Philidelphia wants to prempt state law

Philidelphia wants to prempt state law

This is a discussion on Philidelphia wants to prempt state law within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; This is an article from the phila daily news, phila is ignoring state and federal constitutions and Pennsylvania pre emption laws . Please contact Pa.state ...

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Thread: Philidelphia wants to prempt state law

  1. #1
    Member Array jb32765's Avatar
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    Philidelphia wants to prempt state law

    This is an article from the phila daily news, phila is ignoring state and federal constitutions and Pennsylvania pre emption laws .
    Please contact Pa.state reps and senators!!!




    Safety committee OKs gun-control legislation

    By CHRIS BRENNAN
    Philadelphia Daily News

    brennac@phillynews.com 215-854-5973
    Kervin Henry was waiting at a bus stop on his way home to Germantown in October when three men walked up, brandished a pistol and demanded his money.

    Henry had only a Transpass.

    "They said: 'Man, just let him have it,' " Henry, 23, recalled yesterday, leaning on a crutch and explaining how one of the men shot him in the right knee.

    That shooting landed Henry in a different sort of conflict yesterday at City Hall, as City Council took a big step closer to a court fight with the state on gun control.

    Council's Committee on Public Safety approved legislation to limit handgun purchases to one a month; require owners to report lost or stolen guns to police; allow police to confiscate guns from people considered a risk to themselves or others; require a license from police to bring a gun into the city; ban semiautomatic weapons with clips that hold more than 10 rounds; and establish a registry for ammunition sales.

    That legislation, introduced by Councilman Darrell Clarke, could be approved on Thursday.

    Mayor Nutter, who has pledged to sign it into law and start enforcement, yesterday called it "the kinds of tools we need to make Philadelphia safer." The city Law Department, he added, is reviewing the legislation.

    "Obviously, we want to be in the strongest position as it relates to enforcement," Nutter said.

    This is a second try: The same legislation passed last year but was never enforced because it called for matching action by the state General Assembly that never came. Clarke sued the General Assembly, and Commonwealth Court is now deciding if the case can go forward.

    By suing and trying to pass the legislation, Philadelphia is taking two routes to what it hopes is a final destination: A review by the state's Supreme Court of its 1996 ruling that struck down local gun-control laws in Philadelphia.

    The state House and Senate, joined by the National Rifle Association, have challenged the city's ability to pass its own gun laws.

    Clarke yesterday said that he was not sure what would happen if the city tried to enforce the laws in the face of that 1996 ruling.

    "We're in uncharted waters at this point," Clarke said. "But given the level of significance of this issue, we think it's prudent for us to attempt every imaginable strategy as it relates to gun violence."

    Deputy Police Commissioner Richard Ross yesterday told Council that his department supports the legislation. Later, he said it could have a "profound impact" on gun violence here.

    "It's unfortunate that a lot of times you do believe you're in a fight alone," Ross said. "This just tells us we're not. In order to stem the tide of violence, we have to start somewhere. This is a good place to start."

    As Council acted, Dr. Calvin Johnson, the state's secretary of health, held a meeting to discuss the Pennsylvania Injury Reporting and Intervention System, a pilot program that tracks victims of shootings in three Philadelphia hospital emergency rooms.

    Johnson, who invited Henry to speak about the night he was shot, said the program targets victims between the ages of 15 and 24 and focuses on stopping the cycles of injuries and retaliations.

    "It all fits together right now," Johnson said of Council's action and his program. "It's about breaking the cycle of violence and breaking it now."

    State Rep. Dwight Evans, who has advocated for gun control in Harrisburg, praised Council's effort and said that it could "drive the pressure" for the Supreme Court to reconsider local gun control.

    "They have the right to do what they're doing," Evans said. "Ultimately, the Supreme Court will decide who is right." *



    Welcome comrads to the sheeples socialist state of Philidelphia


  2. #2
    Senior Member Array Shadowsbane's Avatar
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    First of all is the Mayor's name really Nutter?

    Second and most importantly small fish do not eat larger ones. Cities do not have the power to subvert state law, not unless the state either allows them to or they somehow become powerfull enough to be a real threat, in which case they become big fish themselves.
    Now, we must all fear evil men. But there is another kind of evil which we must fear most, and that is the indifference of good men.

