Philadelphia Enacts Gun Control Bills in Violation of State Law!

[wboggs]

Story URL http://www.nraila.org/Legislation/Read.aspx?id=3801

Philadelphia Enacts Gun Control Bills in Violation of State Law!

Thursday, April 10, 2008

Make Your Voice Heard!

On Thursday, April 10, the Philadelphia City Council passed five gun control measures with the promise from Mayor Michael A. Nutter that he would sign them into law. Yesterday afternoon he did just that. By signing these illegal gun control measures into law, Mayor Nutter and the city council have attacked the law-abiding gun owners of Philadelphia. This action is in direct violation of Pennsylvania’s state preemption law.

These five ordinances will limit handgun purchases to one a month; require lost or stolen firearms to be reported to police within 24 hours; forbid individuals under protection from abuse orders from possessing guns if ordered by the court; allow removal of firearms from "persons posing a risk of imminent personal injury" to themselves or others, as determined by a judge; and outlaw the possession and sale certain “assault weapons.”

NRA will not stand for these egregious attacks on our Second Amendment rights, and the blatant disregard for Pennsylvania’s existing laws. We are exploring our legal options and will report back soon on any actions we take.

Please contact Mayor Nutter by contacting the “Mayor’s Action Center” at (215) 686-3000 or (215) 686-2250 or you can email him at HelpMe@Phila.gov, and let him know that these attacks on your rights are not only outrageous but illegal. Please also contact the members of the city council and let them know that you oppose these attacks on your rights! To contact the members of the city council please click here.

[PA Rifleman]

DA Lynn Abraham says she won't enforce them, as a defendant will very likely prevail against them.

http://www.kyw1060.com/City-s-New-Gu...la--DA/2006537

by KYW's Tony Hanson and Mike Dunn Philadelphia DA Lynne Abraham says the city's newly enacted gun control laws are unenforceable.
At a hearing on Tuesday before City Council, Abraham (above) said that in her opinion the laws passed last week (see related stories) are illegal and will be challenged as soon as the first person is charged under the new statutes.

And, she added, she thinks any defendant bringing a court challenge to the new laws would be successful.
The new laws include a requirement to report lost or stolen guns, and a one-per-person-per month limit on gun purchases.
Abraham agrees with state lawmakers that state law pre-empts the city in such matters and prevents any city in Pennsylvania from passing any such laws on its own.
When asked point-blank by a city councilmember if her office would enforce the new city gun control laws, she replied, "Nope."

In reaction, Mayor Nutter (right) said he hopes to discuss the DA's position further with her, and he hopes that his law department can convince Abraham that the laws are defensible:


"Much more conversation (with the DA) needs to take place about this. I think that these are legitimate pieces of legislation."
And Nutter also hopes to convince Abraham that the legislation is needed:

"Clearly we need this kind of help and support, and I'm hopeful that the DA will be a partner with us."

[wboggs]

That's very disturbing. Nothing could be more elementary about these issues; our elected government REPRESENTATIVES (meaning representing us as in We the People) are to uphold the Constitution of These United States; instead they carry out their own agendas.

What could be easier to understand than:

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

or

"A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed."

Now I admit that infringed can be a big word to some people but I expect someone elected to public office prepared to uphold the Constitution to not consider that a big word.

WTF??

[c45man]

Nutter has no choice but to ask Abraham to reconsider, which she no doubt will refuse to do. The half-witted mayor stands to suffer as being the laughing stock of the country on both sides of the issue. Imagine passing a law that is so far from being legal, that an otherwise anti-gun D.A. refuses to enforce such laws. Another butt of a joke coming out of philadelphia. The Leno writers should have a field day with this one.

[wboggs]

NRA Begins Court Battle to Protect Pennsylvania Firearm Preemption

Fairfax, VA-Today in Pennsylvania court, the National Rifle Association (NRA) filed for a temporary restraining order blocking the City of Philadelphia from enforcing recently enacted gun control measures. Pennsylvania's state preemption law maintains uniformity over a statewide system of gun laws by barring municipalities from enacting gun control laws that are more restrictive than those passed by the state legislature. NRA is joined in this effort by the National Shooting Sports Foundation (NSSF) and local citizens of Philadelphia.

Last week, Philadelphia's city council passed a package of gun control bills that were clearly preempted by state law. Mayor Michael Nutter, in a brazen act of lawlessness, signed the bills. District Attorney Lynne Abraham warned the city council and mayor that their taxpayer-funded folly was unconstitutional.

"Apparently, Philadelphia politicians believe they can circumvent the will of the Pennsylvania legislature," said Chris W. Cox, NRA's chief lobbyist. "This is the third time the City of Philadelphia has tried to thwart state law by passing its own gun control restrictions. First it tried suing the state legislature, then it tried strong-arming the state legislature, and now it has decided to ignore state law altogether. Despite what it seems to believe, the City of Philadelphia is not above the law."

[ccphilly1984]

That's very disturbing. Nothing could be more elementary about these issues; our elected government REPRESENTATIVES (meaning representing us as in We the People) are to uphold the Constitution of These United States; instead they carry out their own agendas.

Yeah it is... Thank got for the nra restraining order and the state pre emptions... I was planning on buying my first pistol at the next gun show at the national guard armory. If i see something else I like, I want to buy that too... They have some rare stuff there and it's like going to 400 gun stores at once... I really want a 357 revolver and a smith and wesson m & p and if i see both there cheap, I'll get both. plus the stupid "assault rifle" crap would ban simple modern weapon design... maybe mayor nutter should ban cars that have racing stripes and euro taillights, because I heard they add 50 horsepower to a car .

[c45man]

you bring up a very good point about an upcoming gun show. If the show has any of the prohibited items under the philadelphia law, such as high capacity clips, certain semi auto rifles, etc., such activity will challenge the city government to either back off or enforce the law. The mayor and police commissioner stated they would choose the latter. On the other hand, if the D.A. sends no prosecutors to the trial, then what?? Stay tuned.

[ccphilly1984]

and that gun show is the closest to my house... i can spit and hit philadelphia... and rarely go in there... i can't even smoke a cigarette in my bar except for at the one bar at the flyers games... they even make me walk all the way downstairs at citizens bank ballpark... and it's an OPEN AIR stadium... WTF?

[FromMyColdDeadHands]

So when is the OC dinner in Philadelphia??? Maybe an OC trip to Genos steaks is in order!!!

[ccphilly1984]

So when is the OC dinner in Philadelphia??? Maybe an OC trip to Genos steaks is in order!!!

how about an oc protest in front of city hall demanding that the mayor and all city council members get ejected from office... how many people do you think we can go there? ocing a rifle is legal in pa, right, just not in a vehicle... we can have people with their pistols and their rifles... I'd say the no grandfather clause is also unconstitutional on the "assault weapons" ban... because they said that it would give owners of these rifles a few hard options... making it infireable (then it isn't a firearm anymore), turning it into police, getting it out of the county, or facing prosecution... i'd say that is a little bit infringement...and the right to KEEP and bear arms... the city council doesn't want you to keep these... I mean this is let alone the state pre emption... If we can get a hundred or two people, we could get media coverage with interviews so that all the people ignorant to our cause can know... everyone watches the news more than they listen to people that have been there done that. did you know that crime in this country is actually lower now than it was 30 years ago?