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

[Penguini66]

Read this on another forum and thought you guys would have a field day with it:

http://www.philly.com/inquirer/home_..._gun_laws.html

Nutter: Enforce Phila.'s gun laws
The mayor is setting up a legal showdown with the state Supreme Court, which banned such city ordinances.

By Jeff Shields

Inquirer Staff Writer
Mayor Nutter yesterday said he would enforce new city gun-control laws even without state authorization to do so - setting up a possible legal and political showdown between the state and the new mayor.

At the first regular meeting of the new City Council yesterday, Council members Darrell L. Clarke and Donna Reed Miller introduced the same package of gun-control measures that languished last year while the state legislature refused to authorize them.

But these bills have a new wrinkle - they don't call for state-enabling legislation. The previous bills were conditional on companion state laws in recognition of a 1996 Pennsylvania Supreme Court ruling that said cities could not enforce their own gun laws.

But Nutter, Clarke and Miller, frustrated by the repeated failure of gun-control measures in the legislature, now appear ready to do just that.

"If these bills pass and if I sign them, then I expect to enforce them," Nutter said. "If you believe we can have a safer city by putting these measures in place, I think as good public servants we are compelled to take some type of action in the face of no relief coming from anywhere else."

Clarke said only that the new bills are "part of a legal strategy."

The bills would force owners to immediately report stolen guns; set monthly limits for firearms purchases; require vendors to report ammunition sales; and prohibit gun sales to anyone who is the subject of an order of protection.

Temple University law professor David Kairys, a gun-control advocate, said "that's what our City Council and mayor should be doing - they're dealing with an urgent problem."

Kairys said the city's action could set up a test of a new Supreme Court, now under Chief Justice Ronald Castille, the former Philadelphia district attorney who promised to depoliticize the court.

"If there's really going to be a new day in the Pennsylvania Supreme Court, this would be a fine place to start," Kairys said.

State Rep. Dwight Evans (D., Phila.), whose bill to give the municipalities the ability to make their own gun laws was defeated in the House Judiciary Committee last year, said, "My position has always been that the city should have the authority to make its own gun policy, and I will try to do all I can do to get the city that authority."

He added: "As far as their method of handling it, that's their decision."

Nutter said any legislation would have to go through the traditional hearing process and be vetted by the city's law department.

Nutter also transmitted a set of proposed charter changes to Council yesterday that would increase the independence of the Office of Inspector General; allow department heads to hire more deputies who are exempt from Civil Service, a policy Nutter has pushed as critical for management of the Police Department in particular; and to define and separate the duties of the Commerce Department and the city representative.

Also introduced yesterday by Council:

Councilman James F. Kenney's bill to eliminate the requirement that civil service employees live in the city for one year before they are eligible for hire in city jobs. The bill gives nonresidents six months to move in.

A bill from Council newcomers Bill Green, Curtis Jones Jr. and Maria Quiñones Sanchez to prevent future elected officials (themselves included) from joining the Deferred Retirement Option Plan, or DROP. Council also approved a resolution by majority leader Marian B. Tasco to hold hearings to determine the cost of DROP, which encourages city employees to stay past retirement by allowing them to begin collecting their pension while working. Green, Jones and Sanchez said it shouldn't apply to elected officials.

Councilwoman Blondell Reynolds Brown introduced bills to institute professional licensing for tour guides; require any city building to meet national environmental standards; and order dentists to separate mercury from removed fillings to prevent it from reaching the water supply.

An economic package from Councilman W. Wilson Goode Jr. that forces city departments to track their use of minority contractors; phases out the gross-receipts tax; and requires vendors on city projects to pay 150 percent of the minimum wage and offer equitable health benefits to their employees.

Councilwoman Joan Krajewski said she would hold off on her resolution for hearings on the state of the city's Emergency Medical Service system pending discussions with the Nutter administration.

Contact staff writer Jeff Shields at 215-854-4565 or jshields@phillynews.com.

Inquirer staff writer Amy Worden contributed to this report.

