Skip to comments.Commonwealth (of PA) Court Decides that State Police can keep Registry of Firearms Owners
Posted on 01/12/2002 5:46:34 PM PST by pa_dweller
On January 8, 2002, eight months after hearing the Pennsylvania State Police's motion for Preliminary Objections, Commonwealth Court rendered its decision in the ACSL's lawsuit against the Pennsylvania State Police keeping a registry of firearms owners. To our dismay, the court agreed with the Pennsylvania State Police that state law does not prohibit the PSP from keep a record of sale database because the record of sale database does not contain all firearms owned by gun owners in Pennsylvania, thus it does not constitute a registry of firearm ownership. The Allegheny County Sportsmen's League immediately voted to appeal the decision to the Pennsylvania Supreme Court.
It has been said that the Pennsylvania's Commonwealth Court is THE Commonwealth's court. Well it has sure been proven this week with the Court deciding in favor of the Pennsylvania State Police. The court decided, 5-2, that the record of sales database, which contains the name, addresses type of handgun and the serial number of the firearm is not a "registry of firearm owners. But, so strong was the decent written by Judge Friedman, that the ACSL voted unanimously to appeal the Pennsylvania Supreme Court.
Voting to allow the State Police to keep records on law abiding gun owners were; Judges James T. Doyle, James Gardner Colins, Doris A. Smith, James R. Kelley, Bonnie Brigance Leadbetter.
Voting for law abiding gun owners to be free from recording keeping by the government were Dan Pellegrenni and Rochelle Friedman.
In an interview with the Associated Press, Michael J. Slavonic, Jr., Chairman of the ACSL's Legislative Committee responded, "We think the dissent is extremely strong, and we believe the case merits further consideration."
The decision by the majority hinged narrowly on two words. The word "any" and "registry". It was decided on whether the record of sales database was a "registry of firearm ownership", and whether section 6111.4 prohibited "any" or "partial" registry of firearms owners. The majority made their decision by splitting hairs. They wrote that "The term 'registry', by it plain definition, ordinarily refers to an official record. While we agree that the database maintained by the Commonwealth is a 'registry' of sorts, there are no allegations that the Commonwealth maintains a registry of firearm ownership." The ACSL's attorney did argue that the record of sales database contains the names and addresses of firearms owners, and as a result is a registry of firearm ownership, the majority ignored that argument.
The rest of it
When will they ever learn? to read, that is. liberal moron judges begging for impeachment.
They seem to me to be traitors to the consitution they are sworn to uphold. Beware the judas priests among us.
We tried that with the former occupant of the White House and it didn't work. They don't care one whit if you and me shun and shame them because they're still going to get their paychecks and pensions. Methinks something else needs to be done.
< / SARCASM >
Stay Safe TM !
So a database (which also includes the handgun buyers SS#) is not a registry, in this courts opinion. If the PA Supreme Court upholds this ruling then it will be up to the Legislature to re-word the law to make any collection, compilation, or any listing of handgun purchases illegal once the sale is completed.
We have enough gun owners in PA to destroy the political career of any politician who endorses the decision of the Commonwealth court.
Firearms registration has NOTHING to do with crime control. Never has been, never will be.
If they won't enforce the laws on the books as they are, then why are they attempting to create new ones to restrict YOUR access to firearms, and NOT access by criminals?
That would be excellent!
It is for sure NOT a chick flick.
Is it out already? I gotta see it.
I really liked your last recommendation - Proof of Life.
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