Two of Nutter's Gun Laws Shot Down by Phila. Judge

[gnbrotz]

http://www.kyw1060.com/Two-of-Nutter...-Judge/2303505

Posted: Tuesday, 03 June 2008 6:09PM

Two of Nutter's Gun Laws Shot Down by Phila. Judge

by KYW's Mike Dunn

A city judge has delivered a blow to Mayor Nutter's effort to enforce Philadelphia-only gun laws, by striking down two of five laws that prompted a challenge by the NRA. (see previous story)

Common pleas judge Jane Cutler-Greenspan has issued a permanent injunction against two of five gun restrictions signed by the mayor -- the two that many consider to have the greatest impact: a limit of one gun purchase a month, and a ban on assault weapons.

Appeals by both the Mayor and the NRA are likely, and City Solicitor Shelley Smith says the state Supreme Court will ultimately decide this:

"Certainly its my expectation that this is going to the supreme court. What path it takes to get there may be a different question, but its certainly my expectation that that's where its headed."

The three laws upheld by the judge include a requirement that lost and stolen guns be reported.

The attorney for the NRA could not be reached for comment. The NRA contends that only the state can enact gun restrictions.

[apython]

How can any of the laws be upheld? Does anyone know how the judge justified allowing the city to make some gun laws but not the others.

[Damage control]

How can any of the laws be upheld? Does anyone know how the judge justified allowing the city to make some gun laws but not the others.

Good question


DC

[Kaos]

Seems odd to me too, but 2 down, 3 to go.

I'm very surprised the AW one was there considering all the press the SKS got (that the shooter should have!)

[gnbrotz]

They were upheld on "procedural grounds". This means there was something not quite right with the paperwork filed or something like that. Either way, both sides will appeal the rulings that went against their desire and they will make their way up the chain to higher courts.

[knighthawk06699]

It is a start, it is not perfect but it is a start. I fell very confidant in the fact that the PASC will shoot all of them down in one fell swoop. Our fight is gaining speed and I can not wait to laugh in the face of Mayor Jiffy and his clowns. Hopefully when they are ruled unconstitutional they will all be charged for knowingly and willingly making illegal laws!!!!

[smokey240sx]

i can't wait till this is over.

[DCChris]

I still don't get the reporting lost or stolen guns thing. Criminals won't report, becuase they more than likely stole the piece anyway. The honest person will be on the phone the second they realize something is gone. Why do these people think that making a law specific to this condition will change anything?

[P-11 shooter]

Well....the 2 worst are shot down, but I can't believe any of them are even considered.

[tes151]

How can any of the laws be upheld? Does anyone know how the judge justified allowing the city to make some gun laws but not the others.

Does not matter. The judge can't override state law so none of the illegal laws can be enforced unless the city wants to get rid of a lot of money due to lawsuits. They just have to make some lawyers a bunch of money and do their little courtroom dances so as to look like they tried to solve the crime problem. It's all about money and votes. Nothing else.