PA Supreme Court firearms law ruling.

[The Unknown 1087]

http://www.phillymag.com/news/2016/0...onstitutional/

So does this mean 6120 is fucked?

[R L Suehr]

It stays the same as before act 192. The local laws will stay on the books as long as no one gets arrested. Once arrested someone would have standing to sue. So they'll just keep useless unenforceable laws on the books, hoping one day they can become enforceable.

[elweasel]

So who wants to get arrested first?

[Remington788]

So who wants to get arrested first?

Can we nominate people?

[GunLawyer001]

So who wants to get arrested first?

Yes, because that worked out so well in Erie . . . lost at the DJ, lost in Common Pleas, too . . . and then we got footnote 9 on appeal.

Who's glad that the pro gun forces sacrificed HB 1243 for this? HB1243 would have allowed thousands of people with old 302's on the record to qualify for Federal relief. These people aren't mildly annoyed by unenforceable local gun laws that are almost never charged; they are being denied their rights every day. We could have fixed the problem created by losing the Keyes case, but there were dollars to be made in the fee-shifting provisions created by the statute appended to the scrap metal bill, and headlines to be added to the scrap books.

[knight0334]

This ruling was actually proper given PA's constitutional provision.

Preemption will roll back to the prior law. Municipalities are still prohibited from enacting and enforcing local gun laws, but you will have to be a victim of said ordinance to have standing.

[Remington788]

This ruling was actually proper given PA's constitutional provision.

Preemption will roll back to the prior law. Municipalities are still prohibited from enacting and enforcing local gun laws, but you will have to be a victim of said ordinance to have standing.

Will a citizen have gone arrested in order to challenge the laws, or can one say that they are victimized by the law, for instance, a local law saying I cannot carry in a park? I am victimized because they are putting me at risk of something happening to me without a way to defend myself and also that they are denying my 2A rights.

[PocketProtector]

Who writes this crap, gotta be some common Core educated nitwits.

[knight0334]

Will a citizen have gone arrested in order to challenge the laws, or can one say that they are victimized by the law, for instance, a local law saying I cannot carry in a park? I am victimized because they are putting me at risk of something happening to me without a way to defend myself and also that they are denying my 2A rights.

You will have to be an actual victim of the ordinance to have standing to challenge your conviction.

Example: You will have to be cited for the local violation, then convicted in the local magistrate's office or Court of Common Pleas(depending on level of violation), to be able to appeal to the higher State courts to rule on whether or not the local ordinance was in violation of State law.

And right now, the 3 higher PA courts are not gun-friendly.

The proper way to deal with this is through the General Assembly with a law written specifically to fix preemption.

[Solaran_X]

Yes, because that worked out so well in Erie . . . lost at the DJ, lost in Common Pleas, too . . . and then we got footnote 9 on appeal.

Who's glad that the pro gun forces sacrificed HB 1243 for this? HB1243 would have allowed thousands of people with old 302's on the record to qualify for Federal relief. These people aren't mildly annoyed by unenforceable local gun laws that are almost never charged; they are being denied their rights every day. We could have fixed the problem created by losing the Keyes case, but there were dollars to be made in the fee-shifting provisions created by the statute appended to the scrap metal bill, and headlines to be added to the scrap books.

Correct me if I am wrong, but isn't the Federal relief from disabilities program unfunded and laws exist that prevent private funding of the relief from disabilities program?