Reading above State Law??!!

[sjohn26]

http://wfmz.com/view/?id=594965&titl...%20the%20State

http://www.readingeagle.com/article.aspx?id=118673

"City Council voted 4-3 Monday to adopt an ordinance that requires Reading handgun owners to notify police within 24 hours of discovering that their weapon was lost or stolen.

For several months council debated the measure, which some members questioned but Mayor Tom McMahon strongly supported.

He has called the move a means of fighting trafficking in illegal guns.

He also formed a coalition of nine Pennsylvania mayors who were trying to get local gun-theft ordinances in place because the state Legislature won't pass a similar law.

Five of those cities - Philadelphia, Pittsburgh, Allentown, Pottsville and York - have passed the measure."


I thought this move was already defeated in Philly - so how do we give McMahon a financial liability in pushing frivolous laws that waste tax-payer funds and go against state law??

[billamj]

Either a group of Reading residents need to take the city to court over violation of state law or someone who has been charged under the ordinance needs to sue. Those are the only ways to have this overturned in state court.

[chrisjames_71]

I thought York shelved the vote for now...

[MSOfin]

http://wfmz.com/view/?id=594965&titl...%20the%20State

http://www.readingeagle.com/article.aspx?id=118673

"City Council voted 4-3 Monday to adopt an ordinance that requires Reading handgun owners to notify police within 24 hours of discovering that their weapon was lost or stolen.

For several months council debated the measure, which some members questioned but Mayor Tom McMahon strongly supported.

He has called the move a means of fighting trafficking in illegal guns.

He also formed a coalition of nine Pennsylvania mayors who were trying to get local gun-theft ordinances in place because the state Legislature won't pass a similar law.

Five of those cities - Philadelphia, Pittsburgh, Allentown, Pottsville and York - have passed the measure."


I thought this move was already defeated in Philly - so how do we give McMahon a financial liability in pushing frivolous laws that waste tax-payer funds and go against state law??

This is truly scary and more reason to stand up for the 2a!

[WhiteFeather]

These illegal criminals acts are small part of a political warfare strategy to force the state to enact gun control laws that will effect you.

These criminals (elected officials) that are willing to break state law are going to use this against us in the next session in Harrisburg to shove a large and wide variety of failed elsewhere gun control laws to “legalize” these acts. They are so willing to break state law just like criminals do and illegal organize in a criminal conspiracy to support their beliefs to bet all on this to risk possible jail time. If these anti-gunners are so willing to do all of this to support their cause. What are you going to do to help stop them?

I hope you are planning to do your part to support your rights against this attempt at political bullying of legislators to pass anti-gun laws by a organized and well financial battle to take them away from US . I hope you are going to WHATEVER IT TAKES to email, call or write your legislators, come to Harrisburg to tell your legislators on why this local control/ making up gun laws is such a bad idea.

[ThorrsHammer]

Normally, lawsuits have to be filed against agencies which themselves have defense lawyers on staff. So the cost is the same for the municipality or county: the lawyers are getting paid regardless of the task at hand. The burden of payment, and proof, is on the aggrieved plaintiff.

Perhaps the path to fight these people doesn't lie in civil law, but rather in bringing the State's own criminal prosecution powers to bear on them.

For instance, if a law could be passed which would hold a councilman criminally liable for proposing, or a municipal attorney equally liable for enforcing, any local law which preempted, usurped or attempted to circumvent existing State law (and included personal fines, disbarment or even jail time as penalties), the locals would naturally be hesitant to do either. Because of the nature of politics, State legislators love to hold the legal high ground and lord it over smaller entities, so they might be amenable to this.

Prosecution would be, again, just another job for the State lawyers, and no extra burden on either taxpayers nor those whose Rights were denied by the activist local authorities.

[Statkowski]

For instance, if a law could be passed which would hold a councilman criminally liable for proposing, or a municipal attorney equally liable for enforcing, any local law which preempted, usurped or attempted to circumvent existing State law (and included personal fines, disbarment or even jail time as penalties), the locals would naturally be hesitant to do either. Because of the nature of politics, State legislators love to hold the legal high ground and lord it over smaller entities, so they might be amenable to this.

Theoretically it might be possible, presently, to file a Private Criminal Complaint (PCC) against those individuals for Conspiracy to Violate Section 6120(a) of the Crimes Code (of which the Uniform Firearms Act is a part).

Of course, you'd have to run the PCC past the County District Attorney for his/her approval before having it presented to a District Magistrate Judge. If the County District Attorney disapproves the action, the reason must be stated on the PCC. If the County District Attorney refuses to take any action at all, a pro se request to the President Judge of the County Court of Common Pleas could be made to force the County District Attorney to take action.

Something to think about, maybe.

[tes151]

Theoretically it might be possible, presently, to file a Private Criminal Complaint (PCC) against those individuals for Conspiracy to Violate Section 6120(a) of the Crimes Code (of which the Uniform Firearms Act is a part).

Of course, you'd have to run the PCC past the County District Attorney for his/her approval before having it presented to a District Magistrate Judge. If the County District Attorney disapproves the action, the reason must be stated on the PCC. If the County District Attorney refuses to take any action at all, a pro se request to the President Judge of the County Court of Common Pleas could be made to force the County District Attorney to take action.

Something to think about, maybe.

That sounds like the best idea yet.

[CommonHighrise]

FWIW, sent a little message to McMahon, hopefully he'll get back to me on it. If not, might have to fill out a report to the local police barracks about a man breaking the law.

[Statkowski]

You can download the Private Criminal Complaint form here (http://www.pacourts.us/NR/rdonlyres/.../0/aopc411.pdf). As previously mentioned, you have to run it through your county's district attorney before presenting it to the appropriate Magesterial District Court Judge.

Of course, the D.A. will disapprove it, but then you can take the disapproval to the local newspaper and see what they'll do about it.