PA Bill Number: HB829
Title: In preliminary provisions, further providing for definitions;
Description: An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in preliminary provisions, further providing for definitions;
Last Action: Referred to RULES
Last Action Date: Jul 2, 2024
FOAC Op-Ed: Your View: Open carry gun bill protects constitutional right :: 09/23/2020
Our organization has always trusted in the intelligence and common sense of Pennsylvanians. Further, we have always focused on responsible public policy that protects the rights of citizens as well as holding the lawless in our society accountable.
This is the reasoning behind HB 1747, yet CeaseFire PA would have you think otherwise as outlined in an op-ed that appeared Sept. 17 in The Morning Call (“Your View: How Pennsylvania gun bill would hurt leaders' ability to defuse explosive situations.”)
Once again, CeaseFire PA trotted out the playbook of the sky is falling as it did in 1988 with the concealed carry license changes and throughout the last three decades. The blood will flow in the streets, according to them, and yet it has never happened. Ever wonder why?
Could it be that CeaseFire PA does not trust you enough to understand that we have laws in Pennsylvania that automatically criminalize citizens for conduct that is protected in the Constitution?
Let’s review what current law does and how much at risk individual citizens are. Current law severely curtails a citizen’s right to self-defense and to exercise their Second Amendment/Article 1, Section 21 rights, under the U.S. and Pennsylvania constitutions. Under the governor’s issuance of his opioid proclamation(s), as well as a state of emergency regarding COVID-19, an individual is prohibited from carrying/possessing any firearm on any “public streets or upon any public property” during the state of emergency, unless one has a license to carry a concealed firearm.
A violation of the law is a misdemeanor of the first degree — our highest grade misdemeanor. As a result, if an individual would be convicted of a violation of Section 6107, it triggers the federal prohibition of 18 U.S.C. 922(g)(1); whereby, that individual will be prohibited for life from possessing firearms.
Space limits a complete review of CeaseFire PA’s points so let’s examine just a couple.
The op-ed author wrote, “Emergency situations in which public carrying of firearms are banned are rare in Pennsylvania life.”
This ignores the reality of other emergency declarations (i.e. the opioid epidemic and others), all while openly admitting playing an emotional game of poker. Sorry, but the Pennsylvania Constitution guarantees the rights of citizens to defend themselves, and the state, by force of arms if necessary.
Should the law-abiding business owner should sit back and watch their life’s work go up in flames? Do we have no vested interest in stopping violence before it starts?
The op-ed’s repetition of the assault weapons and large capacity magazines mantra is absurd and rejected by analyzing FBI’s Uniform Crime Reporting report.
“The armed camps converge. Police try valiantly to separate the factions but are simply overwhelmed. Punches are thrown. Then a shot rings out — it is never determined who fired first — and a true firefight ensues. By the time order is restored, 26 people are dead, and dozens wounded.”
Always with the worst-case scenarios.
Law-abiding firearms owners have not and will not start the violence, so allow us to paint a different picture. Mobs decide to burn a business but find themselves faced with law enforcement and armed citizens. Survival instinct kicks in, and they leave the area.
HB 1747 corrects a major flaw in Pennsylvania statute, and restores the rights of citizens to possess and/or openly carry a firearm on “public streets or upon any public property” in accordance with the Pennsylvania Supreme Court decision, Ortiz (1995), and the Pennsylvania Constitution.
The question is: Do you put your faith in constitutional rights and legitimate self-defense by citizens vetted by the Pennsylvania Instant Check System when they purchased their firearms, or do you support rioters, looters, arsonists and anarchists?
Legislators, in the House and the Senate Judiciary Committee, chose to protect citizens from this dangerous law and will soon do the same on the floor of the state Senate, correcting a law that has no place in a constitutional republic.
The only thing in doubt is if Gov. Wolf has the courage to stand up to out-of-state anti-gun carpetbagger groups and protect the rights and lives of citizens.
Kim Stolfer, a resident of McDonald, Allegheny County, is president of Firearms Owners Against Crime, a statewide advocacy group.
