As released by the Office of Senator Leach.

HARRISBURG—State Senator Daylin Leach (D-Montgomery/Delaware) and other legislators and municipalities today filed a petition in Commonwealth Court challenging the constitutionality of Act 192 of 2014, which was written to set forth penalties for the theft of secondary metals and was amended to grant special standing to membership organizations like the National Rifle Association to sue Pennsylvania municipalities over ordinances that in any way address or even mention the possession of firearms.

Leach contends that the passage of House Bill 80, which became Act 192, violates the Pennsylvania Constitution’s “original purpose” clause and its “single subject” clause. Article III Section 1 of the Pennsylvania Constitution requires that a bill not be amended in a way that changes its original purpose, while Article III Section 3 requires that bills passed by the legislature contain only a single subject.

“The Constitution includes these rules so that our lawmaking process is as transparent as possible,” Leach said. “In what can only be described as a gift to the NRA, the bill’s supporters disregarded these rules. They used legislative tricks to obfuscate the lawmaking process, making it impossible for the public to participate in their democracy.”

“This utter contempt for Pennsylvania’s citizens and their constitution is an insult to our democratic principles,” Leach added. “Act 192 is not the product of a legitimate democratic process and so I am asking the Court to overturn it.”

Leach, et al. v. Commonwealth of Pennsylvania, et al.

Photo/Natalie Cake file 2013

__________________________

Archive video Friday October 24th.

Governor elect Tom Wolf on the passage of HB 80.

I don't think we need that bill.

_________________________

Archive video October 22nd.

Harrisburg Mayor Papenfuse.

I think it is a disastrous bill.

____________________________________

Archive video recorded October 20, 2014.

At 4:10pm Monday afternoon the House Rules committee voted to move HB 80 to the floor of the Pa House, the bill was approved by a vote of 138-56.

Video of the Rules committee meeting.

lawsuits against municipalities could begin 60 days after becoming law.

House Bill 80 started out as a bill that addressed the theft of scrap metal before being amended in the Senate to include the following language.

SECTION 4. SECTION 6120(B) OF TITLE 18 IS AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ: § 6120. LIMITATION ON THE REGULATION OF FIREARMS AND AMMUNITION.

* * * (A.2) RELIEF.--A PERSON ADVERSELY AFFECTED BY AN ORDINANCE, A RESOLUTION, REGULATION, RULE, PRACTICE OR ANY OTHER ACTION PROMULGATED OR ENFORCED BY A COUNTY, MUNICIPALITY OR TOWNSHIP

PROHIBITED UNDER SUBSECTION (A) OR 53 PA.C.S. § 2962(G) (RELATING TO LIMITATION ON MUNICIPAL POWERS) MAY SEEK DECLARATORY OR INJUNCTIVE RELIEF AND ACTUAL DAMAGES IN AN APPROPRIATE COURT.

(A.3) REASONABLE EXPENSES.--A COURT SHALL AWARD REASONABLE EXPENSES TO A PERSON ADVERSELY AFFECTED IN AN ACTION UNDER SUBSECTION (A.2) FOR ANY OF THE FOLLOWING:

(1) A FINAL DETERMINATION BY THE COURT IS GRANTED IN FAVOR OF THE PERSON ADVERSELY AFFECTED.

(2) THE REGULATION IN QUESTION IS RESCINDED, REPEALED OR OTHERWISE ABROGATED AFTER SUIT HAS BEEN FILED UNDER SUBSECTION (A.2) BUT BEFORE THE FINAL DETERMINATION BY THE COURT.

(B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:

" DEALER.

" THE TERM SHALL INCLUDE ANY PERSON ENGAGED IN THE BUSINESS OF SELLING AT WHOLESALE OR RETAIL A FIREARM OR AMMUNITION."

FIREARMS.

" THIS TERM SHALL HAVE THE MEANING GIVEN TO IT IN SECTION 5515 (RELATING TO PROHIBITING OF PARAMILITARY TRAINING) BUT SHALL NOT INCLUDE AIR RIFLES AS THAT TERM IS DEFINED IN SECTION 6304 (RELATING TO SALE AND USE OF AIR RIFLES). "PERSON ADVERSELY AFFECTED."

ANY OF THE FOLLOWING:

(1)

A RESIDENT OF THIS COMMONWEALTH WHO MAY LEGALLY POSSESS A FIREARM UNDER FEDERAL AND STATE LAW.

(2)

A PERSON WHO OTHERWISE HAS STANDING UNDER THE LAWS OF THIS COMMONWEALTH TO BRING AN ACTION UNDER SUBSECTION (A.2).

(3) A MEMBERSHIP ORGANIZATION, IN WHICH A MEMBER IS A PERSON DESCRIBED UNDER PARAGRAPH (1) OR (2).

" POLITICAL SUBDIVISION.

" THE TERM SHALL INCLUDE ANY HOME RULE CHARTER MUNICIPALITY, COUNTY, CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP OR SCHOOL DISTRICT.

"REASONABLE EXPENSES." THE TERM INCLUDES, BUT IS NOT LIMITED TO, ATTORNEY FEES, EXPERT WITNESS FEES, COURT COSTS AND COMPENSATION FOR LOSS OF INCOME.

___________________________

Archive video of former Harrisburg mayor Linda D. Thompson discussing how she moved legislation to mandate reporting of the loss or theft of guns.:

Coward positions.