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me
Joined: 22 Oct 2007 Posts: 119
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Posted: Wed Mar 12, 2008 12:11 pm Post subject: Philly at it again!!! |
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PHILADELPHIA (AP) -- Philadelphia council members have asked a court today to overturn a law that stops them from adopting local gun-control laws.
They say the state's loose gun laws contribute to the city's rampant gun violence.
A 1974 state law gives only the General Assembly authority over gun laws.
But city lawyers argued in Commonwealth Court today that the Legislature has abandoned its responsibility to protect citizens.
Statehouse lawyers want the court to dismiss the suit. They blame the violence on criminals.
Either way, the case is expected to reach the state Supreme Court.
Hmm, maybe they should suceed and become their own state and stop waisting the rest of our money on such nonsense!!
And can you imagine the precidence this would set if the "Legislature has abandoned its responsibility to protect citizens" argument is successful??????? I don't think they're doing the best they can, but abandoned is pretty strong. _________________ Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and like it, never really care for anything else thereafter. |
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armed_citizen

Joined: 27 Oct 2007 Posts: 212 Location: Chambersburg, PA
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Posted: Wed Mar 12, 2008 3:55 pm Post subject: |
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I do not expect them to prevail in this matter. This is yet another feel good step they are taking, claiming an effort to curb the crime epidemic instead of making a strong use of existing laws. More laws will accomplish nothing when charges are bargained away and those who are sentenced get released early.
What isn't as widely known is that many townships and counties have ordinances already on the books that violate the state preemption (Title 18 §6120). Lancaster county recently attempted to enact regulations in violation of state law, and was quickly swamped with phone calls, e-mails and threats of litigation if they proceeded.
Adams county is attempting to correct language which doesn't comply with state law, but I've seen the draft of the new proposal, and it has several flaws remaining as well.
York county parks also has "No Firearms" as one of their use rules, again in violation of state law. Anyone that is cited under any of these regulations should take the matter to court. The law on the matter is very brief and very clear.
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§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. l) 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.
(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.
(Chgd. by 1.1999, Act 59(7), eff.12/15/99.)
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