Lancaster mayor fumes over Pa. gun bill
The bill would allow judges to impose triple damages against a city over ordinances requiring the reporting of a lost or stolen handgun
  • Rick Gray

By BERNARD HARRIS
Lancaster
Published Feb 08, 2012 23:19

Pending legislation in the state House of Representatives would allow the National Rifle Association to sue Lancaster and 29 other Pennsylvania cities.

The bill, co-sponsored by six of Lancaster County's eight House members, would allow judges to impose triple damages against a city if a court finds its ordinance requiring the reporting of a lost or stolen handgun to be illegal.

"They ought to be ashamed of themselves, to try to penalize communities that would regulate illegal guns because they don't have the guts to do it themselves," Lancaster Mayor Rick Gray said.

The 30 Pennsylvania cities passed ordinances requiring gun owners who discover their handgun has been stolen or lost to report that fact to police. The city-level initiative began after the General Assembly failed to pass a state law in 2008.

Lancaster city's ordinance, passed in 2009, requires reporting within 72 hours of discovery or owners could face fines up to $1,000 or 90 days in jail.

The intent of the local ordinance 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 used in a crime, the original purchaser might claim the gun was lost or stolen. A lost-or-stolen ordinance attempts to hold such people accountable.

The House bill was voted out of the House Judiciary Committee Monday without a public hearing. It was slated for a vote by the full House on Wednesday, but it was tabled as members continued debate over Marcellus Shale drilling.

Max Nacheman, executive director of CeaseFirePa, said he expects the bill to return for a vote later this week or maybe next week.

The bill is supported by Reps. Ryan Aument, Tom Creighton, Bryan Cutler, Gordon Denlinger, John Bear and David Hickernell, all of Lancaster County.

All were called for comment.

Denlinger, a Republican whose 99th District encompasses the eastern part of the county, said the bill is an attempt to apply consistent statewide standards to gun laws.

"The problem is that citizens don't know the laws when they drive across municipal boundaries," said Denlinger, of Narvon.

Gray and other opponents argue there should be a statewide standard. The 30 cities and towns across the state that have enacted ordinances show a broad range of support. Another 18 municipalities passed resolutions of support for a statewide lost or stolen handgun reporting standard.

Those that are not supporting a law are the outliers, they argue.

Denlinger doesn't agree.

"If there was a political movement to support the mayor's contention, it would come up and be supported and that is not the case in the Pennsylvania State House," he said.

Cutler, the Republican whose 100th district includes most of the southern part of the county, said he believes the proposed legislation is broader than just the lost or stolen gun ordinances.

He said it intends to pre-empt any municipal ordinances regulating such things as limits on ammunition, the number of guns that can be purchased and where guns can be carried.

"I think there is a lot of potential for inappropriate ordinances to be passed that unconstitutionally restrict your second amendment right to keep and bear arms," Cutler said.

The only two members of the county's House delegation who are not listed as co-sponsors are Scott Boyd and Mike Sturla, whose district is based in Lancaster city.

In an amendment to the bill, approved Monday, the legislation would grant legal standing to "a membership organization … that is dedicated in whole or in part to protecting the legal, civil or constitutional rights of its membership."

That language would seem to include the National Rifle Association, which has made the protection of Second Amendment rights its mission.

That NRA was unsuccessful in its attempt to challenge 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.

The National Rifle Association's Pennsylvania spokesman was traveling Wednesday afternoon and could not be reached for comment, a representative at the group's national headquarters said.

Along with CeaseFirePa, the other organizations lining up to oppose the bill include the state associations of chiefs of police, district attorneys, county commissioners and the League of Cities and Municipalities.

Gray noted the opposition to the measure from the state's law enforcement community.

"Quite frankly, I think it's pathetic that they pander to people whose interest is not public safety, but some ethereal interest in the right to a gun," the mayor said.

He condemned the legislators for penalizing cities financially rather than responding to the financial crisis many Pennsylvania cities are facing.

The bill would allow someone who successfully sues a municipality over a gun ordinance to seek reimbursement for double their actual damages, attorney fees and costs even if the municipality repeals the ordinance before a ruling is made in the case.

If a judge finds the municipality violated the state pre-emption law, the court also may impose a $5,000 penalty and the plaintiff can seek triple damages in addition to their costs and attorney fees.

bharris@lnpnews.com

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