HB 80 Lawsuit

[Gripsafety]

http://www.philly.com/philly/news/lo...e_gun_law.html

Another delay may be in store for a controversial new law allowing the National Rifle Association to sue over municipal gun ordinances.

When Gov. Corbett signed the law Oct. 28, municipalities had 60 days to decide whether to repeal their ordinances or risk a costly lawsuit. But the clock was pushed back 10 days when it was discovered that Corbett had signed the wrong version of the law.

Now, several leading Democrats are trying to delay the law further - or block it entirely - by challenging its constitutionality. The law passed amid a flurry of end-of-session legislation in late October after being tacked on as an amendment to an unrelated bill.

The law not only gives "membership organizations" such as the NRA standing to sue municipalities, but awards plaintiffs' legal fees and loss of income, something legal experts have said was an extraordinary provision.

Philadelphia is among roughly 30 municipalities that have enacted local gun laws.

Supporters of the new law said the state constitution already establishes that firearms laws must be uniform, that changes are to be made by the General Assembly, and that existing local laws are not constitutional.

After the NRA bill passed, many of the smaller municipalities immediately began consulting with their solicitors and putting repeal discussions on their council agendas, fearing they could not afford the legal fees even if they ended up winning a lawsuit.

Norristown's council voted to hold a public hearing on repeal.

Shira Goodman, executive director of CeasefirePA, said the lawsuit "may give some of the towns a little more leeway in terms of discussing it with counsel."

Several Democratic state senators, Philadelphia City Council members, and other officials are planning a news conference Monday to outline the lawsuit.

[jerkin]

Everyone knew it was coming, just a matter of when. I'm really interested in seeing the news conference Monday with the details of what they think makes it unconstitutional.

[God's Country]

Everyone knew it was coming, just a matter of when. I'm really interested in seeing the news conference Monday with the details of what they think makes it unconstitutional.

Yeah that should be a hoot.

[ungawa]

After the NRA bill passed, many of the smaller municipalities immediately began consulting with their solicitors and putting repeal discussions on their council agendas, fearing they could not afford the legal fees even if they ended up winning a lawsuit.

Did the NRA have any role in the formulation and passage of this bill?

[LBaker]

Did the NRA have any role in the formulation and passage of this bill?

Sure they did, when stuff like this gets legs they jump in at the end to help push it through. Were they the moving force from start to finish, no....

The argument against the bill will be weather the amended language of HB1243 to HB80 is germane to the original intent to HB80. They had a vote on this in the house which established that it was. We never know what will happen in the courts. Especially when things like the recent ruling that determined Pennsylvanians aren't "persons". HB80 should be good to go but we'll see.

You can blame Senator Greenleaf for this. It was he who held up HB1243 in committee.

[gnbrotz]

The argument against the bill will be weather the amended language of HB1243 to HB80 is germane to the original intent to HB80. They had a vote on this in the house which established that it was.

Except they are not the ultimate trier of fact on that issue. If they were, no law would ever be ruled unconstitutional, because every enacting body would decide that it was constitutional before passage.

[LBaker]

Except they are not the ultimate trier of fact on that issue. If they were, no law would ever be ruled unconstitutional, because every enacting body would decide that it was constitutional before passage.

That is correct Greg. I should have said the arguments and votes help establish the intent... It gives us a better argument when it is challenged.

[JenniferG]

It would cheaper, more Constitutional and lawful if the local municipalities would just obey the law and not make gun ordinances that are preempted by State law.

This law is already working, making the leftist gun grabbers spend money trying to defend their unconstitutional and unlawful behavior. I say after 60 days that a flood of lawsuits should be in order to put these criminals on the defensive. The only criminals here are the ones trying to deny people their God given rights.

[soberbyker]

It's amazing how many "law makers" and "law and order" types encourage municipalities to break the law, so much so that we needed another law that says follow the law or you'll be penalized, ... well, maybe it's not amazing, just damned hypocritical, or business us usual.

[middlefinger]

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Lancaster in lawsuit challenging new state gun law

http://lancasteronline.com/news/loca...7a43b2370.html