Volume 7, No. 8                www.foac-pac.org                   August 11, 2007

 

Firearms Owners Against Crime

 

"On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed." -- Thomas Jefferson (letter to William Johnson, 12 June 1823)

 

 

E-Newsletter & FOAC Meeting Notice

August 12, 2007

 

Meeting Agenda-

 

Invited Guest Speakers:

·        Mark DeSantis (Rep. candidate for Mayor of Pittsburgh)

7.0     Treasurers Report

7.1     Presentation of the past month’s report

8.0     Old Business

8.1              None

9.0 NEW BUSINESS

9.1              PA General Election Preliminary Assessment

9.2              Harrisburg developments and legislative review

9.2.1        SB 623 and amendments (PA)

9.2.2        Rendell & PA Black Caucus Fall Anti-Gun Offensive Plans

9.3              Pro-Gun Agenda Developments – (HB 1235 & HB 641)

9.4              Upcoming Political Events (Staback, Kortz/Gergely, etc.)

9.5              Peters Twp. (Washington County) Anti-Gun Ordinance Attempt

9.6              Ellwood City Anti-Gun Ordinance Enactment

9.7              Educational efforts for new legislators

9.8              Membership committee developments

Federal issues:

9.9              HR 2640 & OSHA Regs on guns and components & Immigration Legislation

 

**Upcoming Gun Show:  Sept. 13th & 14th (Harmarville--PGCA)

**Upcoming Outdoor Show:  Sept. 22nd – 29th (Bloomsburg Fair/Bloomsburg, PA)

 

For more information on FOAC efforts to ‘Protect YOUR Rights’, THE MOST CURRENT VOTER’S GUIDES, donating to or becoming a member of FOAC please click on this link: http://www.foac-pac.org/

 

FOAC - 2007 Meeting Schedule

Jan 14, 2nd Sunday, Feb 11, 2nd Sunday, Mar 11, 2nd Sunday, Apr 15, 3rd Sunday, May 6, 1st Sunday, Jun 10, 2nd Sunday, Jul 8, 2nd Sunday, Aug 12, 2nd Sunday, Sep 9, 2nd Sunday, Oct 14, 2nd Sunday, Nov 4, 1st Sunday, Dec 9, 2nd Sunday

**Time of Meeting:  10:00 AM

**Location: Whitehall Borough Bldg (off Rt.51 – ask for directions)

****Coffee and Donuts will be provided

***Primary Election -- May 15 (Results Finalized)

***General Election -- Nov. 6

 

 

 

 

Peters Township Gun Ban Stopped by ACSL & Local Gun Owners

On July 23 residents of Peters Township of Washington County showed up at the council meeting to protest and express their dissatisfaction with enactment of an ordinance that prohibited possession of firearms on borrowed property to include parks and all trails.

The Allegheny County sportsmen's league legislative committee along with members of the Dormont/Mt. Lebanon Sportsmen's club made it clear in no uncertain terms that this legislation was not only illegal but would lead to more victimization and not make anyone in the Township safer.  It was plainly apparent to everyone in attendance that counsel was very surprised at the reaction and level of support expressed by individuals of the Township as well as supporting organizations.  In addition to the Allegheny County Sportsmen's League, Second Amendment Sister’s state director, Judy Brown was there as well.

Ron Boocks, 21, asked council to rescind the ordinance, saying he frequently uses walking trails alone and citing statistics that show firearm ownership reduces crime.  Allegheny County Sportsmen's League, Inc. legislative committee Chairman Kim Stolfer told council it broke the law and may have committed a misdemeanor by passing the ordinance.  "The Pennsylvania Crimes Code makes it illegal to enact ordinances of this type," Stolfer said.  Under Pennsylvania law, residents who hold a license to carry firearms are permitted to possess and transport them anywhere in the state except onto school property or courthouse facilities. A specific provision in the state law prohibits counties and municipalities from regulating the possession, ownership or transportation of firearms.

(Ellwood City Council Ignores NRA Letter!)

