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Nutter defies '96 ruling by signing new gun laws

Discussion in 'Legal' started by Animal Mother, Apr 11, 2008.

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  1. Animal Mother

    Animal Mother Member

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    Source: http://www.philly.com/dailynews/local/20080411_Nutter_defies__96_ruling_by_signing_new_gun_laws.html

    So if your firearms are confiscated under this new law would the police be required to return them when the law is overturned, or would you be entitled to compensation? Could a person sue the City of Philadelphia for unlawful restraint of trade for restricting the sale of standard capacity magazines to citizens of Philadelphia and have a reasonable chance of winning?
     
  2. foghornl

    foghornl Member

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    How about "Grand Theft/Larceny Under Color Of Law" or something like that?

    Not sure how it should be worded, but essentially, Police, City, et al stole your property, presumably under some local law, but in opposition to State/Federal law.

    p.s. remove the last 3 letters from Hizzoner Mayor Nut(ter)'s name, and you have all the explanation needed........
     
  3. xjchief

    xjchief Member

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    Just another example of how government does what it wants, when it wants. The problem with our system now is the government doesn't have any fear at all of the people and it's rarely punished for breaking it's own laws.
     
  4. Tom Connors

    Tom Connors Member

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    Hang on. Let me wipe my bloody nose from laughing so hard.

    I think these bills will be overturned before the ink dries. They seem very vague and open to several interpertations. None of which will decrease crime.

    No. Responding to the violence would be enacting mandatory, long term sentences for criminals involved in violent crimes.
     
  5. Standing Wolf

    Standing Wolf Member in memoriam

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    [sarcasm] See? Reasonable compromise. [/sarcasm]
     
  6. yhtomit

    yhtomit Member

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    Wow.

    Typical Nutter, a top-downer if ever there was one, and not just on guns -- and of the variety that likes to be *at* the top, doing the downing.

    This stuff is too transparent to both responding to in detail. I would bother to explain to Nutter's email readers that this is one reason I look forward to leaving the city for good (except for future visits to friends) in 42 days, and spending many of the intervening days elsewhere as well, but as far as Nutter's camp goes, that's good news. Why would they want someone who'd vote against him around to do so? Better to drive people like me away, with high taxes and gun laws that favor (intentional) criminals.

    Declaration of Independence, Ha -- maybe there's a category at the Pollies* for "Least Appropriate Posturing."

    timothy


    * There are no awards called The Pollies, but there should be. Little golden statue of a parrot, perched on a golden cow patty.
     
  7. DKSuddeth

    DKSuddeth Member

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    the only humorous thing about these 'laws' is finding the one judge in philly who will use every hoop and rollercoaster possible to find these laws don't violate the state laws.
     
  8. Tom Connors

    Tom Connors Member

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    This ruling opens the door to a Nazi-like seizure of anyone's weapons. Who determines what is dangerous? The police? Attorney general?
     
  9. Mr White

    Mr White Member

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    I wish PA could just cut Philly loose and let them become part of NJ where they belong. PA would be better for it and it couldn't make Jersey any worse.
     
  10. Animal Mother

    Animal Mother Member

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    +1
    SFT
     
  11. Robert Hairless

    Robert Hairless Member

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    I applaud that Nutter and the Philadelphia city council for declaring the city's independence from the United States of America.

    Here and now I call for recognition of the independent Nation of Philadelphia. It must be respected by us all because its people should have the right of self determination.

    Philadelphia does however have some property belonging to the United States of America and our country should either receive immediate compensation for that property or declare war on Philadelphia. Since Philadelphia's citizens have been disarmed, there should be no resistance. It could be a desirable aquisition as a U.S. territory after it is turned into one large parking lot. From what I see on "Parking Wars," the reality television program that depicts the ongoing war of Philadelphia's city administration against its citizens, the place could turn into a good moneymaker if anyone wants to go there.

    Until then the U.S. should suspend all foreign aid programs to the Nation of Philadelphia. Its citizens can return to their agrarian roots or simply issue parking tickets to each other. The Nutter in charge of that country probably can handle the welfare of all the nutters who elected him.

    In any case the borders to Philadelphia should be sealed immediately so that illegal immigrants from there cannot sneak into the U.S. at night and take our womenfolk.
     
  12. El Tejon

    El Tejon Member

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    Robert, can we declare them a terrorist state then?:D

    Good lesson for THR: antis care nothing, absolutely nothing for the law, for the Constitution, for any of your rights. Be advised.:uhoh:
     
  13. Tom Connors

    Tom Connors Member

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    No, thank you.

    We're in the process of our own tea party over here.

    Perhaps Nutter doesn't know where he sits. He could probably see Independence Hall from his office in City Hall, though the Constitution means very little to him and city council. Says volumes of their respect of our country's history. Perhaps Nutter would like to bring the crown back to Pennsylvania as well.

    King Jon is closing Monmouth State Park site of the historic Battle of Monmouth during the Revolutionary War and Washington's Crossing State Park site of General George Washington embankment and assembly of troops after crossing the Delaware River on December 25, 1776.

    I think they both will get a intense history lesson shortly.

    Tom
     
  14. ZeSpectre

    ZeSpectre Member

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    That article can be easily summed up.
    "We lost in court and we don't like it so we're going to do what we please anyway and who's gonna stop us since we're the big dogs!"

