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Pittsburgh City Council Passes ‘Illegal’ Gun Ordinance-Legal Action Unavoidable

Pittsburgh City Council has passed an ordinance – Mandatory Reporting of Lost or Stolen Firearms - that is in direct conflict with PA Crimes Code (statewide preemption law—Title Section 6120).

The City legislators have been trying to help Cease Fire PA and anti-gun state representative Dave Levdansky pass this measure in the state house without success this past spring.  Now the council members have acted in flagrant disregard of the law, the home rule charter, prior court orders and even the advice of their own solicitors in enacting ‘Mandatory Reporting of Lost or Stolen Firearms’ as a city ordinance with only one ‘no’ vote-Councilman Burgess.

Prior to the enactment of this ordinance the City Council held a ‘post-agenda’ hearing where the ACSL participated and gave testimony and stood for questioning by council members.  During the course of this hearing it became clear that ‘NO’ amount of logic or reason would dissuade Councilmen Shields or Peduto from prostrating public policy at the feet of Cease Fire PA and their willingness to commit criminal acts in pursuit of this agenda.

It is also a fact that criminals who misuse firearms in this state do not fear being prosecuted for violations of the Pennsylvania Uniform Firearms Act because they know that that is the first thing that will be plea-bargained away.  Of course City Council is, apparently, unconcerned with those problems or in going after career violent criminals and that is exactly what the vote on this ordinance demonstrated—political demagoguery.

As part of my testimony at the post-agenda meeting I mentioned the Boston Gun Project and the success that they had in stopping youth firearms homicides for 29 months.  Councilman Burgess stated for the benefit of the media that Council was doing everything in its power and ‘turning over every stone’ to stop the killings.  Yet nothing has been done in the last decade to bring to Pittsburgh, until very recently, this kind of a project.  My question to all of council is ‘why’??  If Councilman Shields, as well as the rest of council, were truly concerned about gun violence then success stories like Boston should have been fast tracked into action!

In addition the City of Pittsburgh has twice before ignored state law, subsequently successfully sued by the ACSL and then told by Common Pleas Court (Judge James) to ‘abide by state law’ and ordered to, in effect, cease and desist.  These issues involved Council’s enactment of an Assault Weapon Ban and, later, their active participation with Janet Reno’s U.S. Justice Department to register and track ‘every’ gun owner in western PA in a sophisticated computer database.

In a rude and disrespectful display of political arrogance, Councilman Burgess sent a letter to Kim Stolfer (Chairman of the ACSL Legislative Committee) explaining that he recognized the ‘illegality’ of the proposed ordinance and would have voted for it if he could.  Instead of stopping there, Councilman Burgess went on to ‘challenge’ Kim Stolfer to a public debate on handguns and then scoffed at the likelihood of our participating in this debate.  The letter from Burgess was distributed to local media on Thursday and Kim Stolfer did NOT receive his copy until Friday morning after the media contacted him numerous times.

Interestingly, the written reply to Burgess to accept his challenge as well as rebut his unfounded and insulting points resulted in the Tribune Review following up with story on the merits of our accusations and positions.  You can read more at this link -- http://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_602272.html

As of this writing, Councilman Burgess and Kim Stolfer will be squaring off on the Kevin Miller show on KDKA radio (1020-AM) on December 19^th at 2p.m.  The debate will be a lively one to be sure!

The fact of the matter is that barring a selfless and ethical act on the part of the Allegheny County DA (Zappala) arresting and incarcerating ‘all’ of the council members who voted for this, the City of Pittsburgh is facing a guaranteed legal action against their actions.

Obama's AG pick Holder has long anti-gun history

by Dave Workman, Senior Editor

Eric Holder, the man chosen by president-elect Barack Obama to be the next attorney general of the United States, has an anti-gun track record that has gun rights activists alarmed, not only about the man, but about the signals that Obama is sending about how his administration will actually deal with gun rights.

Within hours after Holder's nomination was announced, activist Internet forums were busily discussing his background, with ample documentation.