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    Senior Member Array press1280's Avatar
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    Here we go again. People just don't learn. You couldn't stop thugs robbing a guy,but you're going to stop him from having a gun.
    Philly's going down the road traveled by DC, why would things turn out different?
    Luckily the state can and should override this nonsense,then tackle the root of the problem(prosecute gang bangers and crackheads to the max and throw away the key).
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
    Nunn v. State GA 1848

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    Senior Member Array Fast Cloud's Avatar
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    Now would be a great time to open a knife store in Philly. Seriously though, I hate to read stories like this. To me, Philadephia is as big a symbol of freedom for this nation as Boston or DC and yet all three seem bent on restricting their citizens rights to point of no return. With all that history surrounding them every single day they just turn a blind eye so they can line their pockets. It's despicable.
    "Any rationally thinking person is armed" ---Hinds Co. constable John Lewis

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    VIP Member Array ccw9mm's Avatar
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    Council's Committee on Public Safety approved legislation to limit handgun purchases to one a month; require owners to report lost or stolen guns to police; allow police to confiscate guns from people considered a risk to themselves or others; require a license from police to bring a gun into the city; ban semiautomatic weapons with clips that hold more than 10 rounds; and establish a registry for ammunition sales.
    Philadelphia was once the seat of freedom. How far we've fallen, if the "fathers" of the city now seek to restrict the common citizen's ability to defend.

    Such measures are intended to impact criminals and not citizens, yes? Well, Philadelphia ... prove it. PROVE that the impact will be on criminals and NOT citizens.

    The state passed its preemption law expressly to avoid such city-based shenanigans such as this.

    It apparently takes a rocket scientist to appreciate a simple reality, that a criminal who has no compunction over possessing an illegally-obtained firearm will have no problem with keeping a larger magazine, obtaining a full-auto variant, purchasing ammunition elsewhere.

    And, since "authorities" will have no clue that John Q. Criminal owns a firearm, confiscation laws won't affect him.

    All of this means one thing, and one thing only: law-abiding citizens will be the ones impacted. Criminals are outside the "net" being cast with these measures and they'll escape with their guns, magazines and possession intact.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
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    Member Array joelg's Avatar
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    "A society of sheep must in time beget a government of wolves." --Bertrand de Jouvenel
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    Member Array dang.45's Avatar
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    Quote Originally Posted by jb32765 View Post
    Council's Committee on Public Safety approved legislation to ... ban semiautomatic weapons with clips that hold more than 10 rounds.
    Well, I guess I'd be fine there since all of my weapons take magazines and not clips...

    How is it that the people that know the least about what they are talking about are always the ones that write the legislation?
    "It is only as retaliation that force may be used and only against the man who starts its use. No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had a right to choose: his own." - John Galt, from Atlas Shrugged

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    VIP Member Array Kerbouchard's Avatar
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    These things are popping up more and more and more. To tell you the truth, they are starting to scare me. I wonder how long it will take for them to try something like that in TX.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

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    Distinguished Member Array sniper58's Avatar
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    Labeling the gun as evil sells better at the polls than addressing human depravity. Citizens of Philly (or any other area) don't want to hear about lack of parenting, no discipline or order in schools, etc.... No, it's easier to blame someone (or something) else (McDonalds/BK are responsible for obesity). The sad part is the sheep want to be told they are doing everything right and it's always someone else's fault. I hope this get shot down so fast it becomes an enigma to these legislative idiots.
    Last edited by sniper58; March 30th, 2008 at 01:37 PM. Reason: sp
    Tim
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    My sentiments on this would be they can pass as many laws as they wish. PA law states a municipality can not prempt state law. They cannot win in court. I suppose if they also think that if they pass a law saying residents of Philly didn't have to pay PA state income tax, that it would be legal too!!

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    VIP Member Array slugger6's Avatar
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    Several of the large cities here in Ohio tried that and lost...thank God!
    "What lies behind us and what lies before us are tiny matters compared to what lies within us." - Ralph Waldo Emerson

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    Distinguished Member Array Pro2A's Avatar
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    Quote Originally Posted by press1280 View Post
    Here we go again. People just don't learn. You couldn't stop thugs robbing a guy,but you're going to stop him from having a gun.
    Philly's going down the road traveled by DC, why would things turn out different?
    Luckily the state can and should override this nonsense,then tackle the root of the problem(prosecute gang bangers and crackheads to the max and throw away the key).
    As long as the rest of the state holds Philly in check, which is the case now, then we don't have to worry about Philly and their looney socialist anti-gun agenda.

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    Quote Originally Posted by Kerbouchard View Post
    These things are popping up more and more and more. To tell you the truth, they are starting to scare me. I wonder how long it will take for them to try something like that in TX.
    I think you'll be ok.
    I havenít heard any of the journalists who volunteered to be waterboarded asking to have their fingernails wrenched out with pliers, or electrodes attached to their genitals.

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    Distinguished Member Array P7fanatic's Avatar
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    Cool

    Ignorance is bliss.
    I never cease to be amazed at the ignorance of big city politicians/administrators and police chiefs.





    "The price of freedom is eternal vigilance." -Thomas Jefferson

    "Liberalism is a Mental Disorder." -Michael Savage

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    Member Array JungleJim's Avatar
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    Mayor Nutter...how appropriate

    The poor guy is robbed and shot and Nutter's solution is to tell the criminals they can't have guns...what an assclown!!! Who elects people like this?????

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