Philadelphia: Judge Puts City's New Gun Control Laws on Hold


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damien
April 17, 2008, 04:41 PM
As you all know, Philadelphia passed a law that created restrictions that conflicted with state law. Even their city attorney told them not to do it. Here is the result.

http://www.kyw1060.com/City-s-New-Gun-Control-Laws-On-Hold/2022462

Philadelphia's brand-new gun control laws have been placed on hold, following a challenge from the National Rifle Association.

Attorneys for the NRA had asked for a temporary restraining order, and Philadelphia Common Pleas Court judge Jane Cutler Greenspan granted that order late Thursday morning.

Judge Green ruled that there would be no harm in granting the TRO since the city acknowledged in court that it would be weeks or even months before they would be ready to implement the new gun laws, due to the need for new training and protocols.

But the judge has put the dispute on the fast track. She told the attorneys for both sides to file legal briefs by next Monday and scheduled a hearing for April 28th. She promised a ruling very soon thereafter.

NRA lawyer C. Scott Shields says the city's guns laws -- including a purchase limit of one gun a month per person, and a requirement to report lost or stolen guns -- are unconstitutional:

"They are not allowed. It is all pre-empted by state law. They are just not allowed to, in any way, restrict any of your Constitutional rights to possess, sell, or transfer firearms. And it's crystal clear."

Philadelphia DA Lynne Abraham has stated the same opinion this week (see related story) and said she would not prosecute these cases.

But a city attorney argues that these laws were carefully crafted so as not to be pre-empted by state law. And city solicitor Shelley Smith, while acknowledging that it will be a difficult challenge, believes the city does have some leeway to enact gun laws.

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Kim
April 17, 2008, 08:29 PM
Hilliary and Obama agreed last pm with Nutter.

Standing Wolf
April 17, 2008, 10:42 PM
But a city attorney argues that these laws were carefully crafted so as not to be pre-empted by state law. And city solicitor Shelley Smith, while acknowledging that it will be a difficult challenge, believes the city does have some leeway to enact gun laws.

It's too bad 99% of elected officials give the other 1% such a bad name.

TheShadow
April 18, 2008, 10:09 AM
It's too bad 99% of elected officials give the other 1% such a bad name.

You know I find it amazing that this is brought up here. However, keep in mind the Political Class HATE when we point out their flaws, and paint every one of them with the same brush that the minority who drag them down provide us with. Yet at the same time, isn't that exactly what those who would take our guns do to all gun owners? Just another example of the Double standards.

Robert Hairless
April 18, 2008, 10:44 AM
Philadelphia's brand-new gun control laws have been placed on hold, following a challenge from the National Rifle Association.

Good. As an NRA member and a contributor to the NRA/ILA I helped fund that action. This time my money helped the people of Philadelphia. Next time it might help me or you or everyone. That's good.

If you are not an NRA member and a contributor to the NRA's Institute for Legislative Action (the NRA/ILA), how about joining us now. We can use your help.

You can use your help too. Join us so it's there when you need it.

Bubbles
April 18, 2008, 11:16 AM
Just a nitpick, but NRA-ILA is the 501c4 lobbying organization (Institute for Legislative Action). The lawsuit is a judicial action from the 501c3 NRA Civil Rights Defense Fund (http://www.nradefensefund.org/). They are two very different organizations with different missions.

ILA pays for a lobbyists; CRDF pays for lawsuits.

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