District Attorney Lynne M. Abraham pleads for tougher gun laws

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Matt King

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Abraham pleads for tougher gun laws
Citing Phila.'s rising homicide rate, she urged a Pa. House panel to make it harder for "straw" buyers.
By Amy Worden


HARRISBURG - With Philadelphia approaching its 300th homicide of the year, District Attorney Lynne M. Abraham was back before a House committee yesterday pleading for tougher state gun laws. It was her second appearance before the House Judiciary Committee in five months.

Abraham asked the committee to support a bill making it more difficult for people to make "straw" purchases of handguns.

"It's another mechanism for law enforcement to intervene in illegal trafficking of firearms by people who murder people," Abraham said.

Meanwhile, Rep. Harold James (D., Phila.) has called a meeting of state and local elected officials Monday in Mayor Street's office to find ways to expand the role of the Pennsylvania National Guard in curbing violence in Philadelphia.

James, a former police officer, said he was not proposing that the Guard patrol the streets, but envisioned them providing technical support for criminal investigations.

"We have to address the shootings that are out of control," James said.

The Judiciary Committee hearing addressed three bills aimed at curbing gun violence that contained proposals made almost a year ago during the House's one-day session on crime.

Among the provisions of one bill (HB 1744), sponsored by Committee Chairman Rep. Thomas Caltagirone (D., Berks), is a requirement that gun sellers provide written notice to buyers that they must comply with laws regarding the transfer of guns.

"People say that they didn't know you can't just sell a gun," said Abraham, referring to so-called straw purchasers. "This is a terrific way to put people on notice." In a straw purchase, a person who cannot legally buy a gun recruits someone who can pass the required background check to buy the firearm.

When challenged by Democratic Rep. John Pallone of Westmoreland County, a gun-rights district in Southwestern Pennsylvania, Abraham said her testimony was not meant to be an "assault" on gun dealers or law-abiding gun owners.

"My constituents are different," she said. "All I see is dead bodies and people who are quadriplegic."

The bill also would address the potential effect of a one-handgun-a-month law by commissioning a study to determine whether multiple firearms purchases contribute to more gun crimes.

John Hohenwarter, a lobbyist for the NRA who attended the hearing, said that the bill "has some merit" and that the group would consider supporting some elements of it, including the written-notice provision.

But Abraham and others, including the NRA, took issue with two other gun-violence bills under consideration, one that would set bail at $50,000 for anyone displaying a firearm while committing an offense and another that would create a firearms bureau in the Attorney General's Office, giving the attorney general the authority to investigate local firearms-trafficking cases.

Abraham said the General Assembly's setting bail, rather than the courts, would be unconstitutional.

She said the bill granting local prosecutorial authority to the attorney general would effectively "usurp" the power of local prosecutors.

Attorney General Tom Corbett submitted testimony opposing the bills that would add responsibilities to his office, saying he had dedicated as many people as he could to fighting gun violence in Philadelphia.

Kim Stolfer, a representative of the Allegheny County Sportsmen's League, testified that his group opposed the three bills.

He said that existing gun laws were ineffective and that more laws would only restrict the freedom of law-abiding citizens.

Two modest gun-control bills were signed into law by Gov. Rendell before the legislature's summer recess. Rendell and Philadelphia-area Democrats have campaigned for the passage of several of the more controversial gun-control bills. Among the proposals also favored by Abraham and the Pennsylvania State Police are bills limiting handgun purchases to one a month and requiring gun owners to report lost or stolen firearms.

Contact staff writer Amy Worden at 717-783-2584 or [email protected].

From: http://www.philly.com/inquirer/local/20070920_Abraham_pleads_for_tougher_gun_laws.html
 
I watched most of the 3 hour hearing last night on PCN. Pretty cool hearing. Abraham was OK, not a shrill whacko. She was very practical and obviously a tough minded, turf sensitive, articulate, savvy DA. And a gun owner (handgun and rifle IIRC). Her main issues were -

1) Turf issues. Did not want AG/state LE to automatically trump local LE and prosecutors. Prefers cooperation (on her terms, my $.02)

2) Straw buyers - Wants local LE and prosecutor access to dealers records (not gonna happen here), and wants mandatory reporting of stolen weapons. They would like a new form to be signed by buyer on all gun purchases defining illegal transfers of handguns, and acknowledging buyer's understanding of law. Apparently many weapons that are used in crimes end up in police custody, and they are only reported stolen after they have been in police custody for weeks/months. Suspicion is that most legit gun owners report thefts promptly, and the original straw buyer is reporting much after the fact as a CYA move.

I was amazed at the cluelessness of the represenatives from Philly. Brought new meaning to words like wind bag, one note band, and idiot. The worst part was the smug attitude. At one point, Abraham offered to help a Representative from Lancaster with prosecutorial resources to combat gang related violence (yes, gun violence!). The blow hard dip stick Philly rep lectured the rest of the committee about how nice it was that Philadelphia shared it's resources and brotherly love to support other communities, and that they should reciprocate by helping solve Philly's violence with the "one gun a month" law. That went over like a lead balloon.

On a bright note, there were several representatives (Democrats, Republicans, men, women, on and off the committe) who agreed that Philladelphia and other metro areas did have a gun violence problem. AND THE SOLUTION WAS NOT MORE GUN CONTROL! They basically called the "gun traffic" hearings a waste of time until they resolved the underlying issues of poverty, education, illegal drug use and gangs.

Better than the usual Wednesday night TV drivel......
 
A few days ago, PCN (the Pennsylania Cable Network) had John Hohenwarter, the NRA guy and Dwight Evans, a Democrat Rep from Philly on a 1 hour show discussing gun laws.

A call brought up using the PA National Guard in quelling the violence in Philly. Another caller suggested using the State Militia (there is no organized State Militia in PA, to my knowledge...the Militia is all citizens). I thought both of these ideas were great...although we must also be very very wary when the state or feds uses military troops for law enforcement.

Many of us decried the lack of enforcement of the existing straw purchase laws (crack whore buys guns to trade for more crack...that's happened in Philly) . I'm glad that Tom Corbett (who has, so far, been on the pro-rights side) is leading the charge against straw purchasers.

"Abraham asked the committee to support a bill making it more difficult for people to make "straw" purchases of handguns."

I don't see anyway a law could restrict straw purchasers...but I do see aggressive enforcement of existing laws and mandatory jail time making straw purchasing too risky.


BTW, I testified against a "One Gun a Month" bill back in 1998 or 99. And whoever wrote it is right...those reps from Philly and the surrounding 'burbs aren't the sharpest tools in the shed.
 
Mr White,I can find nothing on the web or elsewhere showing any gun control bills signed into law by Fast Eddie before or after the summer recess.
They must have been very modest indeed.
Perhaps someone can give us some help on this.
 
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