Legislative and Hunting Update for October 2005
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Problems with Bucks County Carry Permits
The following letter to the editor (in a slightly edited form) appeared in the Bucks County Courier Times. I’m showing the entire LTE as it is not available online.
Officials Need Incentives to Obey the Law
by Andy Barniskis
Imagine that a
law required motorists to stop at all red lights and stop signs. Now imagine that there were no penalties for
failing to obey that law. What do you
think would happen? Hold that thought
as I detail an example here in Bucks County.
For more than a
year the Bucks County Sheriff has not been sending renewal notices to holders
of permits to carry concealed firearms, as required by state law. The sheriff says that “some” people did not
receive renewal notices, but of twenty or more permit holders that I spoke to,
not a single one had received notice when their permit expired. That is a potentially serious matter, since
as Assistant District Attorney David Zellis told a reporter for another
newspaper, a person who carries a gun without a valid permit faces a penalty of
up to five years in prison and a $10,000 fine.
As a result of such a conviction, the individual also would lose the
right to own any gun, forever.
When I first
became aware of permit holders failing to receive renewal notices early in
2004, I sent a letter to the sheriff pointing out the problem, and reminding
him of his responsibilities under the law.
He responded with a cordial telephone call, in which he told me the
problem resulted from computer problems that would soon be remedied. I took him at his word, but began to
periodically poll the members of my gun club at our monthly meetings. For more than a year, no one whose permit
had expired reported receiving a renewal notice. When my own permit expired in June of this year, without a notice
having been received, I again contacted the sheriff, and again the excuse was
given – in writing this time – that the problem resulted from a technical
problem with the computer system.
While I do not
doubt that problems exist with the county’s computer system, the law makes no
provision relieving sheriffs of their responsibilities, for any reason. A trip to any office supply store to
purchase a bottom-of-the-line computer, a spreadsheet program, and a box of
mailing labels would have solved the problem in a few hours. With 5000 renewals a year at $19 each, the
cash flow to cover such a minimal expenditure was there. Instead, the problem was shrugged off for
more than a year. The only thing in
dispute is how many violations of the law occurred.
This is
additionally irritating because when the fee for a permit was raised to $19 by
the General Assembly, $1.50 of that increase was earmarked specifically for the
sending of renewal notices, and that was written into the law. In a just world, it would seem that every
permit holder who paid the additional $1.50 for the mandated renewal service,
but did not receive it, should receive either a refund or a credit toward their
renewal. In the real world no one
should hold their breath waiting for that.
The sheriff’s attitude, expressed to a reporter who asked about it, was
that he has no intentions to offer refunds.
''If you got your permit five years ago, you should know when to
renew,'' he said, adding “If gun owners are truly responsible, they should be
keeping an eye on their permits and know when they are due to expire and take
steps to renew them on their own.” It
is truly remarkable when a law enforcement officer who has been violating state
law lectures citizens on “responsibility.”
Lt. Joseph Elias,
director of the state police firearms division, put his finger on the real
problem when said he didn't know of any penalties for sheriffs who don't send
renewal applications out on time. That
is true. There are none. As with most public issues involving
mandates imposed on officials, the law may say officials “shall” do certain
things, but there are no penalties when they don’t. If it becomes inconvenient for them to obey the law, for reasons
of practical, political, or economic convenience, then breaking the law becomes
a more viable option than obeying it.
We citizens are
seldom allowed such options. Laws
applying to us always come with penalties.
If your computer went down, it might become inconvenient to pay your
taxes on time, but the IRS would impose a stiff penalty if you didn’t.
For the example
in question, I have no desire at all to see the sheriff punished for a faulty
computer system. No harm appears to
have resulted from the missed renewals.
And yet, the situation illustrates why we need laws with more teeth, to
give our public officials reason to be as mindful of the legal burdens placed
upon them, as we citizens must be of the burdens placed upon us.
