http://www.mcall.com/news/opinion/all-tjsep07,0,1714233.story?coll=all-newsopinion-hed
Too many strikes against Pennsylvania gun laws
Why is it impossible to pass reasonable gun safety legislation in Pennsylvania? It's a complex question, with many answers relating to the constitutions of the United States and Pennsylvania, the Pennsylvania Uniform Firearms Act, the composition of the Legislature and the balance of strengths and weaknesses of interest groups on both sides.
Last year, the majority of the U.S. Court of Appeals for the Ninth Circuit declared that historical context, text, structure and legislative history leave little doubt that ''The amendment protects the people's right to maintain an effective state militia and does not establish an individual right to own or possess firearms for personal or other use.''
This overruled an earlier conclusion by the Fifth Circuit claiming the Second Amendment ''protects the right of individuals, including those not then actually a member of any militia or engaged in active military service or training, to privately possess and bear their own firearms.''
The Ninth Circuit ultimately declared the Second Amendment imposes no limitation on individual states' ability to regulate firearms. So, why is it so difficult to pass reasonable legislation in Pennsylvania?
The constitutions of Pennsylvania and other states protect firearms rights. Section 21 of the Pennsylvania Constitution decrees: ''The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.''
This amendment, combined with the restrictive legislation known as the Pennsylvania Uniform Firearms Act, ties the hands of gun-safety advocates in both the General Assembly and local government. A specific problem is what's known as the municipal pre-emption: no counties or municipalities may regulate firearms or ammunition in a way inconsistent with state law.
Pro-gun advocates used this statute to overturn the assault weapons ban and the refusal to allow concealed weapons in both Philadelphia and Pittsburgh. In an attempt to hold gun manufacturers responsible for unsafe firearms, Philadelphia tried litigation against manufacturers. But U.S. District Judge Berle M. Schiller concluded, ''Under Pennsylvania law and by unequivocal Pennsylvania Supreme Court precedent, the power to regulate firearms within the state now lies exclusively with the state legislature.''
But, the main reason it is difficult to pass gun legislation is the demographics of Pennsylvania: the pro-gun position is popular. Gun safety legislation does not fall along party lines; it is more of a geographic issue. Both Democrats and Republicans receive both very high marks and low marks from the National Rifle Association. Representatives from more rural areas usually receive higher ratings, while suburban and urban legislators tend to be graded lower. (By the way, there is a common perception that legislators from Philadelphia and Pittsburgh have tremendous pull in Harrisburg on any issue. The failure of gun safety legislation shows this is untrue.)
Both sides' arguments have strengths and weaknesses. The NRA is very good at scaring legislators into believing that a vote in favor of gun safety legislation means electoral defeat. This fear explains why some legislative districts appearing to favor gun safety legislation have legislators leaning in the opposite direction. Conversely, the NRA's weakness stems from a disconnect between the organization's hardline leadership with many members who favor rational, reasonable gun safety measures. On the other side are gun-safety advocates who work to protect children, police and the citizenry from needless death, but have a difficult time moving the masses until the nation suffers a tragedy, such as the incident at Columbine High School in 1999.
Whether it is a particular interpretation of constitutions or the prohibition on local municipalities' controls, we are all at an increased risk. We need strong individual leadership and commitment to enact change. Just as the NRA's anti-gun safety activists' strength comes from its daily commitment to its beliefs, the weakness of gun safety advocates stems from a lack of dedication to the cause. In order to enact common-sense legislation to protect our children, police and citizenry, individuals must find the courage to stand up to fear and do the right thing.
T.J. Rooney of Fountain Hill is a Democrat. He has represented the 133rd House District in the state Legislature since 1993.
---------------------------------
Contact this clown at:
http://www2.legis.state.pa.us/cfdocs/memberinfo/house_bio.cfm?districtnumber=133
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Too many strikes against Pennsylvania gun laws
Why is it impossible to pass reasonable gun safety legislation in Pennsylvania? It's a complex question, with many answers relating to the constitutions of the United States and Pennsylvania, the Pennsylvania Uniform Firearms Act, the composition of the Legislature and the balance of strengths and weaknesses of interest groups on both sides.
Last year, the majority of the U.S. Court of Appeals for the Ninth Circuit declared that historical context, text, structure and legislative history leave little doubt that ''The amendment protects the people's right to maintain an effective state militia and does not establish an individual right to own or possess firearms for personal or other use.''
This overruled an earlier conclusion by the Fifth Circuit claiming the Second Amendment ''protects the right of individuals, including those not then actually a member of any militia or engaged in active military service or training, to privately possess and bear their own firearms.''
The Ninth Circuit ultimately declared the Second Amendment imposes no limitation on individual states' ability to regulate firearms. So, why is it so difficult to pass reasonable legislation in Pennsylvania?
The constitutions of Pennsylvania and other states protect firearms rights. Section 21 of the Pennsylvania Constitution decrees: ''The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.''
This amendment, combined with the restrictive legislation known as the Pennsylvania Uniform Firearms Act, ties the hands of gun-safety advocates in both the General Assembly and local government. A specific problem is what's known as the municipal pre-emption: no counties or municipalities may regulate firearms or ammunition in a way inconsistent with state law.
Pro-gun advocates used this statute to overturn the assault weapons ban and the refusal to allow concealed weapons in both Philadelphia and Pittsburgh. In an attempt to hold gun manufacturers responsible for unsafe firearms, Philadelphia tried litigation against manufacturers. But U.S. District Judge Berle M. Schiller concluded, ''Under Pennsylvania law and by unequivocal Pennsylvania Supreme Court precedent, the power to regulate firearms within the state now lies exclusively with the state legislature.''
But, the main reason it is difficult to pass gun legislation is the demographics of Pennsylvania: the pro-gun position is popular. Gun safety legislation does not fall along party lines; it is more of a geographic issue. Both Democrats and Republicans receive both very high marks and low marks from the National Rifle Association. Representatives from more rural areas usually receive higher ratings, while suburban and urban legislators tend to be graded lower. (By the way, there is a common perception that legislators from Philadelphia and Pittsburgh have tremendous pull in Harrisburg on any issue. The failure of gun safety legislation shows this is untrue.)
Both sides' arguments have strengths and weaknesses. The NRA is very good at scaring legislators into believing that a vote in favor of gun safety legislation means electoral defeat. This fear explains why some legislative districts appearing to favor gun safety legislation have legislators leaning in the opposite direction. Conversely, the NRA's weakness stems from a disconnect between the organization's hardline leadership with many members who favor rational, reasonable gun safety measures. On the other side are gun-safety advocates who work to protect children, police and the citizenry from needless death, but have a difficult time moving the masses until the nation suffers a tragedy, such as the incident at Columbine High School in 1999.
Whether it is a particular interpretation of constitutions or the prohibition on local municipalities' controls, we are all at an increased risk. We need strong individual leadership and commitment to enact change. Just as the NRA's anti-gun safety activists' strength comes from its daily commitment to its beliefs, the weakness of gun safety advocates stems from a lack of dedication to the cause. In order to enact common-sense legislation to protect our children, police and citizenry, individuals must find the courage to stand up to fear and do the right thing.
T.J. Rooney of Fountain Hill is a Democrat. He has represented the 133rd House District in the state Legislature since 1993.
---------------------------------
Contact this clown at:
http://www2.legis.state.pa.us/cfdocs/memberinfo/house_bio.cfm?districtnumber=133
------------------------------------
