damien
Member
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.
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.
