Philadelphia to sue state over gun laws

[Glock17]

Again, it appears that Philadelphia thinks they control the whole state. Instead of dealing with their own problem, they want to force their will down the will of the whole state. Of course fast Eddie is more than willing to cow tow to Philthydelphia.

http://www.philly.com/philly/hp/news..._inaction.html

Fed up with foot-dragging in Harrisburg over gun control, Philadelphia is now taking its case to court.
City Councilman Darrell L. Clarke said last night that the city plans to file a lawsuit today in Philadelphia Common Pleas Court alleging that the General Assembly has failed in its duty to protect the residents of the city.

"It is becoming increasingly clear to me that the General Assembly is unwilling or unable to act," Clarke said in a telephone interview last night. "We have no choice but to go to court."

Straw purchases have proliferated dramatically because the state has failed to enact laws that rein them in, he said.

In a straw purchase, somebody legally acquires a firearm and then sells it to somebody else who is not eligible to own one, such as a convicted felon on parole or probation. Critics say that straw purchases are responsible for much of the firepower on the city's streets.

In addition to authorizing the suit today, Council intends to approve eight gun-control measures that have been languishing in Council for more than a year, Clarke said.

Among other things, the bills call for limiting handgun purchases to one a month, and for owners to report any guns that are lost or stolen, Clark said.

David Kairys, a professor at the Beasley School of Law at Temple University, said that the laws Council is expected to enact today should be valid because of the city's Home Rule Charter. But the charter's power is diminishing, he said.

"The legislature and the Supreme Court have so undercut it that it's hard to say we have home rule anymore," said Kairys, who in the 1990s led the city's legal team in an unsuccessful court challenge against handgun manufacturers.

He said he could not comment on the particulars of the lawsuit to be filed today because he hadn't seen it.

Clarke said that while several members of the city's Harrisburg delegation had worked tirelessly on the gun-control issue, they had not been able to sway their more-rural colleagues to their side.

"The fact that we are approaching 150 murders means that we can no longer wait for them to get their act together," he said. As of midnight Tuesday, 137 homicides had occurred in the city.

Legislation sponsored by Rep. Angel Cruz (D., Phila.) that called for gun registration and an annual fee of $10 a gun triggered a massive outcry from opponents who said they felt the legislation threatened their right to own guns. Several lawmakers who initially supported Cruz's measure have since backed off.

[crazyyankee]

Maybe we should start a letter writing campaign to this councilman and ask who died and made him King of PA. Since when does Philadelphia control the rest of the State.

[Cole]

They are not trying to pass laws that would apply throughout PA, just in Philly. The frustration with the PA Legislature is amusing because the Legislature represents the will of the people of the Commonwealth at large. What next, they sue to have the state constitution changed?

I just wish that these guys were willing to put something real at stake to back up their claims that the regulations they are trying to institute would reduce the murder rate. Honestly, none of these measures will solve the murder problem in Philly . . . it's just political posturing to cater to the good people who are fed up with gun violence in the city.

How about doing something that will actually treat the problem?!

[crazyyankee]

While it may be true that they are only trying to change the laws for the city, what will stop them then from expanding them to the State?
Look at WDC they finally got thier rights back, at least in some degree.

[ChamberedRound]

Originally Posted by crazyyankee

While it may be true that they are only trying to change the laws for the city, what will stop them then from expanding them to the State?

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.

The issue here is this:

They have tried to change the existing law, and received no support on a statewide basis. They are trying to enact laws that do an "end-around" on the existing laws, and again they are getting little to no support statewide.

Now, in an effort to impose their will in the absence of statewide support, they are going to sue the state on the grounds that state law is interfering with Home Rule, and they will lose. I believe this has already been tried before and the courts found that the Home Rule Charter does NOT allow counties and municipalities to ignore or make ordinances in conflict with state law.

Philadelphia Politicians: WAKE UP and realize that your city DOES NOT represent the state at large. Your will and the will of your constituents should not be law across the state, sorry if that bothers you, or makes you realize that you might actually have to DEAL with the problems, rather than blame someone or something.

[theshadow]

can we file some kind of class action against these classless tyrants? I'm thinking along the lines of conspiracy to deny civil rights, and equal protection under the law of the Commonwealth, as well as petition the AG's offiice to charge them with High Treason and violation of their oath of office?

[lexington86]

Oh boy... just another misguided attempt by silly politicians to pass more "feel-good" laws that will just end up having little-to-no effect on their crime problem.

*Bored...*

[ChamberedRound]

Originally Posted by lexington86

Oh boy... just another misguided attempt by silly politicians to pass more "feel-good" laws that will just end up having little-to-no effect on their crime problem.

*Bored...*

Yeah, boring but aggravating. Especially that the state is now going to have to use our tax dollars to defend against a baseless suit from one of its cities.

[jsmithxd]

If philly would spend more time enforcing what is already written and less on bitchin and moaning ,trying to get stuff changed then maybe they're residents would be a little safer. Looks like another frivolous lawsuit and waste of tax payer dollars to me.

[God's Country]

I welcome the law suit. I am confident they will lose. The more precedents that confirm my 2A rights the better. I know the courts can be fickle, but this shit has got to stop.

I would like a statistic that shows the gang related influence in all of the 2007 murders in Philly. Anti's are so delusional to the actual cause of crime that they would prefer to trample the bill of rights rather then admit the culture of codling, that they have created, has been a dismal failure.