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Allentown repeals gun law in fear of lawsuits

Bowing to pressure from pro-gun groups, Allentown Council repealed several sections of the city's gun ordinance Wednesday in hopes of avoiding a lawsuit.

The vote, which was unanimous, came in the aftermath of several lawsuits filed against cities across Pennsylvania challenging gun restrictions that each has on the books.

Mayor Ed Pawlowski, who pushed for the repeal, defended his record of backing gun control legislation, but argued that the city cannot afford such a lawsuit.

"I believe Allentown's laws that we are considering tonight are effective and reasonable," Pawlowski said in a statement that was read aloud to council members by Allentown's managing director. "However, I cannot put the city at risk of heavy financial loss with potential lawsuits."

The flurry of lawsuits has been brought on by a state law that gives the National Rifle Association and groups like it legal standing to sue cities over their gun laws. Since the legislation took effect in January, legal challenges have been filed against Harrisburg, Philadelphia, Pittsburgh and Lancaster. Many more cities have been put on notice by pro-gun groups.

At issue in Allentown are sections of the city's gun law including a prohibition on carrying guns in city parks and on city property, as well as a requirement that gun owners report lost and stolen weapons.

Allentown was one of several municipalities to pass the lost and stolen law in 2008, taking aim at "straw purchasers," a term for those who buy guns legally and sell them to felons who are prohibited from owning firearms. When those guns are used in a crime, they are traced back to their legal owners, who often tell police they were lost or stolen.

The repeal passed Wednesday axes the ban on weapons in parks, removes "firearms" from the prohibition of weapons on city property and removes the lost and stolen registry. New exceptions were added to protect the use of weapons in self-defense and to note that the law does not apply to lawful hunting and trapping of wildlife.

Councilwoman Jeanette Eichenwald, who voted in favor of the lost and stolen law when it first passed, said she did so to send a message to state officials that cities need help protecting their residents from guns. The state has done the opposite in making it easier to get sued, she said.

"We really do not have a choice," Eichenwald said. "We need to repeal this. If not, we open ourselves for a lawsuit that will cause us financial harm."

More than a dozen advocates for the gun control legislation including a local representative for CeaseFire PA attended the meeting in protest of the repeal. One woman read a letter from Linda Kozic, a victim of a 2013 shooting at a municipal meeting in Ross Township, Monroe County, urging council members not to repeal their gun laws. Kozic was wounded when a man upset with local lawmakers opened fire at the meeting. Her husband was killed.

Fritz Walker, a representative with CeaseFire PA, urged the city to consider attaching a proviso to the repeal requiring the affected laws to be reinstated should the state enabling legislation for the lawsuits be struck down. The repeal passed without such an attachment.

"It's unfortunate that the gun lobby has so little regard for the citizens of Allentown," Walker said.

Several representatives from the local Tea Party also spoke out at the meeting. An attorney for the group advised Allentown in January that is has legal standing to sue over the laws. Eric Trimmer, speaking on behalf of the group, said it is disingenuous for Allentown to expect citizens to comply with its laws when it does not comply with state law.

"Be genuous people," he said. "There's laws against killing people, and criminals still kill."

Allentown is not the only city caving to pressure from gun advocates. In mid-January, the Associated Press reported that more than 20 municipalities in Pennsylvania had repealed or pledged to repeal potentially problematic gun ordinances in light of the law granting new groups standing to sue.

In Bethlehem, council has taken the first of two steps needed to repeal an ordinance requiring a $2 permit fee to carry a gun. The fee isn't consistent with state law which prohibits cities from regulating firearms, city officials said.

Officials from several other cities, including Philadelphia, Pittsburgh and Lancaster, have pledged to fight the lawsuits, filing their own challenge which questions the procedure used to pass the enabling legislation, arguing that lawmakers didn't follow the state constitution when passing it.

Allentown's state delegation has divided over how the city should proceed given the threat of lawsuits. State Rep. Peter Schweyer has argued that the city should keep its gun laws on the books rather than living in fear of a lawsuit. State Rep. Mike Schlossberg favored repealing the law with hopes of reinstating it in years to come.

Michael Donovan, a former member of city council who supported the lost and stolen gun law, said Allentown should be joining other prominent Pennsylvania cities in their fight against the state law.

"Allentown is the third largest city in the state," he said. "It is claiming a renaissance for wealthy, white individuals who wish to be safe. I believe the mayor has a responsibility to join the fight against this law."

Distributed by Tribune Content Agency, LLC