Now THIS is what we need in PA to stop Philly pols

[GunLawyer001]

Florida leads the way in gun preemption that has teeth:

". . . State Representative Matt Gaetz is sponsoring the house version of the bill that would impose a five year prison sentence and fines of up to $5 million dollars on elected officials violating Florida's preemption gun laws."

http://www.wjhg.com/home/headlines/D...117386618.html

[ungawa]

Yes!!!!

[mrjam2jab]

Yep. I heard about that, but couldnt remember what state it was.

Now, who can we get to introduce it?

[kadar]

Here is the actual bill:
http://www.myfloridahouse.gov/Sectio...5&Session=2011

[jcabin]

gorgeous!!

[fragmag]

Florida leads the way in gun preemption that has teeth:

". . . State Representative Matt Gaetz is sponsoring the house version of the bill that would impose a five year prison sentence and fines of up to $5 million dollars on elected officials violating Florida's preemption gun laws."

http://www.wjhg.com/home/headlines/D...117386618.html

What's funny is I just moved from the Destin, FL area. Bunch of elitist tool's with too much money and not enough sense. Beautiful area though.

[Brick]

snipped
Now, who can we get to introduce it?

Send it to Todd Rock and Daryl Metcalfe.

[YosemiteSam]

New laws not enforced by a sympathetic DA will change what? We have to change the Pa. Constitutional powers of the State Attorney General.

[thefirstndsecond]

I agree we need this in Philadelphia. It costs the tax payers money for the council people to violate my rights and then for me to fight it in court.

It really needs to be addressed at the state level and these ignorant criminals need to be stopped. I call them criminals because of their complete disregard for the state law.

[kadar]

How is 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.
(a.1) No right of action.--
(1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.


(a.2) PREEMPTION.—Except as expressly provided by general
law, the Legislature hereby declares that it is occupying the
whole field of regulation of firearms and ammunition, including
the purchase, sale, transfer, taxation, manufacture, ownership,
possession, storage, and transportation thereof, to the
exclusion of all existing and future county, city, town, or
municipal ordinances or regulations relating thereto. Any such
existing ordinances or regulations are hereby declared null and
void. Any existing law shall be removed within 90 days.

(a.3) PROHIBITIONS.—The following entities may not, when
acting in their official capacity or otherwise under color of
law, regulate or attempt to regulate firearms or ammunition in
any manner, whether by the enactment or enforcement of any
ordinance, regulation, measure, directive, rule, enactment,
order, policy, or exercise of proprietary authority, or by any
other means, except as specifically authorized by this section
or by general law:

(a) A local government.
(b) A special district.
(c) A political subdivision.
(d) A governmental authority, commission, or board.
(e) A state governmental agency.
(f) Any official, agent, employee, or person, whether
public or private, who works or contracts with any state or
other governmental entity.
(g) Any entity that serves the public good when such
service is provided in whole or in part by any governmental
entity or utilizes public support or public funding.
(h) Any public entity other than those specified in this
subsection, including, but not limited to, libraries, convention
centers, fairgrounds, parks, and recreational facilities.
(i) Any body to which authority or jurisdiction is given
by any unit or subdivision of any government or that serves the
public good in whole or in part with public support,
authorization, or funding or that has the authority to establish
rules or regulations that apply to the public use of facilities,
property, or grounds.

(a.4) POLICY AND INTENT.—
(a) It is the intent of this section to provide uniform
firearms laws in the state; to declare all ordinances and
regulations null and void which have been enacted by any
jurisdictions other than state and federal, which regulate
firearms, ammunition, or components thereof; to prohibit the
enactment of any future ordinances or regulations relating to
firearms, ammunition, or components thereof unless specifically
authorized by this section or general law; and to require local
jurisdictions to enforce state firearms laws.
(b) It is further the intent of this section to deter and
prevent the violation of this section, the abuse of official
authority that occurs when local enactments are knowingly passed
in violation of state law, and the violation under color of
local authority of rights protected under the constitution and
laws of this state.

(a.5) PENALTIES.—
(a) Any person who, or entity that, knowingly and
willfully violates a provision of this section commits a felony
of the third degree.
(b)1. Except as required by the State
Constitution or the Sixth Amendment to the United States
Constitution, public funds may not be used to defend the
unlawful conduct of any person charged with a knowing and
willful violation of this section, unless the charges against
such person are dismissed or such person is determined to be not
guilty at trial.
2. Notwithstanding subparagraph 1., public funds may be
expended to provide the services of the office of public
defender or court-appointed conflict counsel as provided by law.
(c) The governmental entity in whose service or employ a
provision of this section is violated may be assessed a fine of
not more than $5 million if the court determines that the
violation was willful and that any person at the governmental
entity with oversight of the offending official, designee,
contractee, or employee knew or in the exercise of ordinary care
should have known the act was a violation. Fines assessed under
this section shall be deposited in equal amounts into the
administrative account of the state attorney and the
administrative account of the court in the jurisdiction in which
the offense occurred and was prosecuted.

(d) The state attorney in the appropriate jurisdiction
shall investigate complaints of criminal violations of this
section and, where the state attorney determines probable cause
of a violation exists, shall prosecute violators. Any state
attorney who fails to execute his or her duties under this
section may be held accountable under the appropriate Pennsylvania
rules of professional conduct.
(e) A knowing and willful violation of any provision of
this section by a person acting in an official capacity for any
of the entities specified in this section or otherwise under
color of law shall be cause for immediate termination of
employment or contract or removal from office by the Governor.
(f) A person or an organization whose membership is
adversely affected by any ordinance, regulation, measure,
directive, rule, enactment, order, or policy promulgated or
enforced in violation of this section may file suit in an
appropriate court for declarative and injunctive relief and for
all actual and consequential damages attributable to the
violation. A court shall award the prevailing plaintiff in any
such suit:
1. Attorney's fees in the trial and appellate courts to be
determined by the rate used by the federal district court with
jurisdiction over the political subdivision for civil rights
actions;
2. Liquidated damages of three times the attorney's fees
under subparagraph 1.; and
3. Litigation costs in the trial and appellate courts.
Interest on the sums awarded pursuant to this subsection shall
accrue at 15 percent from the date on which suit was filed.
Where applicable, payment may be secured by seizure against any
municipal vehicles used or operated for the benefit of any
elected officeholder in the appropriate municipality if not paid
within 72 hours after the order's enrollment and publication.

(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
"Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 ( relating to sale and use of air rifles).
"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.