###
(Andy Barniskis is legislative chairman for the Bucks County
Sportsmen’s Coalition and Falls Township Rifle and Pistol Association)
PFSC Votes to Support Increase in Hunting License Fee
At its fall convention, the Pennsylvania Federation of Sportsmen’s Clubs (PFSC) voted to support a hunting license increase. In other action, after lengthy discussion, the PFSC delegates voted 15-26 (with 2 abstentions) against supporting a resolution to seek legislation that would remove prohibitive language dealing with Sunday hunting. Several other motions relating to Sunday hunting also failed by close margins.
http://www.pfsc.org/ConventionWrap-Up.html
West Virginia Deer Tests Positive for CWD
Pennsylvania Game Commission officials late today were informed that West Virginia Division of Natural Resources received confirmation that a road-killed white-tailed deer from Hampshire County, West Virginia, tested positive for Chronic Wasting Disease (CWD). The 2.5-year-old buck was discovered about 25 miles south of the Pennsylvania/Maryland line, due south of Bedford County, Pennsylvania.
http://www.pgc.state.pa.us/pgc/cwp/view.asp?A=11&Q=165168
Different Gun Holster May Have Saved a Life
Special holsters are one way cops can prevent their guns from being taken and used against them, area police officials said after a shooting spree at St. Mary Medical Center in Middletown, Bucks County claimed the life of one Newtown officer and wounded another.
http://www.phillyburbs.com/pb-dyn/news/111-10022005-549431.html
Pheasant Stocking Plans Announced
The Pennsylvania Game Commission has slated 112,430 ring-necked pheasants for release on public lands throughout the Commonwealth for the upcoming small game hunting seasons, an increase from the original 100,000 birds planned due to cost-cutting efforts put in place beginning in the 2004-05 fiscal year.
http://www.pgc.state.pa.us/pgc/cwp/view.asp?Q=165399&A=11
Neshaminy State Park Archery Deer Hunt
After Nov. 12, all state-registered archers will be permitted into the 330 acre park without assigned days. Archery hunting is expected to continue through January.
For more information, contact park officials at 215-639-4538 or online at www.dcnr.state.pa.us/stateparks/parks/neshaminy.
http://www.phillyburbs.com/pb-dyn/news/111-09082005-538367.html
Complaints Kill Shooting Range, Pigs Coming Now
Neighbors wouldn’t allow this Pittsburgh area resident to open a skeet range because they objected to the noise. So he started a pig farm instead. Now they have to live with the smell.
http://www.post-gazette.com/pg/05254/568101.stm
Game Commission Seeks New Executive Director
The Pennsylvania Board of Game Commissioners has launched a nationwide search for a successor to Game Commission Executive Director Vern Ross, who recently announced his retirement effective Dec. 31. Ross began serving as executive director of the independent state agency in May of 1999.
http://www.pgc.state.pa.us/pgc/cwp/view.asp?Q=165273&A=11
Firearm Makers Lawsuit Protection Bill
The GOA urges us to support the House bill (H.R. 800) as it is much better than the Senate version (S. 397), since the former is free and clear of all gun control. The Senate version contains two anti-gun amendments.
http://www.gunowners.org/a081105.htm
Bogus Pro-gun Group
Some
of you might have recently heard of a new organization claiming to represent
hunters and gun owners. As is often the
case this organization builds a nice website and claims to be a friend of
hunters when the reality is they are nothing more than the enemy in camouflage.
The
NRA says that a new group calling itself the American Hunters and Shooters
Association is really an anti-gun group in disguise and wants us to spread the
word that AHSA isn’t what they claim to be.
http://nraila.org/HuntingAndConservation/DiggersCorner/Post.aspx?ID=23
NRA’s New Leader Shoots Holes in Stereotypes
As a Jewish woman and Harvard-educated lawyer who practiced law in Los Angeles, Sandra Froman admits that, at least on paper, she doesn’t seem a natural choice to lead the National Rifle Association (NRA). But the Second Amendment, she said, is all about empowerment.
http://www.jewishjournal.com/home/preview.php?id=14570
Wal-Mart Gun Policy Saves New Mexico Woman's Life
A New Mexico woman is alive today because Wal-Mart does not prohibit concealed carry in its stores.
http://www.2ndamendment.com/Content/News/20050826-07.htm
Gun Facts Version 4.0
Gun Facts is a free e-book that debunks common myths about gun control. It is intended as a reference guide for journalist, activists, politicians, and other people interested in restoring honesty to the debate about guns, crime, and the 2nd Amendment.
How Often do Americans Use Guns for Defense
UCLA professor emeritus James Q. Wilson, a respected expert on crime, police practices and guns, says, "We know from Census Bureau surveys that something beyond a hundred thousand uses of guns for self-defense occur every year. We know from smaller surveys of a commercial nature that the number may be as high as two-and-a-half or three million. We don't know what the right number is, but whatever the right number is, it's not a trivial number."
http://www.townhall.com/columnists/larryelder/le20050901.shtml
Flintlocks Still Inspire Debate
The author answers such age old questions as should the bevel be placed up or down?
