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Pre-emption, local jurisdictions ignoring the law(PA)
Pittsburg Gun Rights Examiner ^ | 11 January, 2010 | Dan Campbell

Posted on 01/18/2010 7:20:20 AM PST by marktwain

A number of municipalities throughout Pennsylvania have enacted, or are considering enacting, ordinances known popularly as “Lost or Stolen” that impose a duty to report lost or stolen firearms within a prescribed time period and set penalties for failure to make a report.

The justification for these ordinances is that they will somehow restrict the flow of “illegal” firearms into their municipalities and/or restrict straw-purchases. When asked how these ordinances will work, one is met with a “deer in the headlights” stare. The municipalities involved are being lobbied by gun-control organizations, at least two attorneys, at least two PA legislators and are being advised – at least in some cases - by their respective solicitors to proceed with enacting such ordinