Re: Handgun Registry in PA
Quote:
Originally Posted by
Rule10b5
Rather tortured logic, but we end up with the situation that:
Firearms registries are illegal in Pa.
The state police may retain records of firearms sales.
Records of sales don't constitute a registry.
Amazing, huh?
yep, the state supreme court re-defined the english language...as supreme courts are known to do.
in this case they redefined "any registry" to mean "a complete registry".
they also redefined "shall be destroyed within 72 hours" to mean "do not have to be destroyed ever" (regarding "an application /record of sale received by the Pennsylvania State Police").
one of the more obvious examples of the state supreme court not doing its job and violating their oath to uphold the state constitution.
Re: Handgun Registry in PA
yea, it sure is amazing how the courts interpret our laws sometimes. It almost sounds like an undercover registry. I'm not sure if that is good or bad. I can tell you here in OH, the police are forbidden from keeping any records of gun sales, so I don't believe there is any sort of registration, other than with the ATF since the gun serial number is recorded on the federal form.
Re: Handgun Registry in PA
Quote:
Originally Posted by
LittleRedToyota
one of the more obvious examples of the state supreme court not doing its job and violating their oath to uphold the state constitution.
Yep. Good thing Hawkins was decided in the context of probable cause (for the arrest of a drug dealer), or we'd be in deep shit. If it had come up as a straight gun case, we'd have lost.
Re: Handgun Registry in PA
Quote:
Originally Posted by
Weights
can tell you here in OH, the police are forbidden from keeping any records of gun sales
they are expressly forbidden from doing that here, too.
Quote:
(v) Unless it has been discovered pursuant to a criminal history, juvenile delinquency and mental health records background check that the potential purchaser or transferee is prohib*ited from possessing a firearm pursuant to section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), no information on the application/record of sale provided pursuant to this subsection shall be retained as precluded by section 6111.4 (relating to registration of firearms) by the Pennsylvania State Police either through retention of the application/record of sale or by entering the information on a computer, and, further, an application /record of sale received by the Pennsylvania State Police pursuant to this subsec*tion shall be destroyed within 72 hours of the completion of the criminal history, juvenile de*linquency and mental health records background check.
but, our wonderful state supreme court apparently doesn't care about this little section of the UFA.
Re: Handgun Registry in PA
Decisions by the court like this, who choose to ignore the constitution, is why I am not crossing my fingers in a favorable ruling should the Supreme Court hear the DC handgun ban appeal. The overturn was definitely the right decision, and I do hope the court hears the appeal so we can maybe have a chance of challenging other unconstitutional gun laws in the case of a favorable ruling. But, I will not be surprised if the Supreme Court were to reinstate DC's handgun ban.
Re: Handgun Registry in PA
So much for "spirit of the law"
That only applies if you break one, not the state.
Re: Handgun Registry in PA
Quote:
Originally Posted by
Pa. Patriot
So much for "spirit of the law"
heck, in this case, you don't even have to resort to "spirit of the law"...even going by the strict "letter of the law", the PSP's database is illegal...
but, the supreme court just redefined a few words to get around that.
Re: Handgun Registry in PA
Quote:
Originally Posted by
LittleRedToyota
they are expressly forbidden from doing that here, too.
but, our wonderful state supreme court apparently doesn't care about this little section of the UFA.
Then the only suitable option is to vote ALL of the current judges out of office and make sure they know why it's happening!
Re: Handgun Registry in PA
Isn't this the same court that said methane gas was really coal?