Date: Tue, 25 Sep 2001 13:01:02 -0400
To: Matthew Gaylor <freematt@coil.com>
From: Matthew Gaylor <freematt@coil.com>
Subject: Homeland Security Tom Ridge's Pathetic Record on Firearms & Rights
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[Note from Matthew Gaylor:  This is an analysis of Pennsylvanian 
Governor Tom Ridge's record from 1998 compiled by the Allegheny 
County Sportsmen's League, Inc. and several other Pennsylvanian civil 
rights groups.  Thanks to Roy Pittman <roypittman1@juno.com> 
President, Pennsylvania Gun Owner's Association for providing the 
information and for mentioning that Gov. Ridge while serving as the 
Congressman from the 21st District in Pennsylvania was yet another 
Republican sellout who voted for the 1994 crime bill which 
criminalized high-capacity gun magazines.]


  <http://www.hhi.com/foac/ridge/Ridge_new_982.html>

Firearms Owners Against Crime (FOAC'S) ANALYSIS OF THE RIDGE RECORD 
ON FIREARMS AND RIGHTS


1.ACT 17 of 1995 (S.S.H.B. 110) is the result of Ridge's 
Special Session on Crime. The focus was on increasing the regulatory 
burden for firearms purchase, ownership and, in some cases, use. The 
result has been a virtual breeding ground for slipshod, biased and 
politically expedient prosecutions.


2.Mental Health Statutes- For the 1st time ever, an evaluation 
(which can be instituted by virtually anyone) by medical 
professionals can result in the permanent loss of constitutional 
rights. Due process protections, already weakened by inadequate 
enforcement of law, have now been virtually eliminated. Consider the 
following personal tragedy: See the attached statement of Mr. Russell 
Laing

3.Conference of the States (S.R. 12) This effort was a thinly 
veiled attempt to REPLACE our current FEDERAL Constitution. The goals 
were "fundamental, structural and long term reforms." This Initiative 
was conducted in conjunction with the Council of State Governments, 
in ALL 50 State Legislatures, utilizing formal resolutions with a 
simple majority of States as the goal. Florida Law Professors Steven 
Gey, John & Ashley Frost and Nat Stern described this as a "Šrecipe 
for a constitutional crisis, and the destabilizing effects of such a 
crisis would reach into every aspect of our political, legal, and 
economic life." Ridge lobbied hard for this legislation and for the 
conference to take place in historic Philadelphia.


4.States Rights and Federal Cops (S.B. 75) This legislation 
would have given Federal Law Enforcement, all 57 AGENCIES, the 
ability to enforce ALL PA laws with immunity from either criminal or 
civil liability. Additionaly there are no requirements for training 
in Pennsylvania law. As has been repeatedly demonstrated around our 
nation, most recently in Elizabethtown, Federal law Enforcement 
operates, at times, outside the law. In the Elizabethtown PA 
incident, FBI Agents on a training mission for terrorist incidents 
seized a car of teenagers who just happened to be driving down the 
street. In the process of this dynamic seizure the agents caused 
several car accidents, dragged the children from the car and held 
them at gunpoint for a period of time. This action caused outrage 
among the local citizens and media when the Agents were not held 
accountable for their actions and even tried to intimidate the media 
to prevent coverage of the incident. When officials fail to respond 
to correct these abuses by law enforcement, their only recourse is 
through tort action in civil court. Something Tom Ridge tried to 
eliminate via Senate Bill 75.

.
5.Firearms Registration in PA is illegal. However, in 1995 the 
City of Pittsburgh and the U.S. Justice Dept. attempted to create a 
registry of all gun owners in Pennsylvania's 4th, 12th, 14th, 18th, 
20th congressional districts. This registry would be tied to a 
geographical interface system so that the locations of gun owners 
either as a whole or by specific query could be displayed on computer 
generated maps. The Allegheny County Sportsmen's League sued to put 
an end to this effort. The Allegheny County Court of Common Pleas 
found that this project was illegal under Pennsylvania law and order 
the City and their consultants to cease and desist. The City 
continues to appeal the previous decision. Although amendments to ACT 
17, proposed by the ACSL, were enacted into Law as Act 66, make it a 
criminal offense to create such a registry, the Ridge administration 
has REFUSES to enforce this provision of the law.


6.Bait & Switch - Gov. Ridge has diverted funds from useful but 
low visibility projects to high visibility, "politically correct" 
projects. For instance, the criminal records database in Pennsylvania 
needs to be modernized and updated. Provisions of the Brady Bill made 
$2,000,000 available for that purpose. Instead, Governor Ridge 
created a new specialized "Domestic Violence Database." Ironically, 
80% of domestic abuse cases would have been included in the general 
database. The Pennsylvania state Police continue to suffer with a 
communications system so antiquated and unreliable that officers have 
taken to using cell phones to call for backup. However, the Ridge 
administration has the manpower to institute a communications and 
real time record keeping system for law abiding purchasers of 
firearms.


