ACSL Archives 2020
PLEASE NOTE: We have tried to maintain links where possible,but due to the archival nature of these articles,some links may have changed or be otherwise unavailable.
Stand Your Ground Against Socialism:
Metcalfe Confirms 2020 Right to Keep and Bear Arms Rally
Will Go on Without Dictator Wolf’s Permission
HARRISBURG — State Representative Daryl Metcalfe (R-Butler) sent the following letter to Gov. Tom Wolf to officially confirm that this year’s Rally to Protect Your Right to Keep and Bear Arms will take place as originally scheduled, on Monday, June 8, beginning at 10 a.m., on the front Capitol steps, Capitol Complex, Harrisburg. Metcalfe is also encouraging all law-abiding citizens who attend to practice social distancing according to CDC guidelines:
“I am writing to you today on behalf of all freedom-loving, law-abiding Pennsylvania firearms owners to inform you that my staff has received your presumptuous email notice through the Department of General Services stating that ‘the governor has instructed us to cancel all events at the Capitol through July 5,’ with the usual non-transparent explanation of ‘COVID-19.’
“As the prime sponsor of an impeachment resolution to bring about your removal from office, let me begin the people’s response by saying that we do not need your permission to freely exercise our Constitutional rights to peacefully assemble and denounce your tyrannical regime.
“It is precisely the Second Amendment and our right to keep and bear arms which provides the foundation and reinforcement of all the rights recognized and proclaimed in our state and federal constitutions. This especially includes, Article 1, Section 21 of the Pennsylvania Constitution which clearly states: ‘The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.’
“Your incompetence and callous disregard for your fellow man give this year’s theme of ‘Stand Your Ground Against Socialism’ even more substantive significance. Your unconstitutional dictates and Orwellian overreach into our lives and the marketplace has caused immeasurable harm and hardship for far more Pennsylvanians than the virus!
“Your enlisting of law enforcement to intimidate law-abiding citizens into accepting your unconstitutional dictate to close their business is offensive and an inappropriate use of our men and women in blue. Your divisive fear mongering tactics encouraging neighbors to turn in neighbors for non-compliance with your unconstitutional orders should never happen in the land of the free and home of the brave.
“You have no authority to imprison any citizen in their home or otherwise rob them of their right to put food on the table. Our right to arm and defend ourselves and our loved ones is non-negotiable, and you can expect us to vigilantly defend it on the state Capitol steps on Monday, June 8.”
Please Contact Your U.S. Representative Today and Ask Them to Vote Against H.R. 8 and H.R. 1112!
H.R. 8 and H.R. 1112 are up for a vote this week in the U.S. House of Representatives! These are Pelosi-Bloomberg gun control bills designed to score political points, and they won’t have any impact on crime or criminals, don’t address America’s broken mental health system and don’t address the underlying causes of violence. For more information, click here and here.
H.R. 8 criminalizes the private transfer of firearms and targets law-abiding gun owners for persecution. It would make criminals out of law-abiding gun owners for simply loaning a firearm to a friend or some family members. This bill would not stop criminals from obtaining guns because criminals do not comply with the law. And the legislation would be unenforceable without federal gun registration.
H.R. 1112 would allow the government to arbitrarily deny firearm purchases for law-abiding Americans. The legislation creates an unworkable system where gun buyers could be placed in an endless loop of background checks and would never actually receive the firearms they wish to purchase.
It’s imperative that you take action now to stop this ineffective and unenforceable gun control. Please use this link to let your elected officials know that you won’t be blamed for the actions of violent criminals. Ask your Representative to oppose H.R. 8ﾠand H.R 1112. Additionally, you may call your U.S. Representative using the Capitol switchboard at 202-224-3121.
Source: NRA / ILA
City agrees to stay on three gun-control bills while lawsuits play out in court
Pittsburgh’s three gun-control ordinances will not be enforced until the court deems them legal, according to an order issued by an Allegheny County Common Pleas judge Monday.
All parties agreed to the stay during a Monday morning meeting held in Judge Joseph James’ chambers between city lawyers and legal counsel representing opponents of the laws.