These actions are part of a larger hole of a broad attack on gun owners and gun ownership throughout the state of Pennsylvania.  Ellwood city recently enacted a similar ordinance that banned the possession of firearms on all city property including parks any municipal buildings.  Unfortunately the outcome in that area is much less clear due to the fact that gun owners were not motivated and actively solicited to get involved.  Elwood city Council arrogantly rebuffed the NRA complaint letter filed with the mayor and the entire city Council.

At this time the Peters Township Council has been offered our assistance to assist them in drafting language that comports with Pennsylvania law.  Since the July 23 meeting no further contact with Council has occurred.  A follow-up effort is planned in the near future to ascertain their intentions on this ordinance.

 

Hunting licenses & Social Security Numbers

On November 29, 2006 Governor Ed Rendell signed into law house Bill 2134 known as Act 160.  This legislation was intended to provide sportsmen and outdoors enthusiasts with the opportunity to acquire hunting licenses without being forced to submit their Social Security number in public and provided for alternate means of identification.

Proving that the devil is in the details, government agencies were given one year to prepare for this change in license issuance procedures.  It was the responsibility of the Department of public welfare were known as DPW to submit to the federal government for an exemption to the federal law requiring the submission of Social Security numbers for licenses.  As of the writing of this report the Department of DPW has not submitted that request to this federal government and the legislative committee has been informed that this will occur by October 31 of 2007, supposedly.  The one-year period for preparations to adjust to this alternate method of acquiring a hunting license begins from the moment of approval by the federal government and as of this writing that point is uncertain at best.

The sponsor of House Bill 2134, Representative Russ Fairchild, is angry about how poorly the implementation of this law has been handled.  In fact angry is a very weak way of explaining exactly his feelings on this issue.  He has promised to do what he can to spur along the agency to follow the laws guidelines however he points out that this agency, the Department of DPW, is controlled by the governor's office who is not a friend of gun owners or sportsmen.

At the heart of all of this is a continuing legacy of politics controlling every facet of our lives in the unwillingness of many sportsmen to understand that they must get involved if we are to change the face of politics and make our lives better.  The alternative is to submit like sheep to the ever encroaching bureaucracy that faces every facet of our lives.

The legislative committee will be contacting every congressman and Congresswoman from Pennsylvania on this issue requesting their support for an expedited granting of exemption when Pennsylvania's Department of DPW finally submits a request.  We will report on the progress of this issue as changes occur.

 

Election Issues-Judicial:

 

Justice wouldn't go along with raises

Erie Times Article published Aug 8, 2007

Most Pennsylvanians have never heard of state Supreme Court Justice Thomas Saylor. And many voters will struggle in November to decide whether Saylor deserves retention. Here's a reminder of why we hold him in high regard.

Saylor is the justice who cast the lone dissenting vote in September against reinstating pay raises for elected judges. Saylor's colleagues didn't agree. The court incredibly ordered retroactive judicial raises on grounds that the pay-raise repeal violated a constitutional ban on lowering pay for judges.

The majority allowed the repeal of the legislative raises to stand because it said the Legislature had violated the state constitution by permitting members to collect illegal midterm pay raises in the form of "unvouchered expenses."

Has there ever been a more maddening example of any court wanting it both ways?

Saylor is the only state Supreme Court justice up for retention and, yes, that might have factored into his thinking. But he did the right thing.

In his minority opinion, Saylor said he would not have reinstated the judicial raises. Saylor also said he would have voted to overturn a 1986 state Supreme Court ruling that he said formed the legal backdrop for the unvouchered expenses that allowed greedy legislators to collect raises early and led to the public outcry and the pay-raise repeal.

Voters will have to make their own decisions on Saylor's retention, but it doesn't seem like a hard call to us.

 

     Proposed Anti-gun Legislation:

HB 0018      HB 0020      HB 0021      HB 0022

HB 0023      HB 0024      HB 0025      HB 0028

HB 0029      HB 0030      HB 0073      HB 0277

HB 0291      HB 0452      HB 0467      HB 0485

HB 0608      HB 0649      HB 0760      HR 0035

 

News Briefs:

 

OSHA to Revise Ammunition Regulations

After intense direct lobbying by the National Rifle As­sociation (NRA), the National Shooting Sports Founda­tion and a blizzard of emails from gunowners and gun shops, the Occupational Safety and Health Administra­tion (OSHA), an agency of the Department of Labor, has announced that it will review and revise a regulatory proposal that would have severely impacted gunowners and the ammunition industry.