7.(Questionable Ethics - Act 17 requires ALL firearms 
transactions to take place in a dealer's place of business. Gun Buy 
Back programs violate this law. The Ridge administration has allowed 
these media spectacles to go unchallenged. Yet, throughout this 
state, average citizens are being swallowed up by politically correct 
prosecutions. Consider, John Heidler, a 60% disabled Vietnam Veteran, 
has been found guilty of violating Sec. 912 of State law. His crime 
was the lawful, licensed carrying of a firearm when picking up his 
son from school. Mr. Heidler relies on a firearm to defend himself, 
and his family, because of his disability. Where is this 
administration's concern for Justice?

Gun Owner - Themes for the Pennsylvania Governor's Race


*Ridge has deceived the gun owners throughout his career. 
While in Congress, he intentionally voted for the Semi-Auto gun ban. 
This was one of only two votes, not counting procedural votes, he had 
on the gun issue his last term in Congress.

*As Governor, he has initiated the most striking 
anti-individual rights campaign in history. He has attacked almost 
every amendment in the Bill of Rights in the U.S. Constitution as 
well as the Declaration of Rights in the Pennsylvania Constitution. 
Consider his legislative agenda:


*ACT 17 - This anti-gun legislation was supported and 
initiated at the request of the governor. It represented a 
significant change in tactics for the gun control crowd. Instead of 
banning specific guns, it created a whole new class of criminal 
activity including many non-violent or technical offenses that would 
result in the loss of gun ownership rights. This is the same tactic 
used by Hitler in Germany. As passed:

1.Act 17 established an instant check system with a State 
Transaction fee ($3 at present but will be reviewed in five years) 
and an authorized Dealer Transaction Fee ($2).


2.Can allow the police to require dealers to lock their guns in 
a vault at the end of each business day.


3.Requires that ALL HANDGUN sales (except maybe those via 
parent and child) be sent through the instant check system.


4.Makes the seller of any firearm criminally and civilly 
responsible if the gun is used in a crime. If the gun was sold 
through a dealer and RECORDED in the STATE POLICE COMPUTER SYSTEM 
then that is proof the seller is not criminally liable. However, 
there is no mention of removing civil liability from the seller. This 
essentially bans the private sale of guns.


5.Created a restricted fund for deposit of the $3 per gun sales 
fee. Other legislation being introduced will allow anti-gun groups to 
use this fund for "gun-violence education programs" in our local 
schools.


Denies DUE PROCESS by allowing ANY MENTAL HEALTH CARE PROFESSIONAL 
(this includes psychiatrists, social workers, psychiatric nurses) to 
declare an individual a threat to themselves or others. That 
individual will then have all their guns confiscated and will be 
banned from owning or purchasing any gun in the future. The mental 
health professional making such claims are given immunity from any 
liability for any mistakes they may make. (This was modified in later 
legislation so that anyone served with an ACT 302 mental health 
commitment would have their guns confiscated without reimbursement. 
An ACT 302 is an observational period in a hospital to determine if a 
person is mentally competent. Just that fact that they were observed 
denies them a basic right without judicial review. Even if they are 
released and judged competent they are still denied gun ownership. 
This is the current law as of 1/1/1998)

Turns a paperwork offense into a felony. Carrying a concealed weapon 
without a valid carry permit (expired, etc) has been moved from a 
misdemeanor to a felony. However, not having a carry permit at all 
and carrying a concealed weapon is just a misdemeanor! (A correction 
was made in 1997, almost three years after ACT 17 passed, however 
this penalty is still a misdemeanor 1,which still disqualifies a 
citizen from ever owning firearm.)

 Supposedly this bill does not allow gun registration. However the 
record of sale and instant background check sent to the State Police 
Computer contains the buyers Name, Address, Phone Number, SSN and the 
type of GUN purchased including make, model, and Serial Number.

Any weapon that launches a projectile by the expansion of a gas (i.e. 
BB guns and pellet guns) are classified as firearms.


*Senate Bill #75, Special Session No.1 (printer's No. 97) 
introduced by Senators Salvatore, Lemmond, Fisher, Bell and 
Andrezeski. Although this bill did not pass it further illustrates 
the Ridge Agenda. It would have allowed any FEDERAL AGENT authorized 
by the federal government to carry a firearm (FBI, BATF, IRS, Park 
Ranger, Postal Inspector, etc) to enforce PENNSYLVANIA LAWS down to 
the summary offense level. In addition they would have been given 
immunity both criminal and civil for any actions they took while 
enforcing those laws. This means that they could have enforced any 
state or local law down to, but not including, parking and speeding 
tickets. This bill essentially federalized all state and local laws 
(felonies and misdemeanors).


