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March 2008 Issue 161 |
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ALLEGHENY Contacts:
Legislative Committee Chairman, Kim Stolfer (412.221.3346) - activist@fyi.net
Legislative Committee Vice-Chairman, |
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House Bill 1845 has come out of
Appropriations Committee and is scheduled for a floor vote this coming Monday,
March 17. The original language in the
bill dealt with increasing the punishment for possessing a firearm with altered
or obliterated marks of identification.
By March 12, this past Wednesday,
five amendments have been added to this legislation for consideration on the
floor by the full House of Representatives.
Two of the amendments deal with pro-gun pieces of legislation. Specifically the language from House bill
1029 that requires that the government given exemption for individuals who
possess a concealed carry license when they purchase a firearm from going
through the instant check. The other
pro-gun amendment is the entire text from house Bill 641, which is known as the
Castle doctrine.
The real problem comes from the
language in the amendments submitted by Representative Levdansky who is seeking
to pass the concept of mandatory reporting of lost or stolen guns. This amendment offers language that will not
only introduce onerous consequences for unintended violations of this law by
law-abiding citizens but it will place unnecessary and costly burdens on
firearms dealers throughout the Commonwealth.
More to come on this legislation as
developments are unfolding virtually every hour as we close in on the Monday
deadline for deliberations on this legislation.
Former teacher to take on
By Jane Smith
03/12/08— An unusual gun-rights case that has the potential of overturning state law appears to be headed for a hearing in the Crawford County Court of Common Pleas.
A Guys Mills-area man has appealed a decision by the county sheriff to revoke his permit to carry a concealed firearm.
Not only does Gary A. Young of
Young, a former
In his appeal, Young denies that characterization of him.
He claims that had Hoke conducted an investigation — as required by law — Hoke would have concluded that Young wouldn’t be likely to act in such a manner.
In addition, Young said the law requires that the notice of revocation must state a specific reason for the action and Hoke’s did not.
Furthermore, Young said the law provides in part that a license to carry a concealed firearm may be revoked for “good cause.” Young said Hoke failed to state the facts for a good cause to revoke his license.
In his appeal, Young said his
permit to carry a concealed firearm can’t be taken based only on the sheriff’s
opinion, and he claims Hoke’s action was “arbitrary and capricious.”
The appeal further said the state’s Firearms Act is in violation of the state
and federal constitutions with respect to due process of law.
Hoke said Tuesday he has 20 days from last Thursday to file a response to the appeal and his response is being handled by the county’s attorney.
Young said he was asked by his
attorney not to comment on the case and referred questions to him, Michael
McCormick of
No date has been set yet for a court hearing on the appeal.
In a previous interview, Young said he didn’t know why Hoke would have revoked his permit.
The stipulation in state law about
character and reputation hasn’t been invoked in
Since taking office in January, Hoke hasn’t revoked any permits.
Bob Stevens, who served as
Showdown in
Supreme Court set for March 18th
by
Dave Workman, Senior Editor
It
may become the longest 90 minutes in American history: the amount of time
scheduled Mar. 18 for the Supreme Court to hear oral arguments in the case of
District of Columbia v. Heller, in which the meaning and intent of the Second
Amendment is on the line.
Attorneys
representing plaintiff Dick Heller and the District of Columbia (DC), and
Solicitor General Paul Clement will each get 30 minutes before the nine
justices to present their arguments. A ruling is expected in June, and attorney
Alan Gura, who will argue the gun rights case for Heller, told Gun Week that
this is probably the biggest case before the high court this year, and as a
result, the ruling may not be issued until the court's final day this session.
"The
big ones, they wait until the end," Gura said.
"They want to have plenty of time to consider the case."
It
was the same way several years ago when the Supreme Court waited until its
final day to hand down the ruling that found part of the Brady Gun Control Law
unconstitutional.
It
is likely the arguments will be presented before a packed audience, but only
the attorneys will be permitted to speak. During the 30-minute presentation by
each attorney, justices will ask questions about key points, Gura said.
Attorney
Walter Dellinger will argue DC's case, which seeks to uphold a 32-year-old
handgun ban in the city, and also contends that the Second Amendment does not
affirm an individual right, but only a collective right of the states to
organize militias. That has also been the position of gun control organizations
including the Brady Campaign to Prevent Gun Violence.
