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October 11th, 2010, 10:04 PM
House breaks logjam on home defense
By Brad Bumsted (bbumsted@tribweb.com), TRIBUNE-REVIEW
Sunday, October 10, 2010
HARRISBURG - Gun-control advocates were furious, claiming that supporters of the Castle Doctrine extension had unfairly cut off debate on the bill, which would expand Pennsylvania's law on self-defense.
They were outraged -- outraged, mind you -- that numerous amendments could not be offered, such as closing the so-called Florida loophole that allows Pennsylvanians to get a license to carry a firearm in another state such as Florida even if they've been turned down in a Pennsylvania county.
Never mind that a minority of House Democrats had kept the bill bottled up and had no intention of allowing it to come up for a vote. It had been blocked for years. Last week's action was the first time "stand your ground" legislation has passed the House.
The bill would give people the right to use lethal force without retreat outside their homes when confronted by an assailant threatening death or serious bodily injury. They already have that right in their homes.
Because it was conveniently buried in the House Appropriations Committee, the kingdom of Chairman Dwight Evans, D-Philadelphia, the bill was just not moving despite having more than 150 co-sponsors, an unusually high number in a chamber where it takes 102 votes to pass a bill.
Several lawmakers supporting the bill filed a discharge resolution that enables a bill locked in a committee to be called to the floor for a vote.
Rather than be defeated on a discharge resolution, House Democrat leaders agreed to schedule a floor vote.
When the bill hit the floor, opponents were ready with numerous amendments. Had they passed, which was doubtful, the legislation would have been a hodgepodge of pro-gun and anti-gun measures.
So Sam Smith, House minority leader, in a parliamentary move that infuriated the bill's opponents, called to "move the previous question."
That means the House moves without debate or consideration of amendments to an immediate vote on the bill. Twenty House members had to stand up and be counted.
Smith's motion was approved 143-56, with three members excused.
Rep. Curtis Thomas, D-Philadelphia, an opponent, said the maneuver amounted to the minority leader trying to "shut this chamber up."
Uh, it was almost a 3-to-1 majority that agreed.
On final passage, 61 Democrats joined virtually the entire Republican caucus in approving the bill 159-38, with five members on "leave." The lone Republican against the bill was former Speaker Dennis O'Brien of Philadelphia.
It was almost a replay of what had occurred 24 hours earlier, on Monday, when the House gave preliminary approval.
On Wednesday, CeaseFirePA, a gun-control group, fired this round:
"Yesterday, for the second time, a majority of the Pennsylvania House supported the National Rifle Association, and turned its back on their constituents."
The Democrats supporting the bill included most Pittsburgh and Western Pennsylvania members.
Most of these guys are not NRA stooges.
Neither are the Republicans who voted for the bill.
Sure, the NRA supported it.
But in my view, this had a lot more to do with what the average gun-owning constituent was saying: It's not right that I could be tried for murder and sued for damages for defending myself -- without retreat -- outside of my home.
Members get that.
The Senate plans to vote on the bill this week. It will be interesting to see what lame-duck Gov. Ed Rendell, a former Philly district attorney, does if he gets the bill.
http://www.pittsburghlive.com/x/pittsburghtrib/opinion/columnists/s_703460.html
By Brad Bumsted (bbumsted@tribweb.com), TRIBUNE-REVIEW
Sunday, October 10, 2010
HARRISBURG - Gun-control advocates were furious, claiming that supporters of the Castle Doctrine extension had unfairly cut off debate on the bill, which would expand Pennsylvania's law on self-defense.
They were outraged -- outraged, mind you -- that numerous amendments could not be offered, such as closing the so-called Florida loophole that allows Pennsylvanians to get a license to carry a firearm in another state such as Florida even if they've been turned down in a Pennsylvania county.
Never mind that a minority of House Democrats had kept the bill bottled up and had no intention of allowing it to come up for a vote. It had been blocked for years. Last week's action was the first time "stand your ground" legislation has passed the House.
The bill would give people the right to use lethal force without retreat outside their homes when confronted by an assailant threatening death or serious bodily injury. They already have that right in their homes.
Because it was conveniently buried in the House Appropriations Committee, the kingdom of Chairman Dwight Evans, D-Philadelphia, the bill was just not moving despite having more than 150 co-sponsors, an unusually high number in a chamber where it takes 102 votes to pass a bill.
Several lawmakers supporting the bill filed a discharge resolution that enables a bill locked in a committee to be called to the floor for a vote.
Rather than be defeated on a discharge resolution, House Democrat leaders agreed to schedule a floor vote.
When the bill hit the floor, opponents were ready with numerous amendments. Had they passed, which was doubtful, the legislation would have been a hodgepodge of pro-gun and anti-gun measures.
So Sam Smith, House minority leader, in a parliamentary move that infuriated the bill's opponents, called to "move the previous question."
That means the House moves without debate or consideration of amendments to an immediate vote on the bill. Twenty House members had to stand up and be counted.
Smith's motion was approved 143-56, with three members excused.
Rep. Curtis Thomas, D-Philadelphia, an opponent, said the maneuver amounted to the minority leader trying to "shut this chamber up."
Uh, it was almost a 3-to-1 majority that agreed.
On final passage, 61 Democrats joined virtually the entire Republican caucus in approving the bill 159-38, with five members on "leave." The lone Republican against the bill was former Speaker Dennis O'Brien of Philadelphia.
It was almost a replay of what had occurred 24 hours earlier, on Monday, when the House gave preliminary approval.
On Wednesday, CeaseFirePA, a gun-control group, fired this round:
"Yesterday, for the second time, a majority of the Pennsylvania House supported the National Rifle Association, and turned its back on their constituents."
The Democrats supporting the bill included most Pittsburgh and Western Pennsylvania members.
Most of these guys are not NRA stooges.
Neither are the Republicans who voted for the bill.
Sure, the NRA supported it.
But in my view, this had a lot more to do with what the average gun-owning constituent was saying: It's not right that I could be tried for murder and sued for damages for defending myself -- without retreat -- outside of my home.
Members get that.
The Senate plans to vote on the bill this week. It will be interesting to see what lame-duck Gov. Ed Rendell, a former Philly district attorney, does if he gets the bill.
http://www.pittsburghlive.com/x/pittsburghtrib/opinion/columnists/s_703460.html