Philadelphia to sue state over gun laws

[michaelbane]

Originally Posted by billamj

I just had an idea that I'd like to bounce off of you guys. How many of you would be willing to put your name on a lawsuit on behalf of all firearms owners in the state of Pennsylvania. We could sue the city of Philadelphia, or selected politicians in philly, for infringing on our 2A, Article 1 Section 21 rights. If we could find the right lawyer, we might even be able to get this granted class action status. That might get these morons to wake the hell up.

I'm in for whatever amount of $$ I can contribute.

[pghplr]

Originally Posted by lonehiker

give filthadelphia to new Jersey. that way we don't have that sore on our back side any more and give Pittsburg to Ohio

I don't think Pittsburgh is as bad as Philly yet. You don't hear alot about the police hassling gun owners much. City Council isn't up in arms over gun control. Hopefully this sheriff gets knocked out of office. He seems to be the weakest link around here. My family will be voting to elect Mr Brown.
Besides, Cleveland is in Ohio, that just wouldn't work for me!

[WhiteFeather]

[quote=ChamberedRound;58340]The state Supreme Court and the PA Constitution will stop them. Home Rule is very valid and necessary, but Home Rule doesn't give a city or municipality the right to trample over a state law or an article of the Consititution.QUOTE]


This did not stop the city of Pittsburgh in 2007 about the elected sheriff vs. appointing a sheriff. With every version of the PA Constitutions from 1701 to present said elected sheriff and they wanted to "amended" the PA Constitution by a simple majority vote and appoint the sheriff. read it here http://acslpa.org/

They may not have the "right" but it doesn't stop a city council or a judge legislating from the bench and trampling a Constitutionally protected right - hence look at all the un Constitution gun laws currentily on the books now, that no one has the cash or will to fight them.

++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++

ACSL & PA Sheriffs Assoc. File Suit Over Proposed Changes to Sheriff

Thursday, March 08, 2007 the ACSL and the PA Sheriffs Association filed a joint lawsuit to seek an injunction against the move by Allegheny County Council to put to the voters the proposed change to appointing the Allegheny County Sheriff.

This action became necessary due to the unwillingness of council to address our concerns over the unconstitutionality of this change as well as the disenfranchisement of gun owners and sportsmen and women to choose their elected representatives.

It is also a fact that Home Rule and the County Charter permits changes to the form of county government to take place every ‘five’ years. The five year window for a legitimate petition for change will not open for years and that is why the changes to the Sheriff’s office would not take place until 2010 according to the measure passed by Council.

Since 1701 the Pennsylvania heritage has been to elect our representatives to office while at the same time recognizing the importance of modifying the ‘form’ of government that represents us. To consolidate the power of appointment in just a few, or one, elected officials is a rejection of one of the most important concepts of man – an elected representative government. The answer to corruption (which has been with us since the dawn of time) is not to take the power of the people away BUT to hold those who are guilty of crimes and conduct unbecoming RESPONSIBLE for their acts.

here is the outcome of this lawsuit

ACSL Update

The ACSL and the PA Sheriffs Association won our joint lawsuit STOPPING the move by Allegheny County Council to put a referendum question to the voters that would propose changing the Allegheny County Sheriff from a position elected by the people to one that would be appointed by the County Executive.

As you may be aware of, lawsuits cost a lot of money and this legal action has cost us over $19,000.

If you value this effort on ‘your’ behalf and can help us in any way to offset this financial burden, please send a contribution (payable to the Allegheny County Sportsmen’s League) in any amount to:


The Allegheny County Sportsmen’s League
1028 Hulton Road
Pittsburgh PA 15147

Please mark in the “memo” portion of your check “ACSL Legal Fund”

Thank you in advance for anything you can do to help us.

[SGTUSArmy]

Here's an idea. Let's vote to make all of the metropolitan hotspots their own federal districts. That way they can pass whatever laws they want to without trampling all over the rest of the people.