Gun
rights organizations, including the Second:• Amendment Foundation, National
Rifle Association, Citizens Committee for the Right to Keep and Bear Arms, and
Gun Owners of America have filed amicus curiae briefs in the case.
Additionally, 55
Attorneys
general in 31 states, including Texas, Washington, Florida, Montana, Idaho,
Utah, Colorado, Wyoming, Michigan, throughout the South and along the Great
Lakes and Ohio River valley agree that the handgun ban should be struck down,
while attorneys general in New York, Hawaii, Massachusetts, New Jersey and
Maryland support the handgun ban.'
Attorneys
general in
Clements'
brief on behalf of the Bush Administration contends that the Second Amendment
protects an individual right, but also argues that laws regulating firearms
should be subject to a lower degree of scrutiny. The Clement brief wants the
court to remand the '- case back to the appeals court, and also wants to
protect all existing federal gun statutes.
The
arguments come less than a month after USA Today published the results of a
Gallup poll that found 73% of adult Americans believe the Second Amendment
affirms an individual civil right, and that 91% of American gunowners insist
that it is an individual right. The poll further showed that 63% of non-
gunowners also believe it is an individual right. The survey was conducted Feb.
8-10 and contacted 1,016 adults with a 3% margin of error.
Dellinger
will lead off the oral arguments, saving some of his 30 minutes for rebuttal.
It is not yet clear who will follow, either Gura or Clement, but they will have
a solid 30 minutes to present their arguments and answer questions from the
justices.
The
landmark case has been under constant debate for months, essentially because it
has the potential to alter if not upend the political and judicial landscape
regarding private gun ownership in the
Conversely,
gun rights advocates are hopeful for a ruling that upholds the individual right
interpretation, as it will provide momentum to challenge those same restrictive
gun laws.
An
individual rights ruling will reverse judicial attitudes about the right to
keep and bear arms at the appellate level. Federal appeals courts, including
the 9th Circuit in
Gura
told Gun Week that he has good feelings about his chances before the high
court.
"I
think it's a great case," he said, "and I think we're in great shape.
I'm glad I don't have to be arguing the other side of it."
The
ruling will come down at the height of the presidential campaign season as
parties prepare for their nominating conventions this summer. It will bring the
issue of gun rights to the fore in a campaign in which both sides have been
doing everything possible to avoid the gun rights issue.
In
recent months, Sens. Barack Obama and Hillary Clinton have both considerably
shifted earlier positions on gun rights, with both now insisting they support
the Second Amendment as an individual right, but with "reasonable
restrictions." Both Clinton and Obama have long records supporting
restrictive gun control.
Ironically,
the case has also caused the Bush Administration to soften its hardcore stand
on the Second Amendment from the days when former Attorney General John
Ashcroft made it the official Justice Department position that the amendment
protects an individual right. With the Clements brief, the Administration now
has taken the position that there is an individual right, but it is subject to
"reasonable" regulation. The New
GUN WEEK, March 15, 2008
******Mark your calendars Now: April 7, 2008********
Gunowners Help Needed To Stop
Throughout the Rendell
administration gun owners have been the misdirected focus of efforts to control
and stop crime. With the willing help of the
Now we ask your help again as it is
ONCE AGAIN TIME for gun owners to step up and let your voices be heard in the
halls of power in the
On Monday, April 7, 2008 the Second
Amendment-Second to None Rally in Harrisburg starts at 10AM in the rotunda
(plan on being there at 9:00am) to celebrate our constitutional right to bear
arms and to advance our mutual interests in freedom and legislation we have
asked to be introduced that would achieve those goals. We cannot get
there without your help! Up until now we've managed to show an increasing
interest in the direct involvement of gun owners with each prior rally building
upon the last. What we are looking for this time is a dramatic example of
the desire of citizens to protect the freedoms that are an inseparable part of
our heritage. We would like to see thousands of gun owners devote one day
of their time in an election year to coming to
This is an opportunity for all of
us to be able to say to those in
In the end it is all up to you as
to whether or not you believe this right is important enough to turn off the TV
or push away from the keyboard and learn how to really fix politics
because at this rally each one of you will have the opportunity to join in the
team that goes around and personally makes a political statement to each
legislative office in the capital. This is a grassroots rally! It
is meant to be your presence that is important and that is why we are going to show
you how
Right now we have a slim majority
in the legislature who will act appropriately when gun control is brought
before them and the key leaders within this majority have worked tirelessly to
set up this rally and to advance and promote legislation that will achieve
those goals. This is a pivotal moment in
Please join with us on April 7 and we look forward to
working with all of you!
