SOLANCONEWS.com -- Cutler's Commentary

Cutler's Commentary: Are Gun Rights in Danger in the Commonwealth?
By Bryan Cutler, State Representative, 100th Legislative District
HARRISBURG -- With hunting season upon us, I wanted to take this opportunity to discuss firearm ownership and rights in Pennsylvania.

In September, the Pennsylvania Instate Check System (PICS) was shut down to perform upgrades to the Pennsylvania Computerized Criminal History Record Information System (CCHRI). This shutdown effectively put gun retailers out of business for four days during their busiest time of year. Adding insult to injury, these gun retailers were given minimal notice, having to cancel sales, expos and shows that were planned for the dates of the shutdown.

Only a few months ago, another blatant attack on the rights of law-abiding citizens occurred when House Bill 760 was introduced. This legislation, sponsored by a Philadelphia Democrat, sought to impose an annual registration fee of $10 per firearm. Even police officers would have to pay the registration fee for owning personal firearms in addition to their service weapons.

What is especially disturbing to me about this legislation is the fact that because of the Supreme Court ruling in Haynes v. U.S., criminals would not be required to register an illegally obtained firearm if doing so “violated his privilege against self-incrimination guaranteed by the Fifth Amendment.” This means that not only would citizens already obeying the law be the only people likely to register their weapons, they will be the only ones legally required to do so.

Such attacks on the rights of law-abiding citizens, which are guaranteed to us by the Constitution, are not only ill-advised, they also do little to fight crime.

While I certainly support any attempt to limit crime, there are more intelligent ways of accomplishing this goal. In the wake of these events, several of my colleagues have introduced legislation to better enforce existing laws and enact tougher penalties on those committing crimes, while protecting Pennsylvanians’ constitutional rights.

House Bill 641 was introduced as part of a legislative package to strengthen laws dealing with the use of lethal force for the purposes of self-defense. This concept is more commonly referred to as the Castle Doctrine. That said, it also offers specific protection against civil liability for the lawful use of self-defense.

Another bill in this package is House Bill 1092, which allows individuals with a valid Pennsylvania license to carry a firearm and to purchase additional guns without the expensive and duplicative requirements of multiple background checks through PICS.

Lastly, House Bill 1160 grants a temporary license to carry a firearm after passing a computerized background check of criminal history, juvenile delinquency and mental health record. The temporary license would expire after 90 days allowing for more than enough time to apply for a regular license to carry a firearm which requires a 45-day waiting period.

There are numerous pieces of legislation dealing with firearms, crime and gun control, so many in fact that I cannot talk about all of them here. A great way to stay informed is to visit my Web site, RepCutler.com. I look forward to providing you with the most up-to-date information on this topic.

Editor's Note: Cutler's Commentary is a monthly column, written by Rep. Cutler.

Past Articles:
Cutler's Commentary: Turkey Hunting With Dogs Has Its Day
Cutler's Commentary: Wishing You an S.O.S. – Summer of Safety!
Cutler's Commentary: A Thank You to Those Who Keep Society Moving
Cutler's Commentary: Hoping to Keep a Deer Friend
Cutler's Commentary: Seeking Citizens' Suggestions
Cutler's Commentary: A Review of My First Month in Office