Pennsylvania Firearm Owners Association
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Thread: Pre-emption

  1. #1
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    Default Pre-emption

    I just heard a radio commercial for Jack O'Neill, who is running in Tuesday's primary to be the Dem candidate for DA in Philly. He says that even though the city council has passed stricter gun laws, the current DA has not enforced them. He will. He also wants to shut down "gun shops and gun shows that feed illegal weapons" into the city. Does not enforcement of these illegal laws give anyone charged standing to sue? Is anyone watching for this, and are there significant legal resources in place in case this happens? Can a plaintiff seek all kinds of damages, limited only by his lawyer(s)' creativity and the gullability of a jury?

    Would the bills being advanced in the legislature actually put a finite limit on damages while making it plain that these ordinances are illegal and need to be gone? Is it possible that the idjits think that they've loaded the PA Supreme Court with enough morons to beat back lawsuits and get away with it?
    Ya can't argue with figures. Two half nuthins is a whole nuthin.

  2. #2
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    Default Re: Pre-emption

    Just an election ploy.

  3. #3
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    Default Re: Pre-emption

    I also think that saying things to appease and pique the liberal voter base is probably the case. Most of the time dems don't follow through with unconstitutional legislation, they just talk about it. At that stage it gets them elected by idiot liberals whose intererests they repsect no more than right wing voters. I think since so many dem politicians are investors and bankers and business people like Bill Clinton, that there's probably alot of them who actually own stock in firearms related companies. All they have to do is threaten legislation so that people buy out LGS's before some ban happens..... and these weasels see their stocks increase in value in just a couple months. I think there's alot more to gun control talk than people realize. Not always, but frequently. Many of the most ridiculous proposals may actually be that way on purpose...without much hope of really passing...so it remains a carrot over the noses of gun owners which affects their buying habits indefinately. No doubt there are some die-hard dem politicians who really do want to take our guns, but I think even more of them profit from perpetually just threatening to..... and they have it down to a science.There are whole networks of rich and powerful people who work together to create social market gimmicks like this which the public is too distracted by fear most of the time to figure out that financial harvest is the goal, not absolute control over people. Politicians and business people work together to optimize this process in a mutually beneficial enterprise.
    Last edited by FJW; May 14th, 2017 at 04:40 PM.

  4. #4
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    Default Re: Pre-emption

    I see the Philly DA ads, and the theme of all of them is "we won't prosecute you and your brothers and sons and baby-daddies just because you break some laws".

    The city is going to Hell. Philadelphia crime is NOT caused by the NRA, or Harrisburg's neglect, or the suburbs looking down their noses at the city, or white flight or gentrification. Nope, it's caused by all the criminals who live in Philadelphia. And promising the voters, most of whom have criminal relatives, that the next DA won't be prosecuting the users and dealers and "non-violent" burglars and illegal aliens, is not the way to turn the city around. Right now, the 10% of Pennsylvania that lives inside the City of Brotherly Love commits about half the state's serious crimes.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Thanks to all who attended my Firearms Law Workshops this year!

  5. #5
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    Default Re: Pre-emption

    Quote Originally Posted by GunLawyer001 View Post
    I see the Philly DA ads, and the theme of all of them is "we won't prosecute you and your brothers and sons and baby-daddies just because you break some laws".

    The city is going to Hell. Philadelphia crime is NOT caused by the NRA, or Harrisburg's neglect, or the suburbs looking down their noses at the city, or white flight or gentrification. Nope, it's caused by all the criminals who live in Philadelphia. And promising the voters, most of whom have criminal relatives, that the next DA won't be prosecuting the users and dealers and "non-violent" burglars and illegal aliens, is not the way to turn the city around. Right now, the 10% of Pennsylvania that lives inside the City of Brotherly Love commits about half the state's serious crimes.
    I'm very curious though about what happens if someone is charged under one of these illegal ordinances. Does he have standing to sue, and what can he get? If the resources of a national organization were available, where might a prosecution and subsequent lawsuit go?
    Ya can't argue with figures. Two half nuthins is a whole nuthin.

  6. #6
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    Default Re: Pre-emption

    Quote Originally Posted by Gripsafety View Post
    I'm very curious though about what happens if someone is charged under one of these illegal ordinances. Does he have standing to sue, and what can he get? If the resources of a national organization were available, where might a prosecution and subsequent lawsuit go?
    I believe that the ordinances are not actually in effect, but they remain on the books in case the General Assembly repeals or modifies the preemption statute ( 6120) to allow them. You can see this by reading through to the firearms regulations, then checking the footnotes for each at the bottom of the page: CHAPTER 10-800. SAFETY

  7. #7
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    Default Re: Pre-emption

    How many gun shows are actually within city limits?
    I don't speak English , I talk American!

  8. #8
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    Default Re: Pre-emption

    Oh man, so does this mean Hector wont be selling non serial numbered guns from the trunk of his car on fairhill ST anymore? Im gonna his hot BOGO deals.

  9. #9
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    Default Re: Pre-emption

    Quote Originally Posted by abner13 View Post
    How many gun shows are actually within city limits?
    Just one at the Armory. http://forum.pafoa.org/showthread.php?t=320317
    Few times a year. Not that great, but close.
    The San Andreas fault has thus far been disappointing.

  10. #10
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    Default Re: Pre-emption

    Quote Originally Posted by GunLawyer001 View Post
    I see the Philly DA ads, and the theme of all of them is "we won't prosecute you and your brothers and sons and baby-daddies just because you break some laws".

    The city is going to Hell. Philadelphia crime is NOT caused by the NRA, or Harrisburg's neglect, or the suburbs looking down their noses at the city, or white flight or gentrification. Nope, it's caused by all the criminals who live in Philadelphia. And promising the voters, most of whom have criminal relatives, that the next DA won't be prosecuting the users and dealers and "non-violent" burglars and illegal aliens, is not the way to turn the city around. Right now, the 10% of Pennsylvania that lives inside the City of Brotherly Love commits about half the state's serious crimes.
    Scary isn't it. Top prosecutor candidates saying they don't want to prosecute anybody, at least the brothers.
    The San Andreas fault has thus far been disappointing.

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