The proposed OSHA rules were intended to expand pro­tections to employees engaged in the manufacture, storage, sale, transportation, handling, and use of explosives, but as written would have included small arms ammunition, blackpowder, smokeless propellants and primers used by handloaders. The proposal, as originally published in the Federal Register in April, was estimated to have cost the in­dustry and consumers more than $100 million per year.

For example, manufacturers and retailers would have had to shut down and evacuate a factory or retail shop when a thunderstorm approached. Customers with ciga­rette lighters or matches would not be able to enter a store or other facility or vehicle with blackpowder, small arms ammunition, primers, and smokeless propellants, which were treated like the most volatile high explosives.

The Sporting Arms and Ammunition Manufacturers' Institute (SAAMI) had also met with OSHA representa­

tives before the agency announced that a 60-day exten­sion for public comment to Sept. 10 had been ordered. Concerns about the safety regulation proposal were raised in a July 11 letter to OSHA signed by Rep. Denny Rehberg (R- MT) and 25 other members of the US House of Representatives. Rehberg had also planned to offer a floor amendment to the Labor, Health and Human Services ap­propriations bill that would prohibit federal funds from being used to enforce the proposed OSHA regulation.

On July 16, Kristine A. Iverson, assistant secretary of Labor for Congressional and Intergovernmental Affairs, wrote to Congress to state "it was never the intention of OSHA to block the sale, transportation, or storage of small arms ammunition" and that OSHA is taking prompt ac­tion to clarify the purpose of the regulation.

While OSHA has not withdrawn the proposal alto­gether, Iverson's letter promised that a significantly re­vised proposal would be filed promptly and "will be sub­ject to substantial review and scrutiny to ensure that the revisions are prudent and the intent is clear." She said the new proposal would endeavor to "eliminate un­clear, inconsistent and repetitive requirements contained in the current standard." OSHA undertook the rulemaking to update the existing explosives standard, which has not been changed for more than 35 years, Iverson explained.

OSHA had originally set out to update workplace safety regulations, but the proposed rules included restrictions that very few gun shops, sporting goods stores, shippers, or ammunition dealers could have complied with.

Also working with the NRA to gather signatures for the letter to OSHA from Congress was Rep. Doug Lamborn (R-CO). The letter called the proposal "an un= due burden on a single industry where facts do not sup­port the need outlined by this proposed rule" and "not feasible, making it realistically impossible for companies to comply with its tenets."

Among the requirements heavily criticized by indus­try experts is a mandate that manufacturers of ammu­nition and smokeless propellants would have to shut down their operations and evacuate their factories if a thunderstorm approached. Under the same regulation, NSSF and others contend were onerous, retail custom­ers would not be permitted within 50 feet of ammunition displays or counters unless they are first searched for cigarette lighters or matches.

The document as published in the Federal Register raises this as an issue for discussion, noting that OSHA is seek­ing specific comments on whether the proposed rule change would have an impact on the storage and retail sale of small arms ammunition, small arms ammunition primers and smokeless and blackpowder or substitutes. The New GUN WEEK, August 1, 2007

 

ATF Seizes Gun In Alleged Boston Globe `Straw' Buy

by Dave Workman Senior Editor

It appears the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is investigating an anti-gun Boston Globe columnist and the head of a Massachusetts, UN control group for their self-confessed “straw purchase" of a handgun in 2005 that they boasted about during a live talk show segment July 10 on WRKO 860 AM.

John Rosenthal, head of Stop Handgun Violence in Massachusetts and until recently, president of the American Shooting and Hunting Association Foundation, and Globe columnist Steve Bailey revealed stunning details of the gun purchase dur­ing a broadcast with WRKO's Tom Finneran and Todd Feinburg. Gun rights organiza­tions and activists called for an immediate investigation. The Second Amendment Foundation called for an ATF probe and asked Globe Editor Martin Baron to fire the columnist, Steve Bailey. Gun Owners Ac­tion League honcho Jim Wallace, who first complained about the WRKO slot, was cer­tain a crime had been committed.

