Nutter: Enforce Phila.'s gun laws [Even if they conflict with State Law]

[tes151]

Since none of the " laws " they plan to pass are legal, or enforceable, the only thing I can see that LTCF holders and gun/ammo shops can do is keep conducting business as usual. Just totally ignore the illegal laws. If you are arrested, you will beat it in court, and probably stand a pretty good chance of making quite a lot of money off of the lawsuit you will file for denial of rights. Should bankrupt the stinking place in pretty short order I figure.

[MarcS]

Anyone effected should file a private criminal complaint against the officer, his supervisor, the police commissioner, the mayor and the city council

§ 5301. Official oppression.
A person acting or purporting to act in an official capacity
or taking advantage of such actual or purported capacity commits
a misdemeanor of the second degree if, knowing that his conduct
is illegal, he:
(1) subjects another to arrest, detention, search,
seizure, mistreatment, dispossession, assessment, lien or
other infringement of personal or property rights; or
(2) denies or impedes another in the exercise or
enjoyment of any right, privilege, power or immunity.

That charge carries with it a term of imprisonment up to two years.

[phillychoppin]

This just really burns me

I live in Delco, but commute to and work in the university city section of Philadelphia every day. This is the kind of crap my city tax helps support (taxation without representation by the way...I don't get to vote in city elections, they just take thousands of dollars from me every year).

Now, as I understand the PA firearms law, there is 'preemption' and this means that ONLY the state can make laws regarding firearms so that they are uniform across the state. Fine.

Well, my parents live in Hazleton, PA. A few months back, they tried to enact some laws regarding illegal immigration. When Hazleton did this, they were sued by the ACLU along with several other groups. The primary argument was that the city of Hazleton had no authority to enact such laws because only the federal government could create policy/laws dealing with immigration. It seems that there exists...you guessed it...a preemption clause in the law for immigration issues. Sound familiar?

So my question is this.... When can we expect the ACLU to sue Filthadelphia for this BS, making the same argument?

I'm not gonna hold my breath.

~Just my $.02
PC

[Siobhra]

No the ACLU will not. But the city is hoping the gun owners will. Remember the city is counting on the law going to the courts. It is what they want. They want to over turn the preemption laws. They can't get the laws changed and they preempt the firearm laws unless they can get the courts to shoot down the preemption laws.

The law has been held legal in the past so they can not just challenge it. But they can violate the law and force someone else to challenge them. If they fine a gun store for selling two guns in the same month to an undercover police officer the gun store will have to challenge the fine in court or pay it. If they ignore it the city will push it until they do. When the city loses the case they will appeal it to the supreme court. Now that they have one of their men in the court they are hoping to have the courts overturn the rights of the people.

The whole reason to use the courts to rewrite the law. And it might work. If it does or does not the result will be a lot of tax money wasted and a lot of our money going to the fight to protect our rights.

[ShakeyDad]

Originally Posted by ErnieD

FYI....







Bill No. 080036: Reporting Requirements Upon the Application for or Renewal of a License to Carry a Firearm. Provide for certain reporting requirements for the issuance or renewal of licenses to carry firearms within the City of Philadelphia

What exactly does this legal mumbo-jumbo mean to LTCF applications and renewals ? Is it going to make it damn near impossible to get one ? What are these "reporting requirements" they speak of ??

[FromMyColdDeadHands]

Of course no one will attempt to prosecute Mayor Nutter for his ridiculous infringement on the rights of gun owners! I sent an email to the city DA office, OIG office and Police Commission regarding the laws relating to OC/CC w/in the city and asked what their stance was and given that it is legal and has been upheld in court whether they would educate their officers regarding this important right of all Pennsylvanians. (did that over the weekend) Hope to hear back, will post if I do.

[Pyrotek85]

Originally Posted by Siobhra

The U.S. Navy moved its payroll office to Ohio because Philly wanted to tax the Atlantic and Mediterranean Fleets.

Rofl, seriously?

[larrymeyer]

Originally Posted by Pyrotek85

Rofl, seriously?

The only ones that don't pay that tax are the athletes who do not live in the city

Phillies, Eagles, 76 Sixers and Flyer's

[Siobhra]

About 7-8 years ago I worked for a center city company that had moved it's payroll office to the burb's just for that reason many years earlier. I don't know if it is still that way or not.

[soberbyker]

I worked in the city for 6 and a half of the past 7 years. I don't live in the city. The Philadelphia wage tax for me was twice that of the state, even more if you work AND live in the city.

Bill