Legal questions remain about borough's lost-and-stolen ordinance
By Christopher Baxter and Tom De Martini
OF THE MORNING CALL
May 12, 2010

Wilson officials waded into a heated statewide debate over gun control Monday by passing an ordinance that requires residents to report lost or stolen firearms to police within 72 hours.

The law is designed to target "straw purchasers" -- people who legally buy guns at a store, traffic them to felons who cannot legally buy guns themselves, and then later claim to police that the guns were lost or stolen.

"Someone can just go get guns for anyone," Borough Council President Leonard Feinberg said. "These guns just get passed off."

Council unanimously approved the measure, which takes effect July 1. Wilson residents failing to report a missing firearm face a fine of up to $1,000, up to 90 days in prison, or both.

But the effectiveness and legality of the law remain to be seen. There is no state law governing lost or stolen gun reporting, and critics say that makes local rules illegal and unconstitutional.

Opponents also point out that "straw" purchases are already illegal -- though proving such a transaction can be difficult if someone is not caught in the act -- and that lost-and-stolen rules can victimize legal gun owners who may be unaware their firearm was taken.

The Pennsylvania Firearm Owners Association did not return a message seeking comment.

In 2008 the state Legislature considered a lost-or-stolen gun bill amid pressure from many Pennsylvania communities, but the legislation was defeated. The failure prompted municipalities to begin passing their own laws in protest.

Thirty-nine communities have since passed lost-or-stolen gun ordinances or otherwise expressed support for a similar state law, said Joe Grace, executive director of CeaseFirePA, a statewide gun control advocacy group.

"The resistance to this frankly still amazes us," Grace said. "It's just common sense. If your car's lost or stolen, you report it to police. Why would anyone object to reporting a lost or stolen handgun?"

The debate may finally be decided by the state Supreme Court, which is considering an appeal by the National Rifle Association challenging Philadelphia's lost-or-stolen law. Both of the lower courts ruled against the NRA because the group did not have standing to bring a challenge.

The NRA is also challenging a similar gun law in Pittsburgh. Allegheny County Court ruled against the gun group, and an appeal is pending before Commonwealth Court.

All three mayors of the Lehigh Valley's largest cities have expressed support for a lost-or-stolen gun law, most recently last year after three Pittsburgh police officers were shot and killed. But results in the Valley have been mixed.

Allentown City Council passed lost-or-stolen legislation in 2008, despite warnings from the Lehigh County district attorney's office that the law is unconstitutional and unenforceable. The city's police department was later directed by the district attorney not to enforce the law.

In 2008, and despite the support of Mayor Sal Panto Jr., Easton City Council voted down a lost-or-stolen ordinance after the city solicitor said it would not stand up in court. Bethlehem Mayor John Callahan has also said he supports a lost-or-stolen rule, but the city has no such law.

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