Pittsburgh’s new gun bans should be a non-starter

hotair.com ^ | 12/17/2018 | Jazz Shaw

[rktman]

Assuming the Mayor of Pittsburgh gets his way, tomorrow the City Council will vote on enacting several new gun bans, all of which face immediate questions in terms of their legality. The new laws include a ban on various types of “assault weapons” including rifles, handguns and shotguns. There are also bans on a variety of firearms accessories and the introduction of a new “red flag” law.

As our friend Jeff Duntez points out, even if they didn’t face significant Second Amendment issues, most of these laws aren’t permitted under existing state law.

[rktman]

I know, hotair blah blah blah. Anyways, likely may not amount to much since the supposedly can't be more restrictive than existing state laws. We shall see.

[ZULU]

We need our guns now more than ever.

[lightman]

Anyways, likely may not amount to much since the supposedly can't be more restrictive than existing state laws.

That didn't stop several municipalities (including the cities of Lebanon and York) from temporarily--back in the 90's--enacting bans on using cell phones while driving.

[mylife]

Stay in their face folks.

They pass laws in cloistered chambers.

[mylife]

Trump wants to make me a felon overnight.

Ride them, watch them.

[Celerity]

I prefer to respond to you than he.

And this can not be “pish poshed” away. Philly has different gun laws. Harrisburg has different laws. There are different laws all around PA while the state constitution strictly forbids such practice.

Hell, Harrisburg state government just said a few years ago that those aforementioned cities MUST comply with state laws and those towns wrote a letter back to the state saying “No”. That’s the city of Harrisburg telling the state house in Harrisburg that they refuse to comply with the state constitution!

And as a reminder the PA state constitution goes a step beyond to protect gun ownership: The constitution says “The rights of the person to own and bear arms -shall not be questioned-” Not “infringed” but even “Questioned”.

This state is a garbage fire. We should be in a state-wide civil war.

[familyop]

The NRA is fighting that one.

Pittsburgh Mayor Declares Intent to Ban Guns in Violation of State Law
https://www.nraila.org/articles/20181214/pittsburgh-mayor-declares-intent-to-ban-guns-in-violation-of-state-law

[familyop]

This is from a previous lawsuit in 2015. Looks like the city of Pittsburgh is busy against human rights.

NRA Filing Lawsuit Against Pittsburgh, 2 Other Pa. Cities Over Gun Laws
https://pittsburgh.cbslocal.com/2015/01/14/nra-filing-lawsuit-against-pittsburgh-2-other-pa-cities-over-gun-laws/

[butlerweave]

Yep , criminals will be the first to turn in their guns

[mylife]

The entire area is a street fight with the promise of a kiss, always was.

https://www.youtube.com/watch?v=9KWqbuIbWEc

[sauropod]

Yep.

[Carriage Hill]

I remember that BS; sure didn’t last long.

[txnativegop]

let them keep their bans, but the first people coughing up their guns should be cops and their families.

Maybe then Cops might realize who really gives a shyt about them in the first place.

Harsh, but I think it would be effective.

all too many cops are stuck on stupid these days.

JMO

[Gay State Conservative]

I recall having heard part of an interview with some kind of legislator.Don't know whether he/she was state or Federal.This person was asked if legislators ever considered the constitutionality of a particular piece of legislation they were considering.The legislator answered with a clear and emphatic "no" and said that they let the courts worry about that.

This was evidenced recently in a SCOTUS decision in Caetano v Massachusetts...in which SCOTUS slapped down (9-0) the Massachusetts state legislature as well as the state's Supreme Court.

[Nailbiter]

Actually the first to give up their guns- are the armed guards guarding the dipsits writing these laws

[NFHale]

Anything that violates PA’s state laws is null and void.

So...
Will.
NOT.
Comply.

[Kickass Conservative]

Our Constitutional protections are violated every time a Federal, Local and State Legislative Body is in Session.

Now the Courts have joined the Lawlessness.

[vannrox]

The King of Pittsburgh had best understand what the Bill of Rights are. As well as recognize that Pennsylvanians are protected by TWO (x2) Bill of Rights. The federal Bill of Rights and the Pennsylvania Bill of Rights.

Pennsylvania Constitution of 1776, Declaration of Rights

Thorpe 5:3082—84

I. That all men are born equally free and independent, and have certain natural, inherent and inalienable rights, amongst which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.

II. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences and understanding: And that no man ought or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any ministry, contrary to, or against, his own free will and consent: Nor can any man, who acknowledges the being of a God, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments or peculiar mode of religious worship: And that no authority can or ought to be vested in, or assumed by any power whatever, that shall in any case interfere with, or in any manner controul, the right of conscience in the free exercise of religious worship.

III. That the people of this State have the sole, exclusive and inherent right of governing and regulating the internal police of the same.

IV. That all power being originally inherent in, and consequently derived from, the people; therefore all officers of government, whether legislative or executive, are their trustees and servants, and at all times accountable to them.

V. That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation or community; and not for the particular emolument or advantage of any single man, family, or sett of men, who are a part only of that community; And that the community hath an indubitable, unalienable and indefeasible right to reform, alter, or abolish government in such manner as shall be by that community judged most conducive to the public weal.

VI. That those who are employed in the legislative and executive business of the State, may be restrained from oppression, the people have a right, at such periods as they may think proper, to reduce their public officers to a private station, and supply the vacancies by certain and regular elections.

VII. That all elections ought to be free; and that all free men having a sufficient evident common interest with, and attachment to the community, have a right to elect officers, or to be elected into office.

VIII. That every member of society hath a right to be protected in the enjoyment of life, liberty and property, and therefore is bound to contribute his proportion towards the expence of that protection, and yield his personal service when necessary, or an equivalent thereto: But no part of a man’s property can be justly taken from him, or applied to public uses, without his own consent, or that of his legal representatives: Nor can any man who is conscientiously scrupulous of bearing arms, be justly compelled thereto, if he will pay such equivalent, nor are the people bound by any laws, but such as they have in like manner assented to, for their common good.

IX. That in all prosecutions for criminal offences, a man hath a right to be heard by himself and his council, to demand the cause and nature of his accusation, to be confronted with the witnesses, to call for evidence in his favour, and a speedy public trial, by an impartial jury of the country, without the unanimous consent of which jury he cannot be found guilty; nor can he be compelled to give evidence against himself; nor can any man be justly deprived of his liberty except by the laws of the land, or the judgment of his peers.

X. That the people have a right to hold themselves, their houses, papers, and possessions free from search and seizure, and therefore warrants without oaths or affirmations first made, affording a sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his or their property, not particularly described, are contrary to that right, and ought not to be granted.

XI. That in controversies respecting property, and in suits between man and man, the parties have a right to trial by jury, which ought to be held sacred.

XII. That the people have a right to freedom of speech, and of writing, and publishing their sentiments; therefore the freedom of the press ought not to be restrained.

XIII. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power.

XIV. That a frequent recurrence to fundamental principles, and a firm adherence to justice, moderation, temperance, industry, and frugality are absolutely necessary to preserve the blessings of liberty, and keep a government free: The people ought therefore to pay particular attention to these points in the choice of officers and representatives, and have a right to exact a due and constant regard to them, from their legislatures and magistrates, in the making and executing such laws as are necessary for the good government of the state.

XV. That all men have a natural inherent right to emigrate from one state to another that will receive them, or to form a new state in vacant countries, or in such countries as they can purchase, whenever they think that thereby they may promote their own happiness.

XVI. That the people have a right to assemble together, to consult for their common good, to instruct their representatives, and to apply to the legislature for redress of grievances, by address, petition, or remonstrance.

The Founders’ Constitution
Volume 5, Bill of Rights, Document 5
http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss5.html
The University of Chicago Press

Thorpe, Francis Newton, ed. The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore Forming the United States of America. 7 vols. Washington, D.C.: Government Printing Office, 1909.

[caww]

Section “a” of Pennsylvania Law 18 Pa.C.S.A. § 6120 states Limitation on the regulation of firearms and ammunition. (a) General rule.–No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.

In other words, only the state can pass gun laws.

[Ruy Dias de Bivar]

***including rifles, handguns and shotguns.***
And to think, in 1962, they said they “Only wanted to register handguns. Rifles and shotguns would not be affected”.

And in 1981, Actress Lee Grant went on Good morning America and poked holes in the air while yelling..” THE NRA IS A RIFLE ORGANIZATION! THEY SHOULD GIVE UP THEIR HANDGUNS AND THEY CAN KEEP THEIR RIFLES!”

In 1988 they came for the rifles.