**Here is how the events will unfold on April 7th:
9:00AM Sign up, get your
second amendment badges, and organize into groups under team leadership. Getting
gun owners organized is a lot like herding cats or stacking marbles on a moving
ship in the ocean.
10:00AM Press Conference with legislators and second amendment leaders (lasting approximately about 1 hour).
11:00AM After the press conference everyone will break up into smaller groups under team leadership. Your team leader will take you to specifically assigned state reps so that all 203 of them will hear from gun owners all across the state. Once these assigned legislators are visited then each team will float to other Representatives in the Senate and House including the personal representative of each attendee. The biggest issue is that ALL 203 Reps and 50 Senators hear from gun owners, especially the anti-gun legislators that introduce these bills intended to strip your rights away. Your team leader will break around lunch time, after lunch meet up with your team leader to finish up. We plan these legislative lobbying events to run between 9am and 3pm.
You can help even further by doing the following:
Download the flier, print lots of copies, take it to your gun clubs and post it, take it your local gun stores have them post it as well, email all of your gun owning friends and relatives, let the word go far and wide across PA -- shout it loudly so that everyone knows the Second Amendment Is Second to None. Also visit the ACSL & PFSC websites and view the list of proposed firearm laws pending in Harrisburg. (Courtesy of ACSL Legislative Committee)
CONSERVATIVES FOR OBAMA
By Dennis Pavlik
February 28, 2008
CopyRight All Rights Reserved
The
fictional Sherlock Holmes once said: “When you eliminate the impossible,
whatever is left must be the truth no matter how improbable.” In this year’s presidential race all of the
conservatives have been eliminated. I
would recommend Mike Huckabee, as an acceptable alternative to the remaining
field but fear it is too late for him to be elected. This leaves three candidates: John McCain,
Hillary Clinton, and Barack Obama, one of whom will be president: As a conservative, I pick Obama.
When
I pick a president I evaluate three criteria:
What are their policies on issues important to me; How will they lead the
debate and other elected officials; And their effectiveness in implementing
their policies.
Consider
John McCain. He introduced and
spearheaded McCain/Feingold – The bill to silence grassroots activists and put
the process in the hands of the political elite, big donors, and liberal
media. He indicated a favorable leaning
toward reintroducing the “Fairness Doctrine” which would eliminate the
conservative voices from the airwaves.
He worked diligently for Amnesty to Illegal Aliens and against border security. He is supporting “Hillary Light” socialized
medicine. He was against the Bush tax
cuts and simply doesn’t understand that you can lower tax rates and increase
revenue simultaneously.
For
you conservative Pennsylvanians – McCain is to the
McCain
will be effective in getting his agenda through Congress. He knows how to use power and punish those
that threaten. I believe a McCain
presidency will destroy the conservative movement. His election would establish
a low bar for the Republican Party – Simply put: All you gotta be is a little
to the right of the leftists and they have to vote for you. The Republicans in Congress will have to
support their president, so coupled with the Liberal Democrats he will be able
to get his Globalist agenda passed.
McCain is the slow boat to a Socialist America.
Now
look at Hillary. Her policies are right
out of the Socialist playbook. She is a
jet plane to socialism. Like McCain she
promotes socialized medicine, global warming, control of the economy, and
banning your right to self-defense. She
supports open borders and Amnesty to Illegals.
She is for a faster surrender to the terrorists than McCain. Hillary’s masquerade as a middle of the
roader would allow her to be a very effective president and advance her
agenda. She demonstrated this to my
satisfaction in her role as fixer in her husband’s administration. I believe she would use the full power of the
government – like the IRS and FBI to destroy her political enemies. The Democrats will back her as the Republicans
would back McCain.
This
leaves Obama – He is the rocket ship or “Star-gate” to the Socialist takeover
of
In
1996 I was at a World Federalist Association Dinner. The speaker told the audience the
presidential election was over, they won.
Stop any efforts on that race and concentrate on the Congressional Races
and continue establishing their agenda in the social fabric (schools, media,
social organizations). I commented that
it appears they had written off Dole and were confident of a Clinton
Victory. The speaker said they hadn’t
written off Dole, it’s that he is a Globalist as well as Clinton, just a slow
boat compared to a jet plane, both are going to the same port.
Sun
Tzu said if you present the enemy with only bad choices so he is forced to
choose the lesser of defeats, you will have ultimate victory. This is what our enemies understand. This is the dilemma we are in. Unfortunately the presidential race is
over. We have only evil to choose
from. This is why we must write off our
losses, choose the lesser of the evils, Obama. And concentrate on battles we
can win.
©
Copyright 2008, Dennis Pavlik, All Rights Reserved R7
(The above article represents the private personal
views of Dennis Pavlik and does not represent any official position of FOAC
regarding the upcoming Presidential race.
The material presented herein is submitted to all gun owners for informational
purposes and to educate gun owners on the wildly varied views that currently
exists regarding these candidates in the public domain. As always it is our position that we respect
the right of each citizen to decide on a candidate based on their own values
and beliefs!)
Obama,
Clinton say they support lawful gun use, but with limits
by
Dave Workman, Senior Editor
Democrat
juggernaut Barack Obama, the less-than-one-term senator from Illinois who, when
he served in that state's legislature supported stiff gun laws and a handgun
ban, now insists he supports the Second Amendment right to keep and bear
arms... "for the purposes of hunting and target shooting."
It's
right there near the top of his BarackObama.com campaign website,
where he insists that if he is elected president, he will "will provide
state game and fish agencies with additional resources and encouragement to
reach out to young men and women to educate them about hunting and fishing
opportunities, hunter safety, and the basic principles of fish and wildlife
management.
Obama,
who admits that he "did not grow up hunting and fishing, but he recognizes
the great conservation legacy of America's hunters and anglers and has great
respect for the passion that hunters and anglers have for their sport,"
has reportedly backed off—at least for the duration of the campaign— positions
he took as an Illinois state senator in which he supported a ban on the sale or
transfer of "all forms of semiautomatic weapons" and legislation
that would "increase state restrictions on the purchase and possession of
firearms."
He
did not favor "allowing citizens to carry concealed firearms" and he
would "require manufacturers to provide child- safety locks with
firearms." This information was gathered by a Project Vote Smart
questionnaire.
While
Obama has largely avoided the gun issue, as has Sen. Hillary Clinton, during
the campaign, that may change abruptly when the Supreme Court rules later this
year on the case of District of Columbia v. Heller, the challenge to the Washington,
DC, handgun ban that will clarify the meaning of the Second Amendment.
Obama's
campaign website insists that if he becomes president, he will work to expand
access to places to hunt and fish. He supports the Open Fields Incentives
legislation that "provides incentives to farmers and ranchers who
voluntarily open their land to hunting, fishing and other wildlife-related
activities."
Serious
questions remain in the gun rights community about Obama's sincerity on gun
rights and hunting issues, considering his lengthy track record and previous
positions on firearms ownership. According to a Dec. 22, 2007 story in USA
Today, Obama, who hails from the
However,
he insists that "reasonable restrictions" on the possession of
handguns are feasible, and he has maintained that the handgun ban in
When
he served in the
On
his website there is a statement about Obama's "respect" for the
Second Amendment.
"Millions
of hunters own and use guns each year," his statement reads. "Millions
more participate in a variety of shooting sports such as sporting clays, skeet,
target and trap shooting that may not necessarily involve hunting. As a former
constitutional law professor, Barack Obama understands and believes in the
constitutional right of Americans to bear arms. He will protect the rights of
hunters and other law-abiding Americans to purchase, own, transport, and use
guns for the purposes of hunting and target shooting."
There
is not a word about self-defense, or the right to protect one's property, or
right-to-carry laws.
