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View Full Version : NRA sues Philidelpha, City DA won't enforce, &Judge blocks unconstitutional ordinance


Liberty1
04-20-2008, 7:38 PM
http://www.philly.com/philly/news/20080417_Judge_blocks_citys_new_gun_laws.html

Judge blocks city’s new gun laws
By Joseph A. Slobodzian

INQUIRER STAFF WRITER

A Philadelphia judge this morning temporarily blocked enforcement of a package of five gun-control laws enacted last week by City Council.
Common Pleas Court Judge Jane Cutler Greenspan also said that the order would remain in effect pending a further hearing April 28.

C. Scott Shields, the lawyer who filed the lawsuit for the National Rifle Association, said an emergency order was needed to allow city gun shops to know which guns they can sell.

The lawsuit was filed late Tuesday, just hours after District Attorney Lynne M. Abraham told City Council members that she believed the gun-control package was unconstitutional and that she would not enforce it.

Abraham said that as a lawyer and elected official, she was bound to obey the Pennsylvania Supreme Court. In 1996, the court invalidated a city ordinance to regulate assault weapons, ruling that the state legislature in 1994 passed a law specifically barring municipalities from regulating guns.

The state Supreme Court also dismissed on the same ground a 1999 move to hold gun manufacturers liable for Philadelphia's toll of gun violence.

Abraham said she agreed with the intent of the city laws but added, "I know that the ordinances are invalid and unenforceable according to the Supreme Court of Pennsylvania."

But City Solicitor Shelley R. Smith told Council that "our analysis suggests these laws are defensible . . . if we are sued in court."

Doug Oliver, Nutter's spokesman, said the city expected a lawsuit "sooner rather than later."

"If a court of law is where we'll need to go to force a discussion about how to make our city safe, then that's where we'll be," Oliver said. "As the mayor said, doing nothing is not an option."

The lawsuit arose before the first arrest could be made. In addition to the NRA, plaintiffs include the National Shooting Sports Foundation; the Pennsylvania Association of Firearms Retailers; Colosimo's and Firing Line Inc., two Philadelphia gun shops; and several individuals.

The five laws, introduced by Council members Darrell L. Clarke and Donna Reed Miller, were passed unanimously last Thursday and Nutter signed them the same day.

The laws:

Permit authorities to seek a judge's order to remove guns from people declared to be a risk to themselves or others.

Ban people who are subject to a protection-from-abuse order from owning guns.

Require gun owners to report to police theft or loss of a gun within 24 hours of the discovery.

Ban possession or sale of assault or contraband firearms within city limits.

Limit firearm purchases to one a month and require buyers to obtain a police certification that they have not purchased another firearm within the previous month.

easy
04-21-2008, 3:00 PM
Ban ....contraband firearms within city limits.

Ban things that are already illegal - simply brilliant!

tombinghamthegreat
04-21-2008, 8:30 PM
Well at least it is being overturned in the courts but it seems to be nothing more than a publicity stunt while the presidental canidates are in the state. Did the city really think they would actually be able to get away with this?

gazzavc
04-21-2008, 10:59 PM
Concepts commonly named Nutter

Obsessives
A Nutter (or nut) is a person obsessed with a particular item/sport/concept to the point of knowing a maddening amount about the said topic. For example: A Formula 1 fan, who knows all the drivers and their respective teams, starting positions and finishing places for all races for the last 20 years, could be referred to as a "Formula 1 Nutter".

See also Lone Nutter.


Reckless people
A Nutter is someone performing stunts that, while often not dangerous, are sometimes not too sane. The use of the word varies, from person to person. Some consider it an insult while others take it as a compliment to their apparent disrespect for their own personal safety. Some consider it as offensive as a swear word. The Welsh musical group Goldie Lookin Chain dedicated their song "Your Missus is a Nutter" to David Beckham.


People with mental disorders
Particularly in the UK, people with mental disorders are often nicknamed nutters. In general, the word describes a person who behaves erratically or abnormally. The word was probably made popular by Jasper Carrott in his "Nutter on the Bus" routine.

macadamizer
04-22-2008, 4:57 PM
Permit authorities to seek a judge's order to remove guns from people declared to be a risk to themselves or others.

Ban people who are subject to a protection-from-abuse order from owning guns.

Require gun owners to report to police theft or loss of a gun within 24 hours of the discovery.

Ban possession or sale of assault or contraband firearms within city limits.

Limit firearm purchases to one a month and require buyers to obtain a police certification that they have not purchased another firearm within the previous month.

Sounds like they are trying to turn Philadelphia into California...

EdinKali
04-22-2008, 5:33 PM
Calidelphia!! :P

yellowfin
04-23-2008, 8:48 AM
Sounds like they are trying to turn Philadelphia into California... Difference is they're actually fighting it there on OUR terms, not the antis. Interesting isn't it when you start from a RKBA point of view rather than the other that you actually get stuff like that blocked and effectively run out of town rather than having it take up residence and acting like it owns you. If we'd take that approach in CA we wouldn't have the ungodly intolerable crap folks have let run loose here.

macadamizer
04-23-2008, 12:32 PM
Difference is they're actually fighting it there on OUR terms, not the antis. Interesting isn't it when you start from a RKBA point of view rather than the other that you actually get stuff like that blocked and effectively run out of town rather than having it take up residence and acting like it owns you.

Agree completely.