Prominent among those was the transcript of Holder's weekly briefing on March 20, 2000, when he was deputy attorney general under Janet Reno during the Clinton Administration. At that time, he went on record urging Congress to pass legislation

requiring handgun licensing and "safety certifica­tion" for all handgun buyers, and a federal law mandating trigger locks on all handguns that are sold. He also pushed for adoption of "smart gun" legislation that would explore technology ultimately resulting in the development of firearms that could only be used by a single individual.

Before that, he had lobbied Congress to pass federal legislation requiring back­ground checks on all gun show transac­tions, even between private parties.

Holder was one of several people who signed an amicus brief in the Heller case that supported the Washington, DC, handgun ban and also argued that the Second Amendment did not affirm an individual civil right.

Alan Gottlieb, founder of the Second Amendment Foundation, said Holder's nomination to become this nation's chief law enforcement officer "tells American gunowners that Obama's campaign claims supporting the Second Amend­ment were empty rhetoric."

"America's 85 million gun owners have ample reason to be pessimistic about how their civil rights will fare under the Obama administration," Gottlieb said. "Mr. Obama will have a Congress with an anti-gun Democrat majority leadership to push his gun control agenda. Gunowners have not forgotten Mr. Obama's acknowl­edged opposition to concealed carry rights, nor his support for a ban on handgun ownership when he was running for the Illinois state senate."

Gottlieb told Gun Week that it is no small wonder there was a rush on gun shops all over the country immediately after the election.

With Holder, he indicated, there is a concern that the Justice Department might be lethargic about protecting the rights of gunowners. He also said that Holder's addition to the Obama team is another signal about the direction that the new administration is going to tilt when it comes to gun rights versus gun control.

"Barack Mama vigorously portrayed himself on the campaign trail as a man who supports gun ownership," Gottlieb said, "but now that he has won he is surrounding himself with people who are avowed gun prohibitionists.” The New GUN WEEK, December 15, 2008

Pennsylvania woman plans suit stemming from open carry issue

Meleanie Hain's attorney says the Lebanon, PA, woman has endured the ridicule of neighbors and lost baby- sitting jobs since she achieved notori­ety for openly, and legally, carrying a gun to her 5-year-old daughter's soccer game, according to The Patriot-News of Harrisburg.

And it's Sheriff Michael DeLeo's fault, according to a malicious-prosecu­tion lawsuit that civil rights attorney Matthew Weisberg said he planned to file on Nov. 24.

"The sheriff should have known Meleanie had the right to openly carry," the Philadelphia-area attorney said.

Since DeLeo tried to take away her permit to carry a concealed weapon, "she has become a pariah in her small. community," Weisberg said in the newspaper's report.

Hain achieved national attention after she took a gun, holstered on her hip, to a soccer game Sept. 11 at Optimist Park in Lebanon. After some other parents complained, DeLeo revoked her concealed weapons permit, saying she showed poor judgment.

Lebanon County Judge Robert J. Eby reversed the sheriff's decision on appeal during a court hearing attended by about 60 gun rights activists.

Eby also lectured Hain, telling her that what is legal is not necessarily right. He asked her to conceal her gun if she carried it to soccer games. But Hain said after the hearing that she planned to continue carrying it openly since it is her right under the Second Amendment.

Weisberg said the parents who sent their children to her in-home baby- sitting service knew she openly carried a gun, but didn't care until after the sheriff revoked her license.

"She lost those jobs because of the negativity surrounding her prosecu­tion," he said.

Weisberg said the lawsuit will seek
damages for Hain's pain and suffering,
as well as money for her attorney fees.

George Christiansen, attorney for the Lebanon County Sheriff's Department, acknowledged he has received a letter from Weisberg about the intention to sue, and he has turned it over to the county's insurance company.

"I don't know the legal basis for the lawsuit," Christiansen said. "Mike DeLeo exercised what the state statute put upon him regarding the issuance of permits. I'm convinced it was a valid judgment call. Everybody can sue anybody for anything."

DeLeo revoked Hain's permit under the Pennsylvania Uniform Firearms Act, which gives sheriffs the right to deny permits to anyone "whose character and reputation is such that the individual would be likely to act in a dangerous manner to public safety."