“That’s consistent with the city’s goal all along, which is to put this in front of the court, let the courts decide whether these ordinances are permissible under Pennsylvania law,” said Eric Tirschwell, an attorney with gun-control advocacy organization Everytown Law who is representing the city pro bono. “The city is not looking to prejudice anyone while those decisions are made.”
Everytown Law is the legislative arm of the national Everytown for Gun Safety organization.
This has always been the strategy, said Mayor Bill Peduto’s spokesman Tim McNulty. “The Mayor has said basically the same thing numerous times,” Mr. McNulty said.
The three gun ordinances, signed into law by Mr. Peduto in April, aim to ban the use of certain assault-style weapons and accessories as well as allow the courts to temporarily seize weapons from those threatening to harm themselves or others.
State and local gun-rights groups, as well as four local residents backed by the National Rifle Association’s Institute for Legislative Action, have filed three separate lawsuits against the city — including two actions to halt the laws and another petitioning to hold the city in contempt for violating Pennsylvania preemption laws on local regulation of firearms.
“We want to make sure the public is aware of the fact that these ordinances are stayed and that there’s not going to be any enforcement until Judge James has an opportunity to decide the matter,” said attorney Joshua Prince, who is representing state and local gun-rights organizations Firearms Owners Against Crime and Allegheny County Sportsmen’s League, which are plaintiffs in two lawsuits against the city.
Firearms Owners Against Crime has 1,789 members statewide, according to its civil complaint.
“Of course depending on what that decision is, there is the possibility to ask the appellate courts to continue any stays, pending resolution by them,” Mr. Prince of Prince Law Offices based in eastern Pennsylvania, said after the meeting.
During the roughly 45-minute meeting, the judge also granted motions to admit lawyers to the case, including the Mr. Tirschwell, even as Mr. Prince questioned the ethics, and cost, of the city being represented by attorneys outside of the city’s law department.
Two other Everytown attorneys, Ryan Gerber and William Taylor, attended the meeting, along with John Doherty of the city’s Law Department, and Kelly Iverson, of the Pittsburgh-based Carlson Lynch LLP, who is also representing the city pro bono.
Judge James said it’s “not unusual” for the city to hire counsel specializing in a certain area of expertise.
“They do it on a regular basis. … I appreciate your concern for my tax bill,” he said in response.
Attorneys representing local residents in the NRA-backed case — Peter Patterson, of the Washington, D.C.-based Cooper & Kirk, PLLC, and Thomas Pellis, of the Greensburg-based Meyer, Darragh, Buckler, Bebenek & Eck PLLC — were also present..
The judge also explored whether the parties agreed on standing for the cases.
“I believe this is an important case,” Judge James said. “I’m trying to move you people forward and you’re trying to move this into 2020. … At my age, you don’t even buy green bananas.”
Among the issues debated were whether the cases should proceed as three separate cases on parallel tracks and whether the city would be violating a 1996 consent decree striking down a prior attempt by the city to ban assault-style weapons.
The ordinances in question are “different,” Mr. Tirschwell said, calling them “an attempt by the city not to violate [state] pre-emption.”
One ordinance prohibits ﾓuseﾔ of “assault weapon[s],” defined as discharging, loading, brandishing, pointing, or “employing an Assault Weapon for any purpose prohibited by the laws of Pennsylvania or of the United States.”
“Unless one of these plaintiffs intends to do one of these things, these plaintiffs do not have standing,” Mr. Tirschwell said.
Mr. Prince disagreed, highlighting that his plaintiff Matthew Boardley, who is represented in the Firearms Owners Against Crime lawsuit, carries an AR-15 for his security duties at Heinz Field.
Judge James intervened and said, “OK, we’re pretty far down the road. It doesn’t seem you’re going to be able to agree on standing. … I can see where this is going. I guess this morning in the shower I was thinking we could expedite this.”
The parties met for a private scheduling meeting afterward, where it was decided that the parties have two days to file formal questions, which they must answer in two weeks.
Proceedings are expected to stretch into the summer or fall.
Source: Ashley Murray