Harrisburg stands firm on gun regulations despite threat of lawsuit

[Mitch10mm]

I thought it was as simple as cities, municipalities etc. couldn't legislate gun laws. So a law, no matter how common sense, reasonable or popular would violate preemption. Statutes must be lawful not just emotionally pleasing. Harrisburg is just trying to tug at readers sensibilities and raising issues that are moot

[JenniferG]

They say anti gunners are stubborn. I did not realize harrisburg was so anti-gun and liberal?

Did obama get like 99% of the vote there?

C'mon they had a Mayor that just left that had Obama phone booths on every other corner. They were so well financed that from the actions of the former Mayor the City was put into Receivership. Reed with his spending and looting spree. Then handed it off to a Black woman. Then when you question why things got even worse you are automatically condemned as a racist. I think it was called the largest bankruptcy of a municipal government in the history of the country until Detroit threw in the towel.

You don't have to wonder why there are excessive laws and especially gun laws in a pit that is controlled by people that have no interest in running a city but have more interest in enriching themselves and their cronies. They use the office for a stepping stone for higher office with more power to spend more money, make more gun laws and raise taxes on those that work.

http://www.pennlive.com/midstate/ind...burg_lega.html

http://www.pennlive.com/midstate/ind..._story_package

Reed and Thompson are Democrats.

[gnbrotz]

My understanding is that there is case law that says even if the local ordinance is equal to the state statute it is preempted. The locals are not allowed to make these laws at all...

I disagree.

(a) General rule.--No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.
(a.1) No right of action.--
(1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.
(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
"Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 ( relating to sale and use of air rifles).
"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.

Emphasis above added by me.

My take:

Local prohibitions mirroring state law are permissible, though redundant. Of course, given a particular offense, this gives the local government a chance to reach into the offender's pocket too, so it's pretty clear why they would want to do it.

Local prohibitions not mirrored by state law are preempted.

[LBaker]

I disagree.



Emphasis above added by me.

My take:

Local prohibitions mirroring state law are permissible, though redundant. Of course, given a particular offense, this gives the local government a chance to reach into the offender's pocket too, so it's pretty clear why they would want to do it.

Local prohibitions not mirrored by state law are preempted.

I was quoted the case by an attorney while driving so I wasn't able to take notes on the precedence. That's why I said "my understanding". If I remember next time we speak I will get the info...



Edit to add- This quote is from the Pennsylvania Legislator’s Municipal Deskbook, Third Edition (2006) "The doctrine of “preemption,” as denominated by the courts, effectively provides that certain legislation
of the Commonwealth will disallow municipal regulation of the same subject or activities, even though
such local regulation would otherwise be proper in the absence of a statewide scheme."

[internet troll]

They say anti gunners are stubborn. I did not realize harrisburg was so anti-gun and liberal?

Did obama get like 99% of the vote there?

Dont forget the cancelled Harrisburg gun show fiasco a year or so ago.
http://forum.pafoa.org/general-2/202...cellation.html

Or their illegal gun hotline.
http://forum.pafoa.org/pennsylvania-...egal-guns.html

[LBaker]

FYI concerning preemption- In Department of Licenses v. Weber, 394 Pa. 466, 468, 469, 147 A. 2d 326, Mr. Justice Musmanno, speaking for this Court said: "Of course, it is obvious that where a statute specifically declares it has planted the flag of preemption in a field, all ordinances on the subject die away as if they did not exist.

[claudel]

Too bad these fine folks have the city treasury to finance their tendency to ignore laws that they disagree with.

If I ignore a law, I can't send my legal bills to the public tit...

[Statkowski]

The new law goes into effect tomorrow, whether it's under appeal or not. We shall see what we shall see.

[Didnotcomply89]

Papenfuse just pulled a major red herring, and I would ask him to answer the question. Harrisburg just made the wrong decision to break the law, and the people of Harrisburg WILL be the ones to pay for it.

[LBaker]

And it begins...http://www.post-gazette.com/news/sta...s/201501130162

These guys missed some major aspects and another suit is in the works. We need a person in Harrisburg or Dauphin Co. with a LTCF to be a plaintiff. Anyone interested please contact me asap. LBaker122@comcast.net