Allentown RTKL Response to Illegal Firearm Regulation Proposals

As many of our viewers are aware, I frequently submit Right to Know Law (RTKL) requests to municipalities in relation to firearms law matters. After the City of Allentown noticed its intent to propose and adopt new firearm ordinances, in violation of 18 Pa.C.S. § 6120, I filed a RTKL Request seeking information relative to the proposals, including communications related thereto.

Specifically, I requested:

Any letter, email, fax or written communication from any person in the Lehigh County District Attorney’s Office or any person from the Office for Solicitor for the City of Allentown relating to any existing or proposed ordinance or regulation relating to firearms or ammunition from January 1, 2008 through the present.  Reporter Emily Opilo recently published an article stating that letters received from District Attorney Martin and Solicitor Wild relating to a proposed ordinance regulating firearms and ammunition were discussed at a meeting on August 17, 2016 – http://www.mcall.com/news/breaking/mc-allentown-lost-gun-law-committee-20160817-story.html

Today, I received a response from the City approving in part and denying in part my request. In addition to the cover letter, they produced 52 pages of records. While many of the pages are copies of cases, pages 1-2, 45-50 and 51-52 are letters from Lehigh County District Attorney James Martin informing the City, the City Council members and Mayor Ed Pawlowski that any such regulation is unlawful and unconstitutional. While it is extremely refreshing to see a District Attorney actively involved in a firearm and ammunition preemption issue, its unfortunate that no mention was made of the criminality of violating Section 6120, as such would be a misdemeanor of the first degree, pursuant to 18 Pa.C.S. § 6119, as well as constituting official oppression. Maybe, District Attorney Martin was saving the best for last, in case they elected to move forward with an illegal and unconstitutional regulation.

I, personally, would like to thank and commend District Attorney Martin for immediately and preemptively addressing this issue. Come election time, please always remember that District Attorney Martin is a staunch defender of Article 1, Section 21 of the Pennsylvania Constitution.

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Filed under Firearms Law, Pennsylvania Firearms Law

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