While the Globe may not dismiss Bailey, it appears the ATF moved swiftly, contact­ing one of the men involved in the purchase at his New Hampshire workplace, and sub­sequently confiscating the gun, according to Bailey's July 20 follow-up column.

Rosenthal and Bailey both said they enlisted the help of a New Hampshire resi­dent identified as Walter Belair for the alleged purchase.

In his column, a very miffed Bailey wrote that the same day SAF called for an inves­tigation "two ATF agents and a Manches­ter, NH, cop visited Belair at his work..."

"They had a search warrant and a tape of the radio interview," Bailey wrote. "They wanted to know about the gun, Rosenthal, and me. Belair told them the gun was at home; they went there later in the day, and confiscated it. They did give him a receipt."

Bailey, who wrote about the incident in the Nov. 30, 2005 issue of the newspaper, brusquely told Gun Week that he would "let the column speak for itself." In that column, headlined "Live Free and Die," Bailey de­scribed a visit to a gum show in West Lebanon, NH, but did not mention Rosenthal. chat column left out other critical details, including Bailey's on-air admission that he gave Belair the money to buy the gun, af­ter a dealer refused to sell a handgun to wither Bailey or Rosenthal because they are Massachusetts residents. Bailey later ex­pensed the gun purchase to The Globe.

Rosenthal told Gun Week that "I brought Steve Bailey up to a gun show so he could see what it was like. He brought a friend, an Army Ranger back from Afghanistan." lie also insisted that he didn't take pos­session of the gun afterward, and that to his knowledge, the revolver stayed in New Hampshire with the actual buyer.

Bailey and Rosenthal had different accounts of the transaction, but it is clear from the radio audio they considered it the find of third-party transaction that con­stitutes a straw sale.

Wallace told Gun Week that he is "not astounded by anything Rosenthal does and gets away with. Nobody ever calls him on it. He's a wealthy developer and he can get away with whatever he wants to get away with." The New GUN WEEK, August 1, 2007

 

DC to Appeal Parker Decision To Supreme Court

Washington, DC, officials said on July 16 that they plan to petition the Supreme Court for review of the deci­sion in Parker vs. District of Colum­bia in an attempt to keep the city's 30-year-old ban on most handguns.

A three judge federal appeals court panel struck down the law in March, rejecting the city's argument that the Second Amendment right to bear arms applied only to militias. The full appeals court refused to reconsider the decision in May.

"We believe we are right on the law and we hope the Supreme Court will agree with us," DC Attorney General Linda Singer said, according to Newsmax.com.

If the high court takes up the case, it would mark the first time in 70 years that justices will consider the breadth of the Second Amendment.

Washington's gun law was enacted in 1976 and bars residents from keep­ing handguns in their homes and pro­hibits the carrying of a gun without a license. Registered firearms must be kept unloaded and disassembled, ren­dering them useless for defense. This last point is one of the key elements in the case brought by six DC residents.

City officials say the ban is needed because of consistently high homicide rates. The law has remained in effect during the appeals process.

Opinion regarding DC's decision to appeal is divided by commentators on both sides of the issue, since nobody can predict how the high court will rule if it agrees to review the decision. The New GUN WEEK, August 1, 2007

 

Tale Of Two Cities: Philadelphia Vs. Baltimore

August 3, 2007

The NBC 10 Investigators' Vince DeMentri visited Baltimore recently to compare the city's crime-fighting initiatives and policies to Philadelphia's.

Philadelphia is on pace to have its highest number of homicides in 10 years.

And although police have tried many different programs and policies to combat the trend, they just don't seem to be slowing down the killing rate.

Now, the head of Baltimore police said he thinks he has the magic bullet to curbing crime in his city.

Baltimore, a city just 90 miles from Philadelphia, suffers many of the same crime problems this city does, including homicide.

As of Thursday night, Philadelphia has suffered 247 homicides.

Baltimore, a city that is less than half the size of Philadelphia, tallied 183.

And in both cities, the malignant trend seems the same – city killings just keep steadily climbing, with no let up in sight.

