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Federal ‘Universal Background Checks’ Already Exist: Opposing Pennsylvania’s HB 714
RE: Written Testimony of Kristie Tertel– National Director of Legislative Policy, The Heller Foundation
ATTN: House Judiciary Committee (PA)– Opposition to HB 714: Universal Background Checks
April 26, 2023
Dear Honorable Mr. Chairman and ranking members of the Judiciary Committee-
My name is Kristie Tertel and I am the National Director of Legislative Policy at The Heller Foundation. I have included my non-profit organization’s written testimony in OPPOSITION to HB 714, as amended. The Heller Foundation is a 501c(3) non-profit organization that leads both Pennsylvania and the nation in advocating for our God-given, Constitutionally-entrenched right to bear arms and self-defense. The Second Amendment is a human right. Our tireless work leads the way to setting binding precedent through lawsuits and advocacy for Coloradans and their families. In addition, 2023 marks our 15th year in advancing policy measures to help close the gap between legal and lived equality for all residents of Pennsylvania- and beyond. The Heller Foundation’s ground-breaking work and track record of success proves we have also re-invested time and resources tirelessly throughout the state simply because our organization understands the great importance of adequate, effective representation- not only throughout Colorado; but, across the entire country.
First and foremost, The Heller Foundation OPPOSES HB 714 because it is a waste of already limited resources, time and tax-payer dollars as the bill is fundamentally flawed in intent, purpose and content. HB 714 imposes a very high burden on law-abiding gun owners and imposes additional fees to conduct said ‘universal background check’, which fundamentally disenfranchises Pennsylvanian’s with a lower socio-economic status, crime victims, minorities, LBTQ+ community, single parents, people with disabilities as well as creates ‘soft targets’ for criminals against taxpayers who cannot otherwise protect themselves and their families against violent crime through the use of a firearm- a right protected by the Second Amendment of both Pennsylvania’s and the United States Constitution.
Additionally, HB 714 is wasteful spending of limited Pennsylvanian taxpayer dollars and misuses the already strained resources of the state government because a ‘universal background check’ is already required to legally purchase a firearm. There is no such thing as a ‘gun show loophole’ as a legal private gun transfers still require FBI background checks through the use of the NICS system and FFL dealers.
Furthermore, The Heller Foundation vehemently opposes HB 714 as it is in direct conflict with the Bruen decision, the Heller decision and the United States Constitution. In addition to Bruen, “The Heller case is clearly one of the most important Second Amendment cases in American history, if not the most important,” notes UCLA Law School professor, Adam Winkler. The Heller Foundation’s Founder and Executive Director, Dick Heller, was the key plaintiff and namesake in the Supreme Court of The United State’s landmark 2008 decision- DC v Heller.
In 2022, the United States Supreme Court declared a ‘new’ standard for Second Amendment jurisprudence in deciding Bruen. Fundamentally, Bruen struck-down the state’s concealed carry law, but also established a new “text, history and tradition” standard by which courts must rule on Second Amendment challenges. Accordingly, the Bruen “text, history and tradition” two-prong test now governs all laws, nationwide, restricting the right to keep and bear arms; and, consequently, invalidates any and all gun laws that fail to meet said standard, infra. This bill fails the Bruen and Heller tests and is therefore unconstitutional for the following reasons.
Prima facie, the first step of the Bruen test requires courts to determine whether the “Plain text” of the Second Amendment in the United States Constitution covers the challenged action. This is definitely the case here. As such, since the ‘text’ does in fact cover the action at issue, and now, the government (IL) bears the burden of showing that the challenged regulation is consistent with the nation’s historical tradition of regulating firearms, as set forth in Heller. HB 714 and it’s co-sponsors have all failed to meet that standard in earlier testimony as well as within the context of the proposed bill, as amended, itself.
Further, the second prong of the Bruen test requires the government to prove that a regulation implicating people, conduct or arms falling within the ‘plain text’ of the Second Amendment is consistent with the American historical tradition of regulating firearms. HB 714 does not meet that requirement.
Consequently, The Heller Foundation urges all members of Pennsylvania’s House Judiciary Committee and all elected members of the state House and Senate to vote ‘no’ to HB 714. This unconstitutional bill is akin to failing the standards set by the United States Supreme Court in both the 2008 DC v. Heller decision as well as 2022’s NYSRPA v Bruen 6-3 majority decision, insofar as HB 714 violates the 14th Amendment of the United States Constitution through ‘preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public.” Bruen’s test reinforces the Heller decision, and as such, HB 714 in unconstitutional on the grounds of requiring a ‘special need’ (for self protection) by requiring additional ‘universal background checks’ to buy a firearm and is in direct violation of the Second Amendment, as well. Moreover, in Heller, Justice Antonin Scalia, wrote in the 5-4 majority opinion, that the Second Amendment is an “individual right of the people to keep and bear arms, shall not be infringed” and the binding precedent set forth in Heller codified this human right, of which, HB 714 is breaching.
Overall, HB 714 is unconstitutional, illegal, immoral, unethical and unsound. The Heller Foundation OPPOSES HB 714 and urges the Illinois Senate and ranking members of the House Judiciary Committee to vote ‘no’ (AGAINST) on HB 714, as amended, today in the closed voting session, which is not open to public testimony.
Thank you in advance for any and all consideration on this imminent public policy, Constitutional and human rights matter.
Respectfully Submitted,
Kristie J. Tertel
Kristie J. Tertel
National Director of Legislative Policy,
The Heller Foundation
www.HellerFoundation.org