"I just did my job," DeLeo told the newspaper. "The courts have ruled, and we respect that ruling." The New GUN WEEK, December 15, 2008

Upcoming Events

ACSL Awards Banquet

April 4, 2009

Harmar House

Details Later

Allegheny Sport, Travel & Outdoor Show

February 18 - 22, 2009

David Lawrence Convention Center

1000 Fort Duquesne Boulevard

Pittsburgh, PA 15222

For more information:

http://sportandtravel.com/pittsburgh/

Important Information

Legislative Committee Forum 

1. Have YOU or SOMEONE you know had Problems with the PA Instant Check System?

2. Have YOU or SOMEONE you know had Problems with GETTING a Concealed Weapons Permit or RENEWING the one you already have?

Help US help YOU and YOUR fellow gun owners by clicking this link:

ACSL Problem Reporting & Documentation Procedure

(Your information will be handled in complete compliance with the choices you make at this page)

Consumers Cautioned About Heating Fuel Contracts;

Consumers Urged to Report Problems

Attorney General Tom Corbett is cautioning Pennsylvania consumers to carefully review their options concerning any long-term heating fuel contracts they may have authorized.

"With the unusual swings in heating oil prices that we have seen over the past year, a growing number of consumers are questioning their long-term fuel delivery contracts," Corbett said. "It is important for consumers to understand the options and limitations of various contracts, and to report problems involving deceptive or misleading practices to the Attorney General's Bureau of Consumer Protection."

Corbett said that consumers who are concerned about the price they are paying for heating fuel should carefully review the details of any delivery contract they have signed.

Some contracts call for the delivery of a certain number of gallons of fuel, for a fixed price, which was set when the contract was signed. Other contracts set a maximum price that consumers will be charged for each gallon of fuel, but allow prices to adjust downward if the current price is lower.  A third type of contract does not limit the price for fuel, but simply extends winter fuel bills over a 12-month period, allowing consumers to budget a fixed payment every month.

Corbett said that if the current price for heating fuel is lower than the price in your contract, consumers should carefully review the terms of their agreement to see if the price can be adjusted downward.  Consumers may also want to contact their heating oil supplier to see if their contract can be re-negotiated.

Consumers who are having difficulties with fuel companies honoring delivery contracts, disputes over delivery prices and concerns about misleading or deceptive price advertising, should contact the Attorney General's Consumer Protection Hotline at 1-800-441-2555 or file an online consumer complaint at www.attorneygeneral.gov.

Source: PA DEP

Making Homes Energy Efficient Before High Heating Bills Hit 

With the cost of heating homes expected to hit record levels this winter, the Department of Environmental Protection is urging residents to make their homes as energy efficient as possible before the heating season begins.

Cooling and heating a home uses more energy than any other system in a house. The typical American family spends close to $1,862 a year on their home’s utility bills and the U.S. Energy Information Agency predicts residential heating costs will rise more than 30 percent in 2009.

Unfortunately, a large portion of that energy is wasted. By using a few inexpensive energy-efficiency and conservation measures, residents can reduce their energy bills by 10 percent to 50 percent.

• Keep your thermostat at a low but comfortable temperature throughout the winter and opt to wear a sweater or use an extra blanket if you are chilly. You can also set the temperature lower on your thermostat when you are away from home for extended periods. 
• Close any vents or openings that you may have used in the summer. You can also close all windows and storm windows at the start of the heating season, but keep shades, blinds and curtains open to let winter sun in during the day, especially on the east and south sides of your home to create extra heat. Close coverings at night to slow heat escaping back out of the home.
• Check furnace air filters each month, and clean or replace them as needed. Dirty filters block airflow through your heating and cooling systems, increasing your energy bill and shortening the equipment’s life. You should also avoid blocking warm-air supply and return registers with furniture, carpets or drapes.
• Seal up your fireplace if not in use:  Keep existing glass fireplace doors closed or seal-up the fireplace tightly with insulated foam board to help stop heat from being lost up the chimney. Remember to remove any insulation and open dampers next time you operate the fireplace.
• Lower the temperature on your water heater to 120°F and wrap it with an insulation blanket. 