Meanwhile,
The Washington Bureau Mouth of the Potomac reported that
That
came up in the Q-and-A session after a woman asked about dealing with shootings
such as the NIU shooting
She
went on to propose:
"I
believe we really should have a summit where everybody comes together on all sides
of this issue,"
Ammo registration proposed in 10 states
(PA—HB 2228)
by
Dave Workman, Senior Editor
Controversial
ammunition coding legislation introduced in at least 10 states that gun rights
activists believe will lead to creation of de facto state handgun registries
can be traced to a consulting firm in
Four
anti-gun Democrat lawmakers in the Ever- green State are backing legislation
that would require all pistol ammunition sold there to be coded beginning on
Jan. 1, 2010.
Virtually
identical legislation has been introduced by five anti-gun Democrats in the
Gun
Week contacted Briahna Taylor, a governmental affairs consultant with Gordon
Thomas Honeywell, but she referred us to Steve Mace, president of Ammunition
Coding System (ACS), the Seattle-based firm that now has a patent pending on
this bullet coding technology. Ultimately, we were contacted by Russ Ford, ACS
vice president for research and development.
The
Gordon Thomas Honeywell Governmental Affairs website lists ACS as one of its
clients.
The
same model bill language used in Washington and Arizona has also been used as
the basis for legislation introduced in New York, Illinois, California, Hawaii,
Tennessee, Maryland, Pennsylvania and Mississippi. Pushing this legislation
nationwide is a group calling itself Ammunition Accountability, not to be
confused with ACS.
Ford
said he and his partners developed the original language for the sample
statute, working "closely with some legislators and a lobbyist, a retired
deputy sheriff in
"The
basic premise of the bill came out of
Anti-gun
Sen. Edward M. Kennedy (D-MA) and Rep. Xavier Becerra (D-CA) recently
introduced "The National Crime Gun Identification Act," which would
mandate gun microstamping in all 50 states.
Coding
and microstamping,
ACS
acknowledges on its website that "The implementation of the ACS technology
will require legislation to establish an ammunition sale database. In those
states that have already developed and implemented bar-coding systems that
include driver's licenses and other forms of identification, the integration of
a database system to record ammunition sales will be relatively simple and
inexpensive to implement."
Ford
told Gun Week that his motivation for pushing this technology is to separate
responsible firearms owners from people who are misusing guns.
He
also acknowledged that "our ultimate goal is to license the technology"
to ammunition companies. Both he and Mace have other jobs, and the ammunition
coding venture actually involves four friends, including him and Mace, who
attended high school together. All are gunowners, Ford said.
He
claimed that tests conducted a couple of years ago showed that laser etching
can be done very fast, so that it would not slow down ammunition assembly
lines.
In a
"Q&A" link on the ACS website, the company insists that
ammunition coding does not violate the Second Amendment, nor does it amount to
a "backdoor gun registration scheme."
The
ACS website explains that, "State and federal legislative proposals to
implement ACS would be based upon the existing firearm dealer licensing and gun
tracing statutes enacted by Congress in 1968. The United States Supreme Court
has, on numerous occasions, affirmed the constitutionality of the licensing and
tracing provisions of the current federal law.
"Moreover,
even the National Rifle Association supports the privacy protections contained
in federal gun tracing regulations," ACS stated.
However,
that does not mean the NRA supports cartridge etching. The NRA and Citizens
Committee for the Right to Keep and Bear Arms, both oppose cartridge coding
legislation.
"Legislation
could be carefully drafted to insure that any information acquired under an ACS
program could not be used to single out gunowners or function as a gun
registration scheme. When a bullet or cartridge case is recovered at a crime
scene, only duly authorized law enforcement agencies would have access to ACS
bullet coding information. The ACS 'trace' would be completed using the same
proven methods used by federal, state and local law enforcement agencies today
in conducting crime gun traces. Only minimal personal identifying information
is necessary to make ACS technology work (less personal information than is
disclosed under normal circumstances by a person making a purchase by credit
card or check)."
Activists
Disagree
Many
gun rights activists don't see it that way, however. Heated discussions about
the legislation have erupted on both TheHighRoad.org and KeepAndBearArms.com
Internet gun rights forums.
Some
directed their wrath at Democrats, whose party has traditionally pushed gun
control schemes while New Jersey gun rights activist Michael Everall suggested
that all of these bills are being promoted "by a single vendor as a
commercial enterprise; in effect using (state legislators) as their sales force
(without paying them)."
Ford
acknowledged that "We are decidedly in favor of recouping our investment
in this. We are a for-profit enterprise... and we would like to turn a profit
someday."