PA Bill Number: SR77
Title: A Concurrent Resolution petitioning the Congress of the United States to call a Convention for proposing amendments pursuant to Article V of the ...
Description: A Concurrent Resolution petitioning the Congress of the United States to call a Convention for proposing amendments pursuant to Article V of the ...
Last Action: Reported as committed
Last Action Date: Apr 30, 2024
PA Preemption - Editorial: Shoot down this move to halt anti-violence effort :: 11/12/2014
National Rifle Association officials and other lobbyists for the gun industry are fond of crying foul of their Second Amendment Rights whenever the least suggestion is made of any kind of gun control.
Their deep pockets have enabled them to ensure that even common-sense gun laws such as the bipartisan, universal background check bill that failed to achieve a supermajority in the U.S. Senate last year, are not enacted.
They are shameless in their advocacy for unconditional gun ownership even with the continuing carnage from mass shootings in this country, not the least of which was the massacre of 20 first graders and six adults at Sandy Hook Elementary School in Connecticut on Dec. 14, 2012.
Of course there is plenty of shame to share with the legislators, both Republican and Democrat, who allow NRA political support to influence their votes at the expense of their constituents’ well-being.
One of the most outrageous examples of this occurred recently in Harrisburg when state legislators passed Act 192, special standing/preemption legislation that allows the NRA and other gun advocates to sue Pennsylvania cities that enact their own gun control ordinances. It also carries the threat of saddling the municipalities with the gun advocates’ legal costs.
Such ordinances are an effort by municipal officials to eliminate the destruction and death wrought by gun violence in their towns.
No one is looking to curb gun owners’ Second Amendment rights. This isn’t about that. It’s about cities trying to make their streets safer.
Of the 40 homicides so far this year in Delaware County, 25 have been in the city of Chester. Twenty-three of those Chester homicides have been shooting fatalities.
Ironically such municipal gun ordinances are essentially unenforceable because they are not sanctioned by the state, which makes Act 192 all the more frivolous. Considering all that state legislators have not accomplished in the last four years including real estate tax and pension reform, passage of a law pandering to their supporters in the gun industry, is truly a slap in the face of their constituents.
So it is encouraging to see that some state legislators and city officials have decided to address these gun advocates in terms they can understand and basically fight fire with fire.
Monday they filed a lawsuit against the Commonwealth of Pennsylvania House Speaker Sam Smith, R-Armstrong County, outgoing Gov. Tom Corbett and outgoing Lt. Gov. Jim Cawley in his capacity of presiding officer of the state Senate, challenging the constitutionality of Act 192.
Plantiffs include the cities of Pittsburgh, Philadelphia and Lancaster as well as state Sen. Daylin Leach, D-17, of Upper Merion, who represents part of Delaware County, and state senators Lawrence Farnese and Vincent Hughes, both Democrats from Philadelphia. State Rep. Cherelle Parker, D-Philadelphia, and state Rep. Edward Gainey, D-Allegheny, also are among the plaintiffs.
Backing their effort is CeaseFirePA, a statewide coalition of mayors, police chiefs, religious leaders, community organizations, and other Pennsylvanians dedicated to eliminating gun violence. Their mission includes stopping the flow of illegal guns onto the streets, and keeping guns out of the hands of people who should not have them.
According to the lawsuit, Act 192 violates the Pennsylvania Constitution in terms of construction and evolution of legislation. It details the ongoing procedural maneuvers, including amendments, extra session days, late voting sessions, and bill re-signings that ultimately resulted in Act 192.
“It’s clear that the Legislature could not pass this unprecedented and dangerous bill through adherence to the usual rules governing the legislative process and instead resorted to ‘an any means necessary’ mindset to get this bill in front of the governor. Such actions naturally result in bad laws,” CeaseFirePa Executive Director Shira Goodman said.
Goodman noted that the lawsuit is meant to challenge “these procedural games.”
Indeed such legislation is nothing more than an effort to intimidate municipal officials from taking measures that would reduce the number of guns on their streets and subsequently reduce gun violence. While Pennsylvania voters last week maintained the Republican majorities in the House and Senate, their unqualified ouster of Republican Corbett as governor made it clear that they are unhappy with the state of the commonwealth.
They are tired of political games taking priority over their well-being, and that includes frivolous laws designed to cater to the gun industry. It shouldn’t take a lawsuit for Pennsylvania legislators to get the message.
