Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Philadelphia Can’t Set Gun Laws, Court Rules
NY Times ^ | September 27, 2008 | JON HURDLE

Posted on 09/27/2008 8:00:56 AM PDT by Pharmboy

PHILADELPHIA — A state court ruled Friday that Philadelphia was not entitled to set its own gun laws, invalidating five measures passed by the City Council last year and striking a blow against the city’s efforts to strengthen gun control.

The Commonwealth Court dismissed a petition by two City Council members, Darrell L. Clarke and Donna Reed Miller, who filed suit last year arguing that the state’s Uniform Firearms Act did not pre-empt Philadelphia’s gun laws.

The two council members had also argued that the state legislature had created a “state of danger” for Philadelphia residents by their continued refusal to pass measures sought by gun-control advocates.

“While we understand the terrible problems gun violence poses for the city and sympathize with its efforts to use its police powers to create a safe environment for its citizens,” the five-judge panel wrote in a 21-page opinion, “these practical considerations do not alter the clear pre-emption imposed by the legislature.” The decision was by a vote of 4 to 1.

Philadelphia, which has one of the highest homicide rates in the country, has been fighting for years for the right to set stricter gun laws than those on the state’s books.

More than 200 people have been killed in the city this year, most of them with guns. The death toll was 392 in 2007 and 406 in 2006.

The measures voided by the court included a ban on assault weapons and a limitation of handgun purchases to one per person per month. Proposals containing similar restrictions were defeated by state legislators last year.

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; US: Pennsylvania
KEYWORDS: banglist; citycouncil; philadelphia; ruling; urban
Excellent.
1 posted on 09/27/2008 8:00:56 AM PDT by Pharmboy
[ Post Reply | Private Reply | View Replies]

To: Pharmboy

Same slobbering anti-gun crap I’ve read from the media for forty years.


2 posted on 09/27/2008 8:09:17 AM PDT by Luke21
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pharmboy

Mr Nutter needs to deal with the laws already in place.
He also should not be wasting his time or ours by spewing rhetoric in this time. He should be looking into why a criminal with many violations during his jailtime, was given parole as was the case in the latest cop killing.
He should be working on keeping the criminals that are already shown to be a threat to the public....OFF the streets.
If Mr Nutter had looked at the failures in his own criminal system, at least one police officer would still be alive.
Having more gun laws would not solve his problem. Detaining those who have repeatedly broken the law would be a good place to start.


3 posted on 09/27/2008 8:11:47 AM PDT by donnab (some people use change to promote their careers...others use their careers to promote change.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pharmboy
That means Philly's attempts to infringe on the Second Amendment rights of Philadelphians are dead for the foreseeable future. The NRA did great work here!

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

4 posted on 09/27/2008 8:14:17 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pharmboy

No big deal. President Hussein and Pelosi will change the federal laws to allow big cities to impose their community values on the 2nd Amendement.


5 posted on 09/27/2008 8:16:30 AM PDT by yongin (Send a message to the MSM. Vote for Sarah Palin)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pharmboy

“a safe environment for its citizens”

I’m not sure how disarming people is making them safer. Only a stupid liberal could think such a thing.


6 posted on 09/27/2008 8:17:11 AM PDT by CodeToad
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pharmboy
More than 200 people have been killed in the city this year, most of them with guns.

When are these idiots ever going to get it through their thich heads that guns, just like any other inanimate object, cannot do anything!

Blaming guns for crime is like blaming carpenter's hammers for shoddy construction jobs!

7 posted on 09/27/2008 8:18:09 AM PDT by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pharmboy

So when are Chitcago & Daley going to get smacked down with the same?

At least somebody’s making progress.


8 posted on 09/27/2008 8:19:33 AM PDT by BobbyT
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pharmboy
A state court ruled Friday that Philadelphia was not entitled to set its own gun laws

Saves patriots the trouble of ignoring them.

F* "permission" to engage in a right guaranteed by the Constitution. Piss on the socialists attempting to disarm citizens.

9 posted on 09/27/2008 8:43:48 AM PDT by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Luke21

Once and for all, we knuckledragging conservatives must try to understand the compassionate minions of the left. These are simply superior people trying to implement the rules necessary to guide we underlings through our pathetic, unimportant little lives. And yet, like true mouthbreathers, we flyover-country louts continue to impede the selfless efforts of our betters. Is it any wonder the Barney Franks of the world should lose patience with the rabble?


10 posted on 09/27/2008 8:46:57 AM PDT by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Pharmboy
striking a blow against the city’s efforts to strengthen gun control rob the city's citizens of their constitutional rights.
11 posted on 09/27/2008 8:56:25 AM PDT by IronJack (=)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pharmboy
As we've been saying for years, the problem isn't guns it's the criminals. The answer then isn't to remove the constiutional rights of law-abiding citizens to own guns. Because Philadelphia has become a Nutter hell-hole, is no reason to dismantle the second amendment.

This is oviously, a win for the constitution. Good to hear.

12 posted on 09/27/2008 9:17:23 AM PDT by TAdams8591 (Senator McCain you did well!! : ))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pharmboy

“The two council members had also argued that the state legislature had created a “state of danger” for Philadelphia residents by their continued refusal to pass measures sought by gun-control advocates.”

The paper of record can’t get the noun and verb tense correct. What else could be in error? The answer is everything in the article, because it isn’t objective.


13 posted on 09/27/2008 9:53:19 AM PDT by em2vn
[ Post Reply | Private Reply | To 1 | View Replies]

To: BobbyT

I believe legal action in Chicago has already been filed...by part of the same team that brought the DC aftion that wound up with The Supremes.


14 posted on 09/28/2008 6:22:58 AM PDT by Pharmboy (Democrats lie because they must.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Pharmboy
Philadelphia, which has one of the highest homicide rates in the country, has been fighting for years for the right to set stricter gun laws than those on the state’s books.

Philadelphia's problem isn't guns. It's that there's a resident criminal class for whom guns are tools of the trade. If they would simply put this criminal class in jail and keep them there, the problem goes away.
15 posted on 09/28/2008 6:33:20 AM PDT by Antoninus (Ignore the polls. They're meant to shape public opinion, not measure it.)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson