The city's Law Department and its Police Bureau are at odds over a gun control bill.
A Ravenstahl administration lawyer testified yesterday that a proposed requirement that city gun owners notify police when their guns are stolen is unenforceable under state law.
Mayor Luke Ravenstahl has been silent on a bill three city councilmen proposed last month exposing gun owners to fines and possible jail time if they do not report their guns are stolen, and the guns are later used in crimes. The law -- also approved by Philadelphia and Allentown, after the General Assembly voted down a statewide version -- is widely supported by law enforcement officials statewide and opposed by gun-rights groups.
Police Chief Nate Harper testified in favor of the proposal at a council meeting yesterday, and so did Detective Jill Smallwood-Ruston of the Police Bureau's Firearms Tracking Unit.
Of the 1,007 firearms the bureau recovered last year, only 117 had been reported stolen -- of that number, 67 were from city gun owners and 50 were from outside the city, she said. The numbers this year are similar.
Also, of the 105 murders countywide this year, 90 have been gun- related; of the city's 64 murders, 51 were gun-related.
"We're not asking to violate anybody's rights," Detective Smallwood-Ruston said of her support for the bill. "I am asking us to make some changes [to target] those who should not be in possession of a firearm and those taking the time and energy to go down to a gun store and pass it on to someone who should not be having it in the first place."
The city's Law Department does not agree -- at least with the argument that the city can pass such a requirement. Assistant Solicitor Michael Kennedy said the department's study indicates that state law supersedes local governments on gun issues and the Pittsburgh measure would be unenforceable.
Lawyers for Philadelphia have argued differently, in a losing case before Commonwealth Court that they appealed to the state Supreme Court. State law, argued Philadelphia's Joe Grace, of gun control group CeaseFirePa, echoing the city's attorneys, only covers the legal uses of firearms. The local restrictions would instead target illegal uses.
Mr. Grace, CeaseFirePa's executive director, also acknowledged that the local ordinances are part of an effort to pressure the Legislature into making statewide changes to stolen gun guidelines.
The ordinance would require that anyone whose handgun is lost or stolen in the city tell police within 24 hours of noticing the gun's absence, or potentially face a $500 fine. Failure to report the loss of a second handgun would result in a $1,000 fine with the possibility of 90 days in jail.
Most council members seemed to lean in favor of the legislation, with the possible exceptions of Patrick Dowd and Ricky Burgess. Mr. Dowd -- who tangled a bit with Mr. Grace at the hearing -- said it did not go far enough to take illegal guns off the streets. Mr. Burgess, who requested the legal review of the bill, said he supports gun-control efforts but has concerns the bill is illegal and unenforceable.
Public comment on the legislation will be taken at a hearing at 10 a.m. tomorrow, with a council vote as early as Monday.
