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February 27th, 2010, 07:40 PM #1
Ambler Borough rejects Lost & Stolen!
OK Guys, here is a documented case of the rejections that we know are going on out there.
BTW: I live outside the borough and hadn't even heard that it was being considered
From the Ambler Gazette:
Main Page: http://montgomerynews.com/articles/2...8513068088.txt
Clean Printable version: http://montgomerynews.com/articles/2...8513068088.prt
Key excerpts quoted under fair use:
Borough not to pursue local gun control legislation
Tuesday, February 23, 2010
By Thomas Celona
Staff Writer
Ambler Borough Council decided at its Feb. 16 meeting not to pursue local gun control legislation based on the borough solicitor's opinion that it would be unconstitutional. Instead, it will prepare a proclamation encouraging the Legislature to increase statewide regulations.
[snip]
The council then asked borough Solicitor Joseph Bresnan to review the proposed ordinance, and he presented council with a letter advising against adoption.
"The problem I had with it ... was whether it was not a legal problem to take local action where the state has taken action," Bresnan said. "It is pre-empted [by the state], and local municipalities cannot make rules to regulate handguns. There's really no legal support for locally adopting the ordinance. I feel very comfortable that there's no authority behind it right now."
[snip]
"The state has created legislation on the state level, so [the ordinance] cannot be enforced in towns," Bresnan said. "They have said they're exercising control. The issue is not whether it makes sense. The issue is whether or not you have the ability on the local level to pass gun control legislation, and you don't."
Council President Tony Isabella asked Bresnan what was the worst that could happen if the borough did adopt the ordinance.
Bresnan said if borough police enforced the ordinance and it later was challenged and declared illegal, anyone cited or convicted under the ordinance could then sue the borough.
[snip]Keep perspective, recognize the good in your enemies and the bad in your friends.
"--you can't conquer a free man; the most you can do is kill him." - Robert A. Heinlein, Revolt in 2100
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