Wasn't the US Consitution written in such a way that they wants of the many would not trample the rights of the few. Even though most states have one or two areas of major population, those one or two areas trample the rights of the rest. Look at New York City and what it has done to New York State. Look at Philly and Pittsburgh. Look at Baltimore. Look at Atlanta. Los Angeles. Cleveland and Cincinatti.

90%of the state can look at issue one way, but because a majority of the population lives in this one city and is so left leaning, they get what they want. Anyone else see the issue this is causing?

[m1garande]

Philly Bypasses State, OKs Gun Control -

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PHILADELPHIA — The City Council approved limits to gun purchases with the promise to sue state lawmakers to enforce it, saying the city could no longer wait for the Legislature as the murder rate skyrockets.

Only state lawmakers can enact firearms laws in Pennsylvania. But with 137 homicides in Philadelphia so far this year, Councilman Darrell Clarke said the city had to do something.

"It's utterly ridiculous where we are right now. It's an aberration when somebody doesn't get killed," Clarke said. "We can't wait any longer."

The council approved measures Thursday that would limit gun purchases to one a month and require gun owners to promptly report lost or stolen firearms.

Clarke, who co-sponsored the bills with Councilwoman Donna Reed Miller, said the City Council would soon file a lawsuit against the General Assembly to give the city the authority to pass its own gun laws.

Philadelphia gun control "never had the votes to get out of committee, and that hasn't changed," said House Speaker Dennis O'Brien, a Republican.

The bills require Mayor John Street's approval, and he seems likely to sign them.

"We support Councilman Clarke and Councilwoman Reed Miller in their legislative efforts to reduce and prevent gun violence in Philadelphia," Street spokesman Joe Grace said.



Resource: Fox news
__________________

[billamj]

Originally Posted by SGTUSArmy

Here's an idea. Let's vote to make all of the metropolitan hotspots their own federal districts. That way they can pass whatever laws they want to without trampling all over the rest of the people.

Wasn't the US Consitution written in such a way that they wants of the many would not trample the rights of the few. Even though most states have one or two areas of major population, those one or two areas trample the rights of the rest. Look at New York City and what it has done to New York State. Look at Philly and Pittsburgh. Look at Baltimore. Look at Atlanta. Los Angeles. Cleveland and Cincinatti.

90%of the state can look at issue one way, but because a majority of the population lives in this one city and is so left leaning, they get what they want. Anyone else see the issue this is causing?

I'm loving every second of that one Sarge. Now, how do we go about implementing it?

[JustinM]

Good, let them pass this stupid law, then watch them sit in disbelief when it doesn;t work.

[vetter3006]

Originally Posted by jmateer

Good, let them pass this stupid law, then watch them sit in disbelief when it doesn;t work.

I agree 100% but when that doesn't work, what law will they come up with next?
It's amazing they always look to kick the good guys and not hurt the bad guys.

[ChamberedRound]

Originally Posted by WhiteFeather

This did not stop the city of Pittsburgh in 2007 about the elected sheriff vs. appointing a sheriff. With every version of the PA Constitutions from 1701 to present said elected sheriff and they wanted to "amended" the PA Constitution by a simple majority vote and appoint the sheriff. read it here http://acslpa.org/

Until the recent ACSL case you describe in your post, had anyone else ever brought the case before the court? If not, then what are the courts supposed to do? In order for the courts to take action, a person, party, or class needs to bring a case relevant to the law or constitutional amendment in question before the court. Without this restraint the courts would in essence be able to legislate, something they aren't supposed to do.

[billamj]

The real question is how much pressure is Fat Eddie going to put on the AG to not go after Philly for violating the UFA? This could get very interesting in a very short period of time. Looks like we need more input from either GunLawyer001 or Rule10b5. I've also got to wonder how much of our taxpayer money will be wasted having to tell Philly to sit down and shut up.