Senators Haywood and Hughes have proposed a bill to ban ownership or possession
In 1790, Pennsylvania adopted one of the most strongly worded phrases that have ever been written to protect Pennsylvania Law Abiding Gun Owners (Penn LAGOs).
The right of the citizens to bear arms in defence of themselves and the State shall not be questioned.
Today, this language is found in Article I Section 21 of the Pennsylvania Constitution.
These words represent the longstanding, unwavering need to expressly protect the natural, inalienable right to bear arms. In fact, these words influenced the guarantees enumerated in the Second Amendment, as well other state constitutions.
It seems like a simple concept. It is written in a clear and concise manner. There is no mention of the “militia” to confuse some people ― it expressly applies to “the citizens.”
It also openly describes its purpose, “defense of themselves and the State.” Sorry Governor Cuomo, but your famous “No one hunts with an assault rifle. No one needs 10 bullets to kill a deer . . . .” speech is even more clearly and unquestionably irrelevant here. Frankly, “No one defends the State with an assault rifle. No one needs 10 bullets to defend themselves” sounds ridiculous, as it should.
Unfortunately, the Pennsylvania Constitutional protection wrapped in a clear, simple, concise statement has not always deterred certain Pennsylvania legislators from making efforts to not only question, but significantly diminish the right to bear arms in Pennsylvania. We’ve talked about some of the bills proposed by legislators who wear their pejorative attitude toward firearms on their sleeve [see Proposed Bill Banning Human Silhouette Targets; PA Bill Seeks Gun Registration].
None have come quite this far.
On October 9th, Pennsylvania Senators Haywood and Hughes proposed a bill that would make it illegal to own or possess a firearm in Pennsylvania without a special license. [View SB 1029].
In what other context does the law require a license to exercise an enumerated constitutional right?
Pennsylvania’s appellate courts have repeatedly held that despite the “shall not be questioned” language provided in our constitution, the right to bear arms is neither absolute nor unlimited. But this would criminalize the most basic, fundamental exercise of that constitutional right. Essentially, the law, if enacted, would criminalize the otherwise entirely lawful possession of any firearm in one’s home unless that person has gone through the proposed licensing procedure.
Even New Jersey doesn’t go that far. While New Jersey requires a Firearms Purchaser Identification Card and/or a Permit to Purchase a Handgun to lawfully buy a gun, there is no license required for one to merely own or possess a firearm in one’s own home. If Haywood and Hughes get their way, this will not be the case in Pennsylvania.
How do you feel about it? Tell your local representative. We will continue to track this bill very closely and keep the Penn LAGOs informed.