Letters to the Editor:
Inquirer.Letters@phillynews.com

[PisnNapalm]

Question... Could the city government be arrested for this? Perhaps held in contempt of court or something because they are blatantly thumbing their noses at a state Supreme Court ruling?

[SteveXD]

I really don't see how they are going to enforce it? They can't do anything to the store owners and if any action was taken I am sure it would result in a law suit!

Nutter is an idiot, but he "knows" what's best for Philadelphia <-- Sarcasm...

[reels18]

As long as the inmates are running the asylum, nothing will change.

Nutter is the same as Street, just a little more articulate.

[KeithPA]

Originally Posted by PisnNapalm

Question... Could the city government be arrested for this? Perhaps held in contempt of court or something because they are blatantly thumbing their noses at a state Supreme Court ruling?

Of course not. Thats what 99% of my complaints about sworn officials is about. No matter what happens they may at most lose their job. Probably face a lawsuit but thats about it. There never is any criminal responsibility handed out whether it be elected officials or law enforcement. Thats one of the largest downfalls of our country.
What do they care, they don't have to even pay for the lawsuit when they lose!

[Philadelphia]

Originally Posted by PisnNapalm

Question... Could the city government be arrested for this? Perhaps held in contempt of court or something because they are blatantly thumbing their noses at a state Supreme Court ruling?

Likely not arrested but it would be possible for anyone affected by the intentional enforcement of this type of known illegal legislation to swear out a private criminal complaint for violation of civil rights. There's a PA statute and several federal statutes that deal with this sort of thing.

We have gotten to the point where we all knew we'd eventually get. The elected executive branch (the mayor) is ignoring the law and the PA constitution (preemption as well as separation of powers) and is basically planning to install himself as dictator. The first line of defense to shut him down is the courts. Most judges don't appreciate contempt of their prior orders and rulings or elected officials who violate the plain language of the law.

If philly does get "gun control," I'm moving back to the burbs. If the scuzzballs know they can do their thing without the slightest interference from decent people, Nutter will have a real problem on his hands.

[Penguini66]

Originally Posted by Philadelphia

The elected executive branch (the mayor) is ignoring the law and the PA constitution (preemption as well as separation of powers) and is basically planning to install himself as dictator.

That's what I've been thinking about. What's the difference between me breaking a law and a mayor or police chief breaking the law?

I think I'll install my own ordinace. Within 1000 feet of my house, anybody caught NOT carrying a weapon is subject to a $50 fine.

[Voolfie]

...and to think I supported this putz. I say, bring it on Mr. Mayor! I've fucking had it with the room temperature IQs running this city. If they want to violate state law, then let them prepare for the state to take control of Philadelphia - the good Lord knows we couldn't have any worse governance than we have now. The Commonwealth Constitution guarantees me the right to bear arms in defense of myself, but in Philadelphia I need a permit to carry anything concealed or openly. In other words, I need a permit to exercise a right the Commonwealth Constitution says I have "a priori". If you need the government's permission...it aint a right. Now who doubts that if the city gets away with this little stunt, they'll keep pushing until they've got a handgun ban like DC? Who doubts that Nutter, etc. will ignore the U.S. Supreme court when we win Heller vs. DC? This city is no longer governed by the rule of law...it is governed by the rule of politicians who aren't half as smart as my Golden Retriever. The only good news is that if we are forced to actively reclaim our rights - the PPD can't shoot straight to save their lives. Philadelphia Delenda Est.
Did I mention I'm angry?

[PocketProtector]

Why the surprise?? This NUTTbag clearly stated his agenda PRIOR to the election. and he still got the votes !! WTF ??

[Siobhra]

He is counting on the new Supreme Court.


Kairys said the city's action could set up a test of a new Supreme Court, now under Chief Justice Ronald Castille, the former Philadelphia district attorney who promised to depoliticize the court.

"If there's really going to be a new day in the Pennsylvania Supreme Court, this would be a fine place to start," Kairys said.




In other words they want to force this again to a new court who is led by someone they believe is one of them. One who will re-write the state constitution to their liking.

And might just do so.