Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
Allegheny County Sportsmen's League, Inc.
Pennsylvania Sportsmen's Association
REPLY TO: ACSL -- activist&fyi.net
PSA -- psa&pagunlaws.com
PRIORITY: High
February 13, 2012
***LEGISLATIVE ALERT Position Statement
Issue:Rep. Sturla Amendment #A08647 to House Bill 1523
Dear Rep. (Last_Name):
We, the undersigned coalition groups, strongly support HB 1523 however the amendment listed below (by Rep. Sturla-A08647) is causing a great deal of concern in Harrisburg as well as Pennsylvania gun owners.This legislation is a long overdue clarification of the 'standing' issue as well as provides the tools to citizens and grassroots organizations to stand up to violations of our state firearms pre-emption law (Title 18, Section 6120) by local political sub divisions.
I have placed the Sturla amendment text below and as you can see it is meant to have a chilling effect on citizens challenging government in the courts. This is an unconscionable expansion of government power to quell dissent in the voice of the people who object to their rights being violated and their communities being used as a springboard for an unconstitutional, anti-gun agenda.
A08647 - Sturla - Position - Coalition - OPPOSED
(a.3) Political subdivision.--A political subdivision that prevails in a lawsuit filed under subsection (a.2) is entitled to be reimbursed by the party who filed the lawsuit for reasonable attorney fees and costs.
In point of fact, as seen in the referenced section below, the United States Supreme Court has held that individuals whose rights have been violated should not be the only ones bearing the "inevitable costs of government" when it involves citizens Constitutional rights. This amendment by Rep. Sturla is potentially in violation of this Supreme Court decision and will work to the disparagement of Pennsylvania citizens' rights.
The knowledge that a municipality will be liable for all of its injurious conduct, whether committed in good faith or not, should create an incentive for officials who may harbor doubts about the lawfulness of their intended actions to err on the side of protecting citizens' constitutional rights.... [Since] it is the public at large which enjoys the benefits of the government's activities, and it is the public at large which is ultimately responsible for its administration...it is fairer to allocate any resulting financial loss to the inevitable costs of government borne by all the taxpayers, than to allow its impact to be felt solely by those whose rights...have been violated. U.S. Supreme Court - OWEN v. CITY OF INDEPENDENCE, 445 U.S. 622 (1980) 445 U.S. 622
This amendment language (A08647) and concept is also a naked payoff to the anti-gun organizations who have been promoting violations of the Pennsylvania Constitution and our current preemption statute (title 18, section 6120).
For the last few years these anti-gun organizations have been encouraging the violation of Pennsylvania law and openly stated that they would be responsible for legal costs if these local ordinances were challenged. This, in our view, is directly connected to this amendment as not only would the local political subdivision be financially responsible to reimburse court costs for being sued but these anti-gun organizations could then also be sued by the political subdivision for reimbursement since they pledged to cover all legal costs of these communities.
Make no mistake about it this is a clear attempt to silence gunowners who challenge these laws in court! As an example the American Civil Liberties Union does not have to reimburse school districts when they sue them and neither do they have to reimburse local municipalities for other issues when they take them to court.
This amendment would have a chilling effect on access to the courts, an essential component of the Constitution, by the people of the Commonwealth. This is completely unacceptable!
We, the undersigned coalition groups, respectfully request your 'opposition' to the Sturla amendment and your support of this legislation without amendments not agreed to by the prime sponsor, Rep. Metcalfe.
Respectfully,
Kim Stolfer Harry Schneider Legislative Committee, Chairman Legislative Committee, Chairman
2nd Vice-President Pennsylvania Sportsmen's Association Allegheny County Sportsmen's League psa&pagunlaws.com
E-Mail-- activist&fyi.net
Website -- www.acslpa.org
THE FOLLOWING ORGANIZATIONS SUPPORT HB 1523 and oppose any amendment not agreed to by the prime sponsor.
Allegheny County Sportsmen's League (ACSL),
Beaver County Sportsmen's Conservation League,
Gun Owners of America (GOA ),
National Rifle Association (NRA),
National Shooting Sports Foundation (NSSF),
Opencarry.org,
Pennsylvania Association of Firearms Retailers (PAFR),
Pennsylvania Federation of Sportsmen's Clubs (PFSC),
Pennsylvania Firearm Owners Association (PAFOA),
Pennsylvania Gun Owners Association (PGOA),
Pennsylvania Rifle and Pistol Association (PR&PA),
Pennsylvania Sportsmen's Association (PSA),
Philadelphia Federation of Sportsmen's Club,
Unified Sportsmen of Pennsylvania (USP),
The Firearms Coalition,
The Pa. State Fish & Game Protective Association,
Eastern Pennsylvania Firearms Coalition (EPFC ),
Delaware Valley Pink Pistols,
Western Pa. 30 Caliber League, Inc.,
Midland Sportsmen's Club,
Beaver Valley Rifle & Pistol Club,
Firearms Owners Against Crime (FOAC) the largest gun owners Political Action Committee (PAC) in Pennsylvania will record support for this legislation, now or in the future, as a vote that is supportive of our Constitution and the rights of gun owners. FOAC will also record any vote for any amendment that is not supported by the prime sponsor to be a vote that is hostile to the interests of law abiding gun owners.