Commonwealth (of PA) Court Decides that State Police can keep Registry of Firearms Owners

Allegheny County Sportsmen's League ^ | 1-12-02 | ACSL

[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

[nunya bidness]

Thanks. I saw Fellowship Of The Ring tonight. Don't miss it on the big screen.

Sometime I'll have to tell you about working with Ridley Scott on "G.I. Jane."

[Travis McGee]

BD is the polar opposite of GI Jane.

[Travis McGee]

Make it an I-Max movie: get there early and sit in the front center seat.

[Travis McGee]

Proof of Life had a more interesting plot, only because you already know what happened in Somalia. But BD is a much better movie, by far the best ever made on specops troops.

The only flaw I found was tiny: a few times you can see that the M60 and SAW guns are feeding blanks through their belts. You see the long crimped blanks instead of ball ammo. Other than that, it's all exactly perfect.

[nunya bidness]

I know. My point was why is it that Brits have to make us proud?

Doesn't anyone make American movies anymore?

[mondonico]

The Commonwealth Court judge are elected--I recall that the majority of them are a bunch of Democrat hacks who owe their jobs to local political boss vince fumo, a Philadelphia state senator.

[pa_dweller]

I think they're using the theory called "We're gonna do what we want 'til somebody tells us we can't" with some "meaning of IS is" thrown in for good measure.