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Pennsylvania Court Finds For Firearms Retailers Over Philadelphia
National Shooting Sports Foundation ^ | April 17, 2004 | Staff

Posted on 04/21/2008 10:04:42 PM PDT by epow

NEWTOWN, Conn. -- Following the decision by a Philadelphia judge earlier this morning, prohibiting enforcement of a series of gun-control laws passed in violation of state law by the Philadelphia City Council, Lawrence G. Keane, senior vice president and general counsel of the National Shooting Sports Foundation (NSSF) – the trade association of the firearms industry and plaintiff in the suit – issued the following statement:

“We are pleased with the court’s decision to honor state law and grant our petition to enjoin Philadelphia from enforcing the City Council’s recently passed gun-control laws. These laws would only hurt law-abiding firearms retailers and citizens and do nothing to thwart violent crime.

“The Pennsylvania Legislature passed into law preemption legislation because it understood the dangers of allowing municipalities to create their own patchwork of gun-control laws. Put simply, the judicial system would make criminals out of law-abiding citizens for merely turning down the ‘wrong’ street.”

A hearing on the permanent injunction is scheduled for April 28.

###


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Government
KEYWORDS: banglist; gunlaw; philadelphia; preemption
It appears that the Philly gun owners have won this round, but the city is appealing the decision to a higher court and who knows how that will turn out. I don't see any way that the city can enforce local laws that were made null and void by a state preemption law, but there isn't very much that a liberal judge can do that would surprise me these days.
1 posted on 04/21/2008 10:04:43 PM PDT by epow
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To: epow

A piece on the Mayor of Philly who promoted and signed these laws in spite of their being illegal.

http://freenj.blogspot.com/2008/04/nutter-breaks-law-to-ban-guns.html


2 posted on 04/22/2008 3:55:07 AM PDT by tcostell (MOLON LABE - http://freenj.blogspot.com - RadioFree NJ)
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To: epow

There is no way that Philly can win this case. My understanding is that it is a state law upheld by the State Supreme Court. In the end, it will go back to the State Supreme Court and they will probably not even bother hearing the case. All the idiot mayor is doing is wasting taxpayer money and pandering. He’s a Hitlery Clinton supporter also...


3 posted on 04/22/2008 4:26:36 AM PDT by Old Teufel Hunden
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To: Old Teufel Hunden
He’s a Hitlery Clinton supporter also...

Nutter's illegal laws are just a brief glimpse of what we will see on a national scale if either Hillary or Obama make it to the White House.

That's why it is so critically important for conservatives to turn out next November and vote for Republican Senators and Congresscritters even if they can't bring themselves to vote for McCain. If either Democrat goes into office with a Democrat majority in Congress to back him or her up the entire Constitution will be ignored just as Nutter ignored PA law.

4 posted on 04/22/2008 6:03:56 AM PDT by epow ("Necessity is the plea for infringement of every human freedom. It is the argument of tyrants.")
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To: Old Teufel Hunden

Someone should sue the Mayor and city council for deprivation of liberties under the color of law. They need to be punished for repeatedly attempting to do what they know they are forbidden to do by state law.


5 posted on 04/22/2008 6:06:01 AM PDT by SoothingDave
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To: Old Teufel Hunden
"All the idiot mayor is doing is wasting taxpayer money and pandering."

No he's not...he's buying political cover. Knowing full well that his *laws* will never pass legal muster, he can always blame the judiciary and the gun lobby for the rampant murder rate in his city, saying he tried to enact "tough laws" to do something about it, but was opposed every inch of the way.

Make sense now?

6 posted on 04/22/2008 6:08:42 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: Joe 6-pack

Yes and no. Nutter will never make sense.


7 posted on 04/22/2008 7:07:09 AM PDT by B4Ranch ( Rope, Tree & Traitor; Some Assembly Required || Gun Control Means Never Having To Say I Missed You)
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