Legislative Shorts – September 2009 By Andy Barniskis, Legislative Chairman Falls Township Rifle & Pistol Association CIFTA treaty could register or outlaw every reloader and home gunsmith! When President Obama went to Mexico in April, he proposed that the United States sign the Inter- American Convention Against Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials. In Article IV, parties commit to adopting “necessary legislative or other measures” to criminalize “illicit manufacturing and trafficking in firearms.” But, “illicit manufacturing” includes reloading ammunition and modifying or assembling any firearm in any way. Treaties do have the force of statute -- which would mean that the Obama administration could promulgate regulations on the basis of this treaty which would ban any modification or machining of any firearm in any manner whatsoever except by license of the government. Article IV goes on to state that the criminalized acts should include “association or conspiracy” in connection with “said offenses” -- which is arguably a term broad enough to allow, by regulation, the criminalization of entire pro-gun organizations or gun clubs, based on the facilities which they provide their membership. Last but not least, Mexico could extradite American citizens for violations, no questions asked. There is much, much more, which can be found at http://gunowners.org/index.php/table/fs0901.htm Coalition forms to end Pennsylvania Instant Check System (PIC) Saying “The PICS system has proven to be an expensive, flawed, unnecessary and unwieldy political extravagance that is prone to political manipulation,” a coalition of Pennsylvania gun rights and sportsmen’s groups has begun a campaign to end the state “instant check” system. Under federal law, states have the option of using the either the federal NICS system or their own state system when their FFL dealers do background checks. Back in 1995 Pennsylvania chose to develop and use its own system. Since then it has been a disaster in several ways, one of the most notable being that the State Police (PSP) use it to operate their registration system, recording every handgun legally transferred in Pennsylvania. That is in clear violation of state law as you or I or most mortals would read it, but the state Supreme Court has said it is fine by them. So, one way to de-fang the illegal firearm registry is to take away the PSP’s tool. PICS also provides a necessary tool if anti-gunners ever pass gun rationing, as they just did in New Jersey, and it has been used in technically illegal ways by sheriffs administering the concealed carry permit system. Maybe worst of all for the average shooter, politicians can effectively turn off all handgun sales simply by shutting off the system for “maintenance.” Eliminating PICS is one of the best ideas I’ve heard in a long time, and I hope the initiative isn’t just another election year “brand identification” charade that will disappear after Election Day 2010. State Rep takes on State Police over AR-15, T/C registration As many of you know, the Pennsylvania State Police have been requiring gun dealers to treat sales of AR-15s and Thompson Center rifles as if they were handguns, meaning the buyer undergoes a PICS background check and the rifle is registered in the PSP system. The PSP’s argument is that the receivers of these rifles can be readily converted into a handgun. State Representative Martin T. Causer has challenged the PSP on the issue, pointing out the many inconsistencies and illegalities of the PSP policy, under both state and federal law. So far this appears to be primarily a correspondence duel between Causer and the PSP, but I would like to see some sort of court challenge come out of it, before the PSP has the time to get their fixes in place, as they did with the challenge to their handgun registry. And again, I hope it is not an election year charade by the participating state representatives. Send news and comments to me anytime: andy.barniskis@FTRPA.com Online Extra! (Material too long for the one-page meeting handout!) Catch the flu, lose your guns! Recently my attention was called to Pennsylvania House Bill HB 492, which is nominally legislation to deal with the “crisis” of the swine flu pandemic that has been widely promoted for some months now. It officially is described as, “An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, providing for measures to detect and track potential and existing public health emergencies, for declaring state of public health emergency, for control ofproperty and persons during state of public health emergency and for public information regarding and planning for public health emergencies; and establishing the Public Health Emergency Planning Commission.” At 41 pages, it’s hard to absorb, but for gun owners the following provision is probably the most interesting. It authorizes the state government “To control, restrict and regulate by rationing and using quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale, dispensing, distribution or transportation of food, fuel, clothing and other commodities, alcoholic beverages, firearms, explosives and combustibles, as may be reasonable and necessary for emergency response.” “Firearms” is self-explanatory, and “explosives and combustibles” certainly will include ammunition and gunpowder. Something about this bill had the smell of not having been authored in Pennsylvania, so I asked my contacts around the country if similar things were afoot in other states. There are. This is “model” legislation that has appeared elsewhere, all supposedly addressing the “swine flu pandemic” that already has been declared. More ominously, though, I am informed that portions of this model legislation were lifted straight out of “anti-terrorism” model legislation that has been floating around ever since a few days after 9/11. Someone wants very badly to make it legal to confiscate your guns and ammo without due process! Read the legislation for yourself: http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2009&sind=0&body=H&type=B&BN=0492 |