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Firearm proposal triggers debate

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Chris Foreman is a Tribune-Review staff writer and can be reached at 724-836-6646 or via e-mail.

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By Chris Foreman
TRIBUNE-REVIEW
Thursday, November 23, 2006


As an 11-year resident of Cherry Tree, Henry Statkowski is quick to describe the Indiana County borough as a quiet, peaceful and friendly place to live.

As a two-year member of the borough council, he's contributed to a group that has overseen the construction of sidewalks along Route 219 and the installation of a new sewer system in the town that borders Cambria and Clearfield counties.

But in his role as an elected official, the 59-year-old Statkowski is advocating a controversial idea in which the borough would recommend that the "heads of households" maintain a firearm for protection and receive appropriate training on how to use it.

"Are there a lot of folks in town that aren't aware that they have a legal right to own a gun?" asked Peter Hamm, the communications director for the Washington, D.C.-based Brady Campaign to Prevent Gun Violence.

The councilman, who has caused a stir by posting the draft language of his proposal on the Web site of the Pennsylvania Firearm Owners Association, insists he isn't a "gun nut."

He says he isn't even a member of the National Rifle Association.

Instead, Statkowski sees the proposal as the epitome of the slogan: "Homeland security begins at home."

"If someone doesn't want to, they don't have to," Statkowski said during a telephone interview Wednesday. "It's individual responsibility."

According to a draft proposal, which Statkowski has given to the borough solicitor to review, the mayor and police chief would be authorized to promote and encourage homeowners in the 450-resident community to receive firearm safety training.

The exceptions would cover those who suffer from a physical or mental disability that would prohibit them from using a firearm, "paupers," those who "conscientiously oppose" firearms for religious reasons and people with criminal records that would bar gun ownership.

Statkowski described the proposal as an ordinance, although it's unlikely to pass as such because there are no penalties for noncompliance. That would leave a resolution, if the majority of council members support it when they meet on Dec. 6.

Borough Solicitor Gary Jubas declined to comment about the idea until the next public meeting.

A governing body in Greenleaf, Idaho, enacted a similar measure earlier this month.

One of the most famous pieces of legislation along these lines was adopted in Kennesaw, Ga., in 1982. That measure passed as an ordinance requiring gun ownership, although there are no known cases of the prosecution of a resident who did not own a firearm.

"Why can't Pennsylvania do the same -- be proactive against crime?" Statkowski asked. "Let the bad guys know we don't tolerate this stuff."

Some communities, such as Morton Grove, Ill., have gone the other way -- moving to ban firearms within their borders.

In 1981, Morton Grove's council became the first in the U.S. to pass a firearm ban. The law survived a challenge before a federal appellate court and the Illinois Supreme Court. The U.S. Supreme Court chose not to hear the case.

In either case -- promoting gun ownership or banning firearms -- towns would have a difficult time enforcing the law, said Wayne Kablack, the solicitor for Indiana Borough.

"I don't think you're going to be able to force people to have guns in their homes," he said.

While some Cherry Tree residents the Tribune-Review interviewed this week said they didn't support putting a measure on the books, a member of the Johnstown Rifle and Pistol Club said there's nothing more intimidating to a criminal than a law-abiding citizen with a firearm in his hand.

"The fact that you are, in many cases, 20 minutes (or) 30 minutes from the police coming is usually 19 minutes and 30 seconds too late," said Rick Povich, the gun club's legislative affairs representative.

However, people who are inclined to have the means to protect themselves will do so whether or not a council passes something, he said.

"I think everybody should take responsibility for their own safety regardless of whether it's something recommended by an ordinance," Povich said.

While the Brady Campaign supports the right of law-abiding citizens to own firearms, Hamm said he believes Statkowski's idea would make a foolish public policy.

"It gets ridiculous when you start to go down the path that everyone should have a gun," Hamm said. "It seems that the more civil approach to policy on this is, if people don't want to have a gun, government should respect their right not to have one."


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