Pennsylvania Firearm Owners Association
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  1. #41
    Join Date
    Dec 2006
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    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Now THIS is what we need in PA to stop Philly pols

    Several people are arguing in another thread that this:

    18 Pa.C.S. § 6119: Violation penalty
    Except as otherwise specifically provided, an offense under this subchapter constitutes a misdemeanor of the first degree.

    Means that those who drafted and signed the Philly "loophole" law can be criminally charged for this:

    18 Pa.C.S. § 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 ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.

    ----------

    My view was that 18 Pa.C.S. § 6120 is listing a general rule which is a procedural rule, and not a crime or offense under the statute.

    Thoughts from a lawyer?

  2. #42
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    Default Re: Now THIS is what we need in PA to stop Philly pols

    Quote Originally Posted by GunLawyer001 View Post
    Maybe if there were some panel that screened complaints against DA's, so that the average DA could do the work we pay him for without spending most of his time responding to frivolous complaints.
    How about something like a Grand Jury, where citizens are selected to serve for a year at a time? They'd meet, say, once or twice a month to review the complaints for all the DA's in their jurisdiction to (dis-)approve proceedings against DA's. This puts the accountability back in the hands of The People, where the power the DA's have flows from to begin with. Closes up the circle rather nicely if you ask me.

  3. #43
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    Mar 2008
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    Sterling, Pennsylvania
    (Wayne County)
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    Default Re: Now THIS is what we need in PA to stop Philly pols

    Quote Originally Posted by FNG19 View Post
    How about something like a Grand Jury, where citizens are selected to serve for a year at a time? They'd meet, say, once or twice a month to review the complaints for all the DA's in their jurisdiction to (dis-)approve proceedings against DA's. This puts the accountability back in the hands of The People, where the power the DA's have flows from to begin with. Closes up the circle rather nicely if you ask me.
    You really think they want THE PEOPLE to have the power? your lucky you get to vote.

  4. #44
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    Default Re: Now THIS is what we need in PA to stop Philly pols

    Quote Originally Posted by Qtrborecrazy View Post
    You really think they want THE PEOPLE to have the power? your lucky you get to vote.
    The thread isn't about what they want. It's about what we need in PA to stop Philly pols, and about re-instituting accountability for the people who are exercising our power on our behalf. In fact, I consider them not liking the idea to be a feature, not a bug, as it were.

  5. #45
    Join Date
    Feb 2009
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    50 acres in montco, Pennsylvania
    (Montgomery County)
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    Default Re: Now THIS is what we need in PA to stop Philly pols

    Quote Originally Posted by FNG19 View Post
    How about something like a Grand Jury, where citizens are selected to serve for a year at a time? They'd meet, say, once or twice a month to review the complaints for all the DA's in their jurisdiction to (dis-)approve proceedings against DA's. This puts the accountability back in the hands of The People, where the power the DA's have flows from to begin with. Closes up the circle rather nicely if you ask me.
    Sounds kind a like a local version of a Council of Censors.
    The 2A does not GIVE us the right. It tells the gov they can not INFRINGE our right.

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