*Senate Bill #806, Regular Session of 1995 (printer's No. 855) 
introduced by Melissa Hart, et. al. would amend the state 
constitution to relax the state limitations on search and seizure. It 
makes the State Constitutions provisions on search and seizure in 
conformity with the fourth amendment to the federal constitution as 
interpreted by the United States Supreme Court. Presently the State 
Constitution is more restrictive on search and seizure than the 
Federal Constitution. This also may apply to the definitions of the 
taking of property for civil purposes as well as criminal activity. 
In essence this bill if passed would have deleted Section 8 of the 
Declaration of Rights in the Pennsylvania Constitution.


*Right of the victim to be confronted by the accuser - In 1996 
or 1997 the Pennsylvania Constitution was changed to allow video 
taped testimony as evidence in certain types of cases, ostensibly 
child abuse cases. However, there was enough vagueness in the wording 
to allow for expanded use of this type of testimony.


*S.B. 653 - Roving Wire Tap Bill This similar bill was part of 
the federal anti-terrorist legislation package, but was removed as 
being far too intrusive. It was picked up by the Council of State 
Governments and pushed at the state level throughout the 50 states. 
This if passed allows

1.Roving taps The warrant, allowing the tap, defines a specific 
individual rather than a specific phone or communication line. 
Therefore, any communication device that individual uses or to whom 
he makes a call can be tapped. If an individual calls a another 
person, that person and any one he/she calls can be tapped arising 
from the call initiated by the first person on whom a warrant has 
been issued.



2."Good faith" wire taps If a specific warrant was not issued 
prior to the tap, it can be introduced as evidence if the police were 
acting in good faith! See subsection 5a above relative to the roving 
feature.



3.Allows any other "police agency" (state, federal, or local 
government entity) to tap the phone lines of Pennsylvania residents 
without securing a warrant or notifying Pennsylvania authorities.



4.Trial by Jury A ballot Initiative has passed that amends the 
state constitution to allow the prosecutor to demand a trial by jury. 
Currently the accused can specify a jury or non-jury trial. This 
provision can make it cost prohibitive for an ordinary citizen to 
challenge wrongful prosecution.

Russ Laing


302 Mental Health Abuse Victim


By way of introduction I am a resident of Allegheny County who, in 
early 1996, was twice illegally subjected to brief mental health 
detentions under Section 302 of the PA Mental Health Act of 1976, in 
an outrageous and illegal manner.

My record is spotless, (I don't even have points on my traffic 
record). I was never alleged to have made any threat or 
public/private disturbance in either of the two detentions, I hold a 
responsible job as a senior member of management at the parent 
company of Allegheny General Hospital. I was committed without a 
warrant on both occasions by a local (within Allegheny County) police 
department, and in neither case was I ever subjected to any kind of 
hearing or other formal adjudication.

My case was heard in the Allegheny County Court of Common Pleas 
before Judge David Cercone. There were a total of four hearings 
utilizing three different members of the District Attorney's Office. 
Initially the Judge granted a motion to have my seized valuable gun 
collection returned. He then reversed himself and revoked the 
original order, without comment. Although I passed the original as 
well as court requested psychological examinations with flying colors!

In the final hearing, Assistant District Attorney, Dan Fitzimmons 
stated that the 2nd amendment only pertained to the National Guard. 
He then cited the provisions of Title 18 of the Pennsylvania Crimes 
Code governing firearms. Stating that once an Act 302 has been 
initiated, regardless of outcome the individual is barred from owning 
or possessing a firearm for life! All guns are confiscated without 
due process or financial compensation.

Mr. Fitzimmons further argued that even if he upheld my claim that 
the provisions of Act 17/66 were overruled that this brief 
psychiatric detention of less than five days (Section 302) never 
involving any adjudication (such as a warrant or a hearing before a 
judge, mental health officer or other lawful authority) may, 
nonetheless, constitute being "involuntarily committed to a 
psychiatric institution" and therefore preclude firearm ownership 
under FEDERAL firearms law.

Both detentions have not only violated Pennsylvania mental health 
laws but also my Constitutional Rights to Due Process and unlawful 
search and seizure.

To continue my fight, I have retained a second attorney to file a 
case seeking to have the local police either justify their actions in 
subjecting me to a psychiatric detention, or else have both 
"commitments" overturned. In the 2nd episode, the local version of 
Barney Fife and company surrounded my home for some 40 minutes with 
their guns drawn. They then stormed into my house to find me sleeping 
in my bedroom-and all this without a warrant or any other permission 
from anyone to enter my home! I feel that I have been in a Stephen 
King version of "Andy of Mayberry."

Copyright 1998, by Firearms Owners Against Crime - P.O. Box 74 Presto, PA 15142

###

Gun Registry Law Suit - ACSL et. al. vs. Tom Ridge
<<http://www.nauticom.net/www/acsl/register/registration.html>http://w 
ww.nauticom.net/www/acsl/register/registration.html>

NRA-ILA Staffers Keep Silent on Gun Legislation? (Ridge's Refusal to 
fund Compliance Audit on Pennsylvania Instant Check System to protect 
State Police registry) 
<http://www.nauticom.net/www/acsl/alerts/alert_no_2_SB%201444.htm>



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