Posted on 10/21/2014 2:30:49 PM PDT by Red in Blue PA
After earlier versions of an amendment to allow individuals and concerned groups to take cities and counties into court over gun laws stronger than the state’s were derailed, a version added to a metals theft bill passed late Wednesday.
The measure, entered as an amendment to House Bill 80, had drawn complaints from gun control advocates due to its structure. As outlined in the language of the act, which passed by a 32-16 vote, groups such as the National Rifle Association can stand in for local citizens in challenging ordinances in court. Lawmakers backing the move argue that it’s a simple matter of protecting constitutional rights.
“This is a good bill, the right bill for Pennsylvania, to protect second amendment and the rights of law abiding citizens of Pennsylvania,” said Sen. Rich Alloway, R-Franklin, the amendment’s sponsor. “This is about individual rights.”
(Excerpt) Read more at guns.com ...
PA Constitution Section 21 The right of the citizens to bear arms in defense of themselves and the State shall not be questioned
Alloway’s amendment is a simple three-page device to codify allowing “a membership organization” to stand in for a “person adversely affected” by local municipal and county laws that are in excess of those already on the state’s books. This would allow organizations like the National Rifle Association and others to become primary plaintiffs in suits to overturn those laws and to recover legal expenses if successful. This has some senate Democrats seeing red.
“It is unprecedented in Pennsylvania jurisprudence…and across the nation,” said Sen. Larry Farnese (D) “We’re making history tonight. We are conferring rights and privileges to citizens of the United States to an association.”
Gun rights groups, who endorsed the measure, see it as a means to help homogenize gun laws in the Keystone State.
US Constitution....
“..the right of the People to keep and bear arms shall not be infringed...”
(Last I heard, Pennsylvania was supposedly still in US of A? Let’s see if her politicians realize this...?)
“It is unprecedented in Pennsylvania jurisprudence…and across the nation,” said Sen. Larry Farnese (D) “We’re making history tonight. We are conferring rights and privileges to citizens of the United States to an association.”
What a LIAR, Member Organizations have been doing this forever on civil rights and consumer protection laws.
see NAACP,ACLU
Environmentalist whackjob outfits, like WWF, EDF, Greenpeace, etc, have had special standing to sue for Environmental regulations since 1967. That’s almost 50 years now. Nothing new.
They don’t mind when unions get legal rights and privileges as citizens do. Or any other leftist ngo group.
Don’t forget ACLU.
It turns the leftists favorite tactic back on them.
leftists use the threat of expensive legal battles to suppress religious freedom, freedom of speech, opposition to unconstitutional tyranny and anything else that they find disagreeable.
To some extent this gives supporters of the 2nd amendment the high ground against local gun control fanatics.
If it wasn’t for the ability to collect TAXPAYER funds for Inflated Legal Expenses as a result of these types of lawsuits, every group we both mentioned would be OUT OF BUSINESS
The commie-libs problem with this is that THEIR people don't have standing.
That sounds great!! Thanks for the info. Let’s hope the PA politicos honor their commonwealth’s constitution.
They never were allowed to do so. Now it is easier to sue them.
That’s cool.
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.