Libertarians again urge sanctuary status
Commissioners urged to support gun ownership rights
Members of the Berks County Libertarian Party are not giving up on their call for county commissioners to join a growing trend across the country by declaring the county a Second Amendment sanctuary — vowing to establish a local jurisdiction where gun laws they view as unconstitutional will not be enforced.
Jerry Geleff, chairman of the local Libertarian Party, once again urged the board at its meeting Thursday to pass a resolution proclaiming support for gun ownership rights. He made the same pitch last week with no success.
And once again the commissioners declined to comment on the request.
Hundreds of counties nationwide, including three in Pennsylvania, have passed similar Second Amendment sanctuary resolutions. Gun Owners of America has served as a leading national organization of the movement, helping local municipalities draft legislation as well as organizing citizen petitions.
The movement is a reference to the “sanctuary” status of places that declare opposition to certain federal immigration enforcement efforts. In those cases, local law enforcement officials vow not to help Immigration and Customs Enforcement detain or deport undocumented immigrants, which is considered a federal responsibility.
Commissioners Chairman Christian Y. Leinbach approached supporters following the meeting last week to explain that he’s unlikely to support the resolution, pointing out that becoming a Second Amendment sanctuary county has no legal basis because only the courts have the power to overturn state and federal laws.
He instructed the group to focus its efforts on convincing state and federal lawmakers who represent Berks to oppose proposed gun control legislation that is being discussed in the state Legislature and Congress.
But Second Amendment supporters are refusing to back down.
“One of things you said during our conversation is that you didn’t want to give gun owners a false sense of security, but if you think you can give gun owners a false sense of security you’re underestimating what gun owners go through every day,” Geleff told Leinbach. “I have friends who think that my gun becomes animated when it leaves my pocket and is looking for someone to hurt. They don’t understand how guns work.”
Exeter Township resident Jeff Douglas told the board that now is the time to take a stand.
Douglas said there are 25 gun control bills under consideration in the state Legislature. And he pointed out that Gov. Tom Wolf devoted a significant portion of his annual budget address last month to make an aggressive appeal for stronger gun control that includes the passage of a red flag law, which would allow judges to temporarily seize firearms from those deemed a potential threat to the public.
“We need to stand up for this constitutional right and let lawmakers know their red flags aren’t flying here,” he said.
Bernville resident Peter Schwarze tied the issue to a topic that Leinbach had brought up earlier in the meeting regarding the protection of federal benefits for those who are accused of a crime and committed to county prisons.
Leinbach had highlighted discussion about the topic during his summation of the 2020 National Association of Counties Legislative Conference. He told the audience that the organization is considering filing a lawsuit against the federal government that would allow inmates in county prisons to keep their federal health care benefits until they are convicted of a crime. Currently, when someone is committed to prison they lose those benefits.
“It’s a constitutional issue because in America, unlike many other countries, you’re innocent until proven guilty,” he said. “This strategy assumes they’re guilty and then places the burden to pay for that health care on local taxpayers. If we don’t get some movement pretty quickly, we may file a lawsuit challenging the federal government for violating the constitutional rights of those accused of a crime.”
Schwarze commended Leinbach for taking an interest in that issue. But he said he found it strange the commissioners would consider joining a federal lawsuit to protect the constitutional rights of people accused of a crime but refuse to pass a resolution to protect the constitutional rights of law-abiding citizens.
“Red flag laws are currently circulating in the state Legislature, and red flag laws say that based only on an accusation a person could have their weapons removed from their home when they’ve done nothing wrong,” he said.
Schwarze suggested the resolution be placed on the ballot in November, allowing county residents to have a say in the discussion.
Also at the meeting, the board approved a raise and one-time bonus for Berks County Elections Director Deborah Olivieri.
Olivieri’s salary was raised to $88,996 and she received a $2,000 award for overseeing the acquisition and implementation of new voting machines last year to replace the 30-year-old machines, fulfilling a state directive that all voting systems must produce a paper trail to track the ballots.
“Debbie, along with her staff, did a tremendous job,” Leinbach said following the approval of the award. “This is not something that is done on a regular basis so this is significant. She went above and beyond the normal duties of her role as a director and we wanted to recognize her in this fashion.”