It's a bloodstained corridor straight up Interstate 95 from Baltimore to Philadelphia, where a surge of killings has caused a flood of political strife and fear in the streets.

The increase in shootings and murders forced the firing or resignation of four police commissioners in Baltimore in the last four years.

Fred Bealefeld is the acting boss now, and said he knows what his job is: "Ramping up this sense of urgency in attacking the crime problem in Baltimore."

With a mayoral election coming up in November, the issue of crime has become No. 1, pushing the tactics that some have said mimic martial law.

One such Baltimore program is called Operation Protect.

"Essentially, what we do is identify some crime areas of the city and we use street barricades," acting commissioner Bealefeld said. "We position officers in those corridors to try to limit vehicle traffic. We shut down streets.

"We put officers on foot patrol ... we try to insulate and isolate that neighborhood from the infusion of criminal activity. Not martial law," Bealefeld added.

In Philadelphia, Michael Nutter, the presumptive next mayor, said he plans to enforce a similar program in addition to the "stop and frisk" method, which is also used a lot in Baltimore.
Philadelphia police commissioner Sylvester Johnson has said he vehemently opposes these methods, however.

Baltimore also uses street cameras, which adds about 300 unblinking eyes in the sky. One recently caught a drug deal gone bad, where one man shot another before running off. Seconds later, and unmarked police car captured both of the suspects the victim was saved.

 Philadelphia, too, has tried working with street security cameras, although the implementation here has been slow. Just a few weeks ago, cameras were in full view of a shooting, but when police tried to watch the tape, the private company responsible for the cameras admitted the cameras didn't work.

"You know, just because you have a camera on a corner doesn't necessarily mean that no crime will exist," Baltimore Police Col. John Skinner said. "In fact, you know crime does exist around the cameras, and you have to incorporate and use the positioning of the cameras to your advantage. Sometimes that takes some trial and error."

Another thing the cities have in common is guns, which flood the streets.
Philadelphia reportedly wants what Maryland has -- a law that forbids anyone from buying more than one gun a month.

Still, Baltimore police said the law itself does little to keep guns out of the hands of the bad guys.

Instead, the city leans on state and federal agencies to inspect records of gun dealers and look for any red flags.

Baltimore also has an initiative that uses city, state and federal agencies' records to cross reference criminal and gun owner date bases -- something Philadelphia does not do.

The process allows them to target more potential gun law violators who may have committed other crimes.

Baltimore police recently found a cache of guns during the raid of a sex offender's home. Two of the suspect's guns were recovered at shooting scenes.

Some law-abiding gun owners might call this an invasion of privacy.

"All I'd ask you to do is look at the picture of the guns we got," Bealefeld said. "These weren't granddaddy squirrel guns."

Some of Baltimore's other initiatives include:

·        A push for mandatory jail time if a suspect is caught with an illegal gun Use of state and federal officers to police certain areas of the city to free up city officers

·        A city-federal program called Operation Exile, where police focus on the most violent offenders in the community and expose them to potentially federal prison sentences.
"You put them on a target list and say, essentially, 'You get out of line, we're taking you federally,'" Bealefeld said.

Police hope the program will serve as a deterrent because federal sentences are often longer and without parole.

Philadelphia, a city that police said suffers greatly from the "no-snitch" factor, has yet to engage in any of the above initiatives.

In comparison, Baltimore police said witnesses started coming forward, thanks in part to old school police tactics, including the cop on the beat.

"If I had to do just one job to have an impact making people's lives safer, it would be the footman, Bealefeld said. "At the end of the day, if you just had a footman dealing with problems in the neighborhood, you really could make the community safer."

In comparison to Baltimore's foot patrol presence, Philadelphia's is very small, despite the city's larger in size.

Per capita, Baltimore has a higher homicide rate than Philadelphia, and the city is waiting for the new programs and policies to take hold.

Both police forces said they believe in order for violence to decrease, though, change is necessary within the legal system.

One major problem? Both departments said most of the violent offenders they arrest wind up on parole or probation.

 

House Panel Retains Tiahrt, Angers Napoleonic Bloomberg

The House Appropriations Committee on July 12 dealt a major blow to New York City Mayor Michael R. Bloomberg's campaign to gut the Tiahrt Amendment that limits public access to Bureau of Alcohol, Tobacco, Firearms and Explo­sives (ATF) gun tracing data to bona fide police department investigations.

Bloomberg, with support from other mayors in his Mayors Against Illegal Guns (MAIG) coalition, had personally cam­paigned on Capitol Hill before the vote.

Newsday reported that Bloomberg's aides threatened to run negative ads against committee Chairman David Obey (D-WI) if pro-gun legislation op­posed by the mayor was passed in that committee, Obey claimed. The mayor's office denied the charge.

Speaking during a committee session, Obey said Bloomberg aides told his staff that TV ads painting him as anti-law enforcement would be run in his district if the Tiahrt Amendment was passed. MAIG had already runs ads in the dis­trict of Rep. Todd Tiahrt (R-KS).

"The Mayor's staff came into my of­fice, and rather than discuss the merits, they simply did what so many bullies do ... they threatened to run ads in my dis­trict if I didn't bow to their wishes," Obey said, according to a transcript provided to Newsday by his staff.

Interestingly, Obey also took issue with the National Rifle Association (NRA), saying the organization didn't endorse him despite his votes against gun control legislation.

"I don't react very well to bullying, and I don't react very well to threats," he said. "I wish I could find a way to vote against both sides of this issue."

However, pro-gun rights Democrats, including Obey, teamed with House Re­publicans to block local governments and others from gaining routine access to gun-purchasing data that is available for local police investigations.

The powerful House committee de­feated two attempts by gun control ad­vocates to strip four-year-old restrictions on the use of ATF gun tracing data. The New GUN WEEK, August 1, 2007

 

NEWS RELEASE

SF SUPERVISOR ADMITS GUN LAWS WON’T WORK; SAF CALLS VOTE ‘LUDICROUS’

BELLEVUE, WA – Following a vote Tuesday by the San Francisco Board of Supervisors to adopt tough new anti-gun laws, a sponsor of the ordinances admitted that they probably won’t quell violent crime, prompting the Second Amendment Foundation to call passage of these new ordinances an exercise in futility.

“Supervisor Ross Mirkarimi, in a remarkable fit of candor, admitted to the news media that these new gun ordinances won’t stop violent crime,” said SAF founder Alan Gottlieb. “Yet the Board of Supervisors has voted to tighten its chokehold on the self-defense rights of law-abiding citizens and the one retail gun dealer in the city. This is ludicrous. You don’t stop criminals by punishing their victims.

“We sued the city more than 18 months ago over its ridiculous November 2005 gun ban initiative,” he recalled, “and by passing these ordinances, which are only slightly less restrictive than a ban, it appears the city now admits they will ultimately lose that lawsuit in court.”

The new ordinances will prohibit the possession or sale of firearms on city property, and require gun owners to lock their guns in containers or with trigger locks. Gun dealers will have to provide an inventory to the police chief every six months. Supervisor Aaron Peskin called the laws “silly feel-good legislation with no teeth.”

“Supervisor Peskin has this issue nailed solidly,” Gottlieb stated. “Supervisor Sophie Maxwell admitted that these anti-gun issues are ‘separate from’ violent crime, and that explains a lot. The majority on that Board are gun-hating extremists, and Maxwell’s statement acknowledges that they are impotent against dangerous thugs, so instead they concentrate on citizens who don’t commit crimes. First the criminals victimize these people, and then the city government further victimizes them. How stupid is that?

“This is the kind of anti-gun mentality against which SAF has to constantly battle, through our educational efforts and in the courts when necessary,” Gottlieb concluded. “It is a pity there aren’t more supervisors like Peskin, who understand the truth about these measures, and will publicly renounce them for the foolishness they represent.” Second Amendment Foundation – 07/25/2007

-END-

 

Mexico Slams US Gun Laws

Mexico's government, which complains violent drug cartels are battling each other with firearms bought in the United States, slammed slack US gun laws as absurd on June 14, according to Reuters news service.

Mexico complains most of the often high-powered weapons used by warring Mexican traffickers come from gun shops in the