Philly Florida "Loophole" Bill

[Devrbd]

Passed unanimously in City Council on February 3rd and is sitting on the Mayor's desk. BUT now they want the bill back from him.

Bill 100722 Status: IN MAYOR'S OFFICE
Amending Chapter 10-818 of The Philadelphia Code to provide that no person shall carry a firearm on public streets or public property unless the person is licensed to carry such firearm by a political subdivision of the Commonwealth of Pennsylvania, regardless of whether the person possesses a license issued in another state, under certain terms and conditions.

Resolution 110096 Status: IN COUNCIL
Requesting the Mayor to return to Council Bill No. 100722, entitled "An Ordinance Amending Chapter 10-818 of The Philadelphia Code to provide that no person shall carry a firearm on public streets or public property unless the person is licensed to carry such firearm by a political subdivision of the Commonwealth of Pennsylvania, regardless of whether the person possesses a license issued in another state, under certain terms and conditions," for the purpose of reconsideration by the Council of the vote by which said bill passed Council.

[mrjam2jab]

Already being discussed

http://forum.pafoa.org/news-123/1250...trictions.html

[phillykev]

Yeah, they want it back because they voted on one bill, screwed up the paperwork, and sent a different one (without amendments) to the mayor. They're supposedly revoting (or have revoted) this week on the correct bill.

[bob2055]

When is the City of Philadelphia (City Council) going to learn they cannot pass or have there own gun laws? It's so stupid. Pa Law law clearly states:

§6120. Limitation on the Regulation of Firearms and Ammunition.

(a) General rule. No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammuni*tion components when carried or transported for purposes not prohibited by the laws of this commonwealth.

If the City of Philadelphia wants to have it's own laws why doesn't it secede from Pennsylvania and become it's own state? Perhaps it could become part of New Jersey!

[bob2055]

I know it won't do any good, but I emailed my City Councilman Brian O'Neil, who claims to be a Rebublican, and voted for the original bill 100722 (for which I received no response). The revised bill (100722-A) is up for a vote again tomorrow 02-17-2010 in City Council. I emailed my Councilman O'Neil again and all the "At-Large" council members who are also my representatives by virtue of their "At-Large" status. Urging them to vote NO because the ordinance clearly violates section 6120. Not only that but how they will make criminals out of people visiting Philadelphia with a valid out of state carry permit and a valid receprocity agreement between PA and the permit holders state. I know my emails will NOT prevent this passing. After all the original ordinance 100722 passed 17 to zero (0). I expect the same vote total tomorrow. I can only hope that the NRA or other firearm rights group files suit in court to strike down this illegal ordinance.

[phillykev]

Here is the revised bill being voted on today:

http://legislation.phila.gov/attachments/11068.pdf

(2) Prohibited Conduct. No person shall carry a firearm upon the public
streets or upon any public property at any time unless that person is:
(a) either (.1) a resident of Pennsylvania licensed by a political
subdivision of the Commonwealth of Pennsylvania to carry a firearm or licensed to hunt;
or (.2) a resident of another state, which state has a reciprocity agreement with
Pennsylvania under 18 Pa. C.S.§ 6109(k) or has statutory reciprocity under § 6106(b),
and is licensed by such state to carry a firearm or to hunt;

Meaning of above - If you're a PA resident, must have a PA LTCF to carry in Philly. If not a PA resident, must have a license from your home state.

(3) In the event that a court of competent jurisdiction determines, in a final Order
from which no further appeal is available, that persons with licenses from states other
than those set forth in subsection (2)(a) have a statutory right to carry a firearm upon the
public streets or public property, then, in addition to the persons categorized in
subsection (2)(a), the following persons shall not be prohibited from carrying a firearm
upon the public streets or public property:
(a) a person licensed to carry a firearm or to hunt by a state with firearms
laws similar to the firearms laws of Pennsylvania, and which provides a reciprocal
privilege for individuals licensed by Pennsylvania. For purposes of this subsection (a),
only the following states are deemed to have firearms laws similar to those of
Pennsylvania: Colorado, Idaho, Indiana, Louisiana, Montana, North Dakota and Utah.

Meaning of above, when the rest gets shot down in court, you'll only be able to carry in Philly wihtout a license from your home state if you have one from Colorado, Idaho, Indiana, Louisiana, Montana, North Dakota or Utah.

Anyone have any idea why they selected those states and not any of the others with reciprocity? Or why they think the rest might get shot down but not this part?

[Devrbd]

Thanks!

Anyone have any idea why they selected those states and not any of the others with reciprocity? Or why they think the rest might get shot down but not this part?

Below is a link to the transcripts from the Safety Committee meeting on 12/14/2010. I believe the answer to your question is in there. Discussion starts on page 2 and continues to around page 36.

http://legislation.phila.gov/transcr...0/ps121410.pdf

[kadar]

Reading that, it looks like all you need is a hunting license to carry on the streets of Philly.

[phillykev]

Discussion starts on page 2 and continues to around page 36.

Thanks. Will read when I get a chance. Is there a quick and easy answer to my question?

[phillykev]

Reading that, it looks like all you need is a hunting license to carry on the streets of Philly.

That's what I was thinking. Of course that would violate state law and doubt it was their intent. Idiots.