More tips for energy conservation are available at www.depweb.state.pa.us, keyword: Energy, then click on “Pollution Prevention/Energy Efficiency.” 

Information is also available at www.StayWarmPA.com, including conservation tips and resources for getting financial assistance with utility bills and home weatherization. 

On Sept. 11, the Pennsylvania Public Utility Commission kicked off its annual “Prepare Now” campaign to increase consumer awareness on rising energy prices, explore ways to reduce energy usage, educate consumers about the availability of low-income programs, increase awareness for safe home heating, and discuss potential policies and strategies. Visit www.puc.state.pa.us, and click on “Prepare Now” or call the PUC at 1-800-692-7380.

Source: PA DEP

Environmental Quality Board Approves New Marcellus Shale Drilling Fees To Cover Increased Inspection, Permitting Costs 

The Environmental Quality Board approved a Department of Environmental Protection request today to impose new fees for Marcellus Shale drilling permits that will replace the flat $100 permit fee with a variable fee structure based on well depth.

The new fee structure will help ensure adequate funding to cover program expenses for permit reviews and well site inspections. The fee increase will also allow the department to hire additional staff in Meadville, Pittsburgh and Williamsport to process permits and monitor drilling activities in the northcentral and northeastern areas of the commonwealth.

“Due to technological advances in drilling and rising natural gas prices, gas exploration in the commonwealth has increased significantly with 40,000 new drilling permits anticipated during the next three years,” Environmental Protection acting Secretary John Hanger said. “Despite this substantial increase in workload, including permit review and inspection of oil and gas well sites, the department has not increased the $100 permit fee for oil and gas well permits since 1984.

“These permit fee increases will allow us immediately to hire additional staff to properly review Marcellus Shale permit applications and monitor drilling activities to ensure that our regulations are being enforced and our natural resources are being protected.”

Pennsylvania’s oil and gas act established a $100 permit fee for oil and gas well permits in 1984 and gives the department the authority to increase that fee to cover the cost of regulating the drilling industry.

The new fee structure sets a base permit cost of $900 for all Marcellus Shale wells up to 1,500 feet deep, and imposes an additional cost of $100 for every 500 feet of depth past 1,500 feet.  The increased fees will take effect in early spring.

Permit applications for Marcellus Shale gas wells must be thoroughly evaluated before a permit can be issued. Extracting natural gas from the Marcellus Shale formation requires significant amounts of water to hydraulically fracture the shale formation.

The department requires permit applicants to submit water management plans that outline how and where the water will be gathered, how it will be stored at the site, and how waste water will be processed and treated.

“With nearly 8,000 drilling permits issued so far this year and drilling taking place in areas of the state outside our traditional oil and gas region, we need to make sure that we have sufficient personnel to properly manage development of Pennsylvania’s Marcellus Shale natural gas reserves,” Hanger said.

Among other actions taken at today’s meeting, the Environmental Quality Board:

• Approved a separate proposed rulemaking for public comment that revises fees for Marcellus Shale and traditional oil and gas wells.
• Approved a final rule to strengthen public notification requirements for community water systems to notify the public of imminent threats and situations that may impact public health and the safety of water obtained from a public water system.
• Approved publication in the Pennsylvania Bulletin of a 30-day public comment regarding a proposed storage tank rulemaking that would require tank operators to complete training on their duties and responsibilities, in accord with recent federal regulations.  Properly trained operators will help to reduce and prevent future releases from underground storage tanks, and improve compliance with state and federal regulations. 
• Agreed to provide notice in the Pennsylvania Bulletin for three public meetings and a 60-day public comment period on a proposed rulemaking limiting emissions of volatile organic compounds from adhesives, sealants, primers and solvents. The new rules would apply to manufacturing, sale and use of such products. VOCs are a precursor of groundlevel ozone.

Reducing groundlevel ozone would benefit people with respiratory problems and help the state meet federal air quality standards.

For more information, visit www.depweb.state.pa.us, keyword: Public Participation.

Source: PA DEP