Phila Tolls Gun Related Laws in city code

[tl_3237]

Suspend Philly Gun Laws

Kenneth LipponFebruary 3, 2015/0 comments


By Kenneth Lipp

In a preemptive measure against the National Rifle Association’s legal strategy in the Commonwealth, City Council is taking steps to suspend the city’s gun regulations until they can be approved by the state legislature.

The move comes in the wake of litigation by the NRA in multiple PA municipalities challenging any local firearms ordinances – as state law forbids local jurisdictions from passing laws which restrict or regulate gun sale, use, or ownership that is lawful under the PA Uniform Firearms Act.

The NRA has already filed a lawsuit in Lancaster over its law requiring gun owners to report lost or stolen firearms to the police. It has filed legal paperwork in both Pittsburgh and Philadelphia courts and is awaiting word of those lawsuits’ approval.

The Uniform Firearms Act has forbidden municipalities from passing their own gun laws for 40 years, but has largely been ignored. The recently passed PA Law 192 has opened the door to lawsuits, giving gun owners and citizen groups the legal standing to sue without the requirement of proving that they have suffered damages.

Chris Cox, Executive Director of the NRA’s Institute for Legal Action, said in a press release posted to an NRA website: “Pennsylvania municipalities need to follow state law and stop infringing on the rights of law-abiding gun owners.”

The bill before Council would essentially nullify all city laws about guns pending action by the Commonwealth. From Bill 140904 (As Amended, 1/28/15)


The following provisions of The Philadelphia Code shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly:
§ 9-606. Ammunition.
§ 9-607. Firearms.
§ 10-810. Weapons and Dangerous Devices.
(1) Discharging Firearms. No person shall fire or discharge recklessly and
without reasonable cause any rifle, gun, pistol, or other firearm.
§ 10-814. Acquisition or Transfer of Firearms.
§ 10-818. Firearms in Public Places.
§ 10-821b. Contraband Weapons, Accessories and Ammunition.
§ 10-822. Carrying of Weapons in or on Public and Private Buildings.
§ 10-828. Strict Liability for Damages Caused by Certain Firearms.
§ 10-830. Reporting Requirements Upon the Application or Renewal of a License to
Carry a Firearm.
§ 10-831a. Straw and Multiple Handgun Purchase Reduction.
§ 10-832. Firearms Tracing.
§ 10-835a. Prohibited Possession, Sale and Transfer of Firearms by Persons Subject to
Protection From Abuse Orders.

http://phillydeclaration.org/2015/02...illy-gun-laws/

Ord 140904 was passed and signed by mayor on 2/18/15. This did not remove the code that contravenes §6120 preemption but left it on the books with a "springer clause", to wit:

he following provisions of The Philadelphia Code shall not be effective
until the enactment of authorizing legislation by the Pennsylvania General Assembly:

Amazing how law abiding Phila becomes when facing financial sanctions for ignoring statutes

[fimore]

It has been 7 months since the last post on this topic. I am sure this is an ongoing process of push and shove between the two sides. How is the battle going?

Sure would like to see an update on the effect of City Council's ordinance on Philadelphia Police actual practices. Have there been changes in Police procedures on the street?

Second how has the NRA's recently enhanced ability to challenge local ordinance effected Philadelphia and its' citizen as we go about our daily rounds.


I found this in an article from May of last year (the approx. time of last post).

A state court on Thursday struck down a law designed to make it easier for gun owners and organizations like the National Rifle Association to challenge local firearms ordinances in court.

The commonwealth court said the procedure that the Republican-controlled legislature used to enact the law in the final days of last year’s session violated the state constitution. The ruling came after dozens of municipalities had already repealed their gun laws.

Under the law, gun owners no longer had to show they were harmed by a local ordinance to challenge it, and it let “membership organizations” like the NRA sue on behalf of any Pennsylvania member. The law also allowed successful challengers to seek damages.

The NRA’s lobbying arm had called the measure “the strongest firearms pre-emption statute in the country”

Thanks in advance for any info on the contentious situation.

[tl_3237]

As you indicated, the legislation (Act 2014-192) that expanded "standing" for challenges to local gun ordinances under the pre-emption statute (18 Pa CS 6120) was ruled unconstitutional by the Commonwealth Court in June 2015 - Leach v. Com., 118 A. 3d 1271 - Pa: Commonwealth Court 2015. Although the Act 192 provisions still show in the Pa statutes, the state is enjoined from taking any actions in reliance thereto.

As to the Phila ordinances, a cursory random check indicates that they are still tolled by the city's unfulfilled "springer clause" as detailed in post #1.