Over the weekend, it was reported by Reporter Keith Dmochowski of the Reading Eagle that during the South Heidelberg Township Board of Supervisors meeting on Thursday, August 10th, the Board of Supervisors agreed to require C.P. Tactical Solutions Inc. to enter into “a written agreement requiring background checks for gun rentals.” The article goes on to declare:
Solicitor Michael Gombar said that holding C.P. Tactical Solutions Inc. to a signed pledge will ensure that firearms are rented responsibly, despite the fact that background screenings for firearm rentals are not mandated by the township.
More interestingly, Solicitor Gombar further stated, in relation to a question as to why the Township hasn’t enacted an ordinance requiring such background checks of all firearm businesses, that
[t]he concern with putting anything into law is not necessarily that this company will not abide by it, but that the NRA and other gun-rights lobbies make it their point to find municipalities that are setting regulations, and fight them.
Nevertheless, Solicitor Gombar went on to declare that:
the terms of the agreement would allow police and code officers to perform random checks as a safeguard against potential violations…[and] that legal action would be pursued if the shop fails to provide background checks after signing the agreement. (emphasis added).
As a result, Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., filed a letter on behalf of its client, Firearm Owners Against Crime (FOAC), advising that any such agreement would result in felony and misdemeanor violations under the law and that FOAC was considering legal action, if the Township proceeded with the agreement. It appears that Solicitor Gombar and the elected Township Officials have failed to review federal and state law, both of which preclude the use of the background checks system (NICS and PICS, respectively), except in relation to the sale or transfer of ownership of a firearm. As an onsite firearm rental does not constitute a sale or transfer of a firearm, any use of NICS or PICS would be abusive and result in violations of federal and state law. They also appear unaware of the confidentiality provisions of Pennsylvania law, which also provide for civil liability, where confidentiality is breached.
If you or someone you know has been the victim of an unlawful municipal firearm or ammunition regulation or ordinance, contact FICG today to discuss your options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
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Josh: I would be happy to “rent” a firearm and then refuse the background check if you need names plaintiff’s who have been aggrieved by this illegal agreement.
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What an utterly asinine proposal. And what kind of incompetent township solicitor would not only go along with this, but then defend it with such offensively stupid language, and then bill for it. Anti-gun bigots have always had one major PR problem; They always sound like idiots.
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ugh… first national recip. then HPA then constitutional carry, finally an end to background checks.
^all on federal level^
may the wrath of god be brought down upon anyone trying to infringe on the 2nd.
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This is all about the Wernersville correctional facility walk aways which is getting out of hand. Since the bureau of prisons can`t control the situation they should close the facility down instead of bothering law abiding citizens with more onerous gun laws. The walk aways won`t take the time to try and rent a gun. They want to get as far away and as quickly as they can from the area.
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