    This is exactly the sort of behavior that illustrates WHY we must have a "last resort" because if folks like hizzhoner won't obey the law then we're down to who can apply more force <sigh>.
     
  15. geekWithA.45

    geekWithA.45 Moderator Emeritus

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    Ya know, the Philadelphia political machine simply does not seem able to generate candidates capable or willing to engage their problems in any substantial way.

    All they seem to be able to do is find people willing to espouse the same old tired stuff that never works, and never will.

    And furthermore, the voters of Philadelphia can't seem to figure that out for themselves.

    Nutter's big crime plan is to bring in the guy who was top cop for DC?

    Yeah, that plan worked really well for DC.

    You've gotta be kidding.

    And this is Nutter's "Plan A", the plan he got elected on.

    Ultimately, there comes a point when a people of a given place have long argued and consistently demonstrated that they are incompetent to handle their own affairs, nor responsible enough be granted access to the levers of power, I'm really tempted to start agreeing with them.

    The problem, of course, is that when people, such as children or senile seniors are determined to be incompetent, they are not allowed to do things like drive, vote, own property or have access to arms.

    Is this infantilized future *really* what the people of Philadelphia want? Because they're pretty damned close to getting it.

    .
     
  16. ozwyn

    ozwyn Member

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    nutter indeed. not much more needs to be said.
     
  17. Deanimator

    Deanimator Member

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    Any cop who tries to enforce these laws could potentially lose everything he owns.

    KNOWINGLY violating state law will almost certainly pierce his qualified immunity, leaving him open to suit as an individual.

    There's a Norfolk, VA cop with a $100,000 suit hanging over her head for false arrest and a variety of other civil torts for falsely arresting a guy in violation of state preemption laws.

    Anybody dumb enough to risk making his family homeless by enforcing these laws deserves whatever he gets. Too bad he'll be dragging the wife and kids down with him. But as they say in the Marine Corps, "Life is hard. It's a lot harder if you're stupid." In a similar situation, the Cleveland FOP were smart enough to tell the mayor to pound sand, and advised its members to ignore orders to enforce Cleveland's now invalid gun laws. We'll see how smart the members of the Philly PD are...
     
  18. romma

    romma Member

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    Why is it that these people never go to jail?

    The city should sue him personally for any costs involved with legal hassles brought on by his actions.
     
  19. Old Fuff

    Old Fuff Member

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    Actually, I can see that the city’s aptly named Mayor Nutter has a good point. :what:

    Clearly there is a problem. These guns are going out and killing innocent people and committing all kinds of “gun violence.” This needs to be stopped, and the answer is to go out and arrest all of these guns, try and convict them, and send the whole gang to the penitentiary. Make them serve a long term I say…!

    There is a minor problem in that the slammer may be filled up with criminals, but the answer is to let them go to make room for the soon-to-be incarcerated guns.

    Now someone might point out that it isn’t guns doing all of this violence, but rather criminals using guns. But that doesn’t matter. The ones that have been released will soon be up to no good, but we’ll all feel better knowing that the “gun violence” problem is gone and the community is truly safe.

    Just like in Chicago and Washington D.C. :rolleyes:
     
  20. Vang

    Vang Member

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    4 out of 5 of the laws will be immediately overturned, but that doesn't make the council's or the mayor's actions illegal, it simply provides the reason why the people should throw them out on the street (not that they will).

    Deanimator, no cop will ever enforce any of these laws before the courts have decided whether they violate state law (due to the waiting period before enforcement in all of the bills).



    Nutter is actually a pretty good politician as they go in Philadelphia. This gun bill puts him in a corner because while nobody in the council thinks these bills are actually a good idea, they are a fantastic political tool. People in Philadelphia are really stupid and think we need gun legislation, but the city is restricted from passing any bill involving the lawful possession of firearms. So, the city tries to pass some bills, holds a press conference, denounces the state government, claims they are doing everything they can, and placates the idiots in city by doing something meaningless in practical terms. It's win-win for city politicians, and win-win for whatever lawyer gets to bill time on this matter, and only lose-lose for the people of Philadelphia and Pennsylvania for footing the bill.
     
  21. RoadkingLarry

    RoadkingLarry Member

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    Would that not double the average IQ of the political leadership in the rest of PA and NJ?
     
  22. damien

    damien Member

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    If this isn't contempt of court, what is? What is the longest sentence someone can get for contempt of court in that jurisdiction?
     
  23. Vang

    Vang Member

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    I don't think you understand contempt of court. You could face contempt of court for something you do in an actual court proceeding.

    Philadelphia's government has committed no criminal or civil offense by passing laws. Now, we should condemn them even more strongly if they knew that the laws were against state law, but that isn't necessarily true for all of the bills. Even if they did know, though, that doesn't make their actions a criminal or civil offense.
     
  24. txgho1911

    txgho1911 Member

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    Maybe the state legislature can make some special rules for Philli.
    Merge the PD to the SP and start arresting the city council for the stoopid attacks. Call the PC the city division.
     
  25. Rugerlvr

    Rugerlvr Member

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    And how many of those firearms were legally owned? How many of those would have been taken off the streets if the laws he just signed were enforced?

    Here's my educated guess. ZERO.
     
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