Answer – it doesn’t matter.
http://pittsburghlive.com/x/tribune-review/trib/newssummary/s_367743.html
UN Report Validates Old Adage 'An Armed Society is a
Polite Society'
A report released this week by the United Nations confirms what law-abiding Americans have known for quite some time – criminals prefer victims who cannot fight back.
http://releases.usnewswire.com/GetRelease.asp?id=53648
Dog Shoots Hunter
A Bulgarian hunter was shot by his own dog when he tried to knock a bird out of its mouth with his gun. He is being treated for chest injuries at the local hospital.
Amazing how there is at least one story like this every year.
http://www.ananova.com/news/story/sm_1538527.html?menu=
N.J. Felons Exploit Pa. Gun Laws
Bryan Miller, the executive director of the anti-gun violence group Ceasefire NJ, feels Harrisburg needs to tighten its gun laws to prevent NJ traffickers from buying guns in Pennsylvania through a straw purchaser and distributing them in places like the Lehigh Valley and northern New Jersey.
http://www.nj.com/news/expresstimes/pa/index.ssf?/base/news-2/1126602477241690.xml&coll=2
CCW Expands in Alaska
Alaska residents can now carry concealed in city buildings – and no permit is required. “The vast majority of Alaskans think they ought to be able to carry a firearm wherever they wish,” said Wayne Anthony Ross, National Rifle Association board member.
http://www.ktuu.com/cms/templates/master.asp?articleid=151&zoneid=1
Senators Schumer and Feinstein Packing Heat
According to this story, these outspoken opponents of gun ownership have permits to carry concealed weapons.
http://www.opinioneditorials.com/freedomwriters/jcpp_20050925.html
Katrina Related Stories
New Orleans Begins Confiscating Firearms as Water
Recedes
This story reports that police officers began confiscating weapons, including legally registered firearms, from civilians in preparation for a mass forced evacuation of the residents still living here. No civilians in New Orleans will be allowed to carry pistols, shotguns or other firearms, said P. Edwin Compass III, the superintendent of police. "Only law enforcement are allowed to have weapons," he said.
Armed Militia Protects Its New Orleans Neighborhood
This story describes how a band of neighbors survived Hurricane Katrina, and then fought off looters.
http://www.statesman.com/search/content/auto/epaper/editions/today/news_342278fe0324917e000f.html
Major Victory For Firearms Owners In Louisiana
The United States District Court for the Eastern District in Louisiana sided with the National Rifle Association (NRA) and issued a restraining order to bar further gun confiscations from peaceable and law-abiding victims of Hurricane Katrina in New Orleans.
http://www.nraila.org/News/Read/Releases.aspx?ID=6539
CCRKBA Calls for Investigation Into New Orleans Gun
Seizures
Following low-key inquiries that were met with stony silence and official indifference, the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) is calling for a federal investigation into reports of gun seizures from law-abiding New Orleans residents, and is demanding that officials there immediately account for all confiscated firearms.
http://releases.usnewswire.com/GetRelease.asp?id=53144
Halted Gun Sales Infuriate Customers
As fearful residents rush to stock up on guns, Wal-Mart, one of the region's biggest suppliers, abruptly stopped selling them at 40 stores scattered throughout the Gulf Coast.
The move infuriated some Wal-Mart customers in this fiercely progun region, some of whom said the big chain left them without protection as the violence increased after Hurricane Katrina.
Just as you shouldn’t wait for the blizzard to buy a snow shovel, don’t
wait until you really need the gun to get it.
http://www.boston.com/news/weather/articles/2005/09/11/halted_gun_sales_infuriate_customers/
NRA Slams Seizure of Guns in New Orleans
National Rifle Association (NRA) leader Wayne LaPierre slammed New Orleans authorities for seizing legal firearms from lawful residents.
http://www.newsmax.com/archives/ic/2005/9/12/193358.shtml
GOA Denounces Gun Confiscations In New Orleans
"Simply outrageous!" was the reaction from Erich Pratt, Director of Communications for Gun Owners of America, after learning that the city of New Orleans had begun confiscating legally-owned firearms from New Orleans' residents.
http://www.gunowners.org/no01.htm
Katrina Educates World on Need for Owning Guns
Erich Pratt of the GOA describes how the residents of NO needed firearms to protect themselves in the aftermath of Katrina.
http://www.wnd.com/news/article.asp?ARTICLE_ID=46297
New Orleans Gun Confiscation is Foolish and Illegal
Dave Kopel denounces the confiscations that occurred in the wake of Hurricane Katrina
http://www.reason.com/hod/dk091005.shtml