsible for an exorbitant amount of crime and of young people being killed in the community. The media is full of incidents where guns are involved and people have lost their lives, especially youths. So we thought that, since our city was considering passing this legislation to make gun owners more accountable, it was important for our young people to speak."

Joe Grace, executive director of the Philadelphia-based CeaseFirePa, commended Council for its action, calling it "another step forward for sanity in terms of a simple handgun safety reform."

"This is not about the lawful possession of a gun," Grace said. "This is about reporting a stolen gun to the police. It's a simple question of responsibility."

Grace said 13 police officers have been shot and killed in Pennsylvania in the last four years by criminals using illegal guns, with the most recent being state Trooper Joshua Miller, who died in a gun fight near Easton on Sunday.

Lisa Armellino spoke against the bill, saying it violates the state's laws on gun registration and ownership. She also worried that "many law-abiding gun owners, if they are victims of theft, will be forced to prove their innocence."

Matt Holden, a Republican candidate for City Council, said the law is "well intentioned" but that Council "is acting outside of the authority that's granted to them."

"We're excited to see movement toward limiting or decreasing or even eliminating gun violence in the city," Holden said. "But just because we have an idea doesn't mean we're allowed to do it."

With passage of the new bill, Lancaster becomes the eighth Pennsylvania municipality to enact the law. The others are Allentown, Philadelphia, Pittsburgh, Reading, Pottsville, Harrisburg, and most recently, Wilkensburg.

The law has been challenged in Commonwealth Court in Philadelphia and Pittsburgh by the National Rifle Association or individuals supported by the NRA.

At issue is whether ordinances enacted at local levels preempt — or supersede — state gun laws. The state law includes a pre-emption clause prohibiting local governments from creating their own gun laws.

Last September, a state court rejected a claim by Philadelphia City Council that gun-control measures it passed in 2007 were not pre-empted by the state Uniform Firearms Act.

Gray said if the city is sued, the Brady Center to Prevent Gun Violence in Washington, D.C., will provide free legal counsel.

E-mail: lalexander@lnpnews.com


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Showing 5 most recent comments out of 49 total TalkBack comments about this article
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You guys asking questions who it applies to.

It applies to NO ONE. If the someone fails to report it, and they charge you, IT'S AN ILLEGAL LAW, fight it and you'll win!

In the process you could sue the city, and win because the state says NO local govt can create any gun laws at all!

Hence why ALOT of people carry to longs park still.

They cannot enforce this law legally for anyone, either in the city or whatever else.

The current STATE law says this:

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


so.........
The Unknown
QUOTE (The Unknown @ Jun 10 2009, 07:08 PM)
You guys asking questions who it applies to.

It applies to NO ONE. If the someone fails to report it, and they charge you, IT'S AN ILLEGAL LAW, fight it and you'll win!

In the process you could sue the city, and win because the state says NO local govt can create any gun laws at all!

Hence why ALOT of people carry to longs park still.

They cannot enforce this law legally for anyone, either in the city or whatever else.

The current STATE law says this:

QUOTE § 6120. Limitation on the regulation of firearms and ammunition.
(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.
so.........


I am on your side, but I think Mayor Gray and his supporters will claim that reporting requirements do not have an impact on the ownership, possession, transfer, transportation of firearms and ammunition. Playing the devils advocate, you tell me how the reporting requirements affect the ownership, possession, transfer and transportation of handguns.

That is why I believe we also need to attack them on the jurisdictional issue. Specifically, you can not require reporting of an event that happened outside your narrow jurisdiction of the City of Lancaster.
jack76590
Why not require the reporting of lost or stolen drugs, legal or otherwise. These are most certainly a more fundamental cause of black urban violence than are the predominately law abiding white gun owners being scapegoated by black (mis)leaders and liberal polititions vieing for their votes.
Has drug money ever been unable to find weaponry, regardless of what gun laws are in place? I think not.
Woodpiggie
All of you should stop complaining.

Mayor Gray and City Council feel really good about themselves over this. Who are you to intrude on their moment of delusional euphoria?

Sure, you could rise up and demand that they raise taxes (again) and actually do something substantive about our crime problems, but that wouldn't make them feel really good about themselves now, would it? It would just make them be responsible custodians of our city and have them work hard and worry and lose sleep and feel bad about stuff.

Stop trying to steal their wet dreams!
citydweller
QUOTE (schmol @ Jun 10 2009, 05:17 PM)
I'm sorry, but Mayor Gray is a A S Shat and now so is the council for voting yes on this illegal gun law. It will be challenged in court and it will be removed from the law books, because no town, city, municipality, township, or borough can invoke any type of gun laws under the PA preemption laws.

when will these people learn that they can not be above the law in this state and be held accountable for their actions. I believe Mayor gray and the council should have charges brought against them...


QUOTE
when will these people learn


It's not when will these people learn, it's when will THE people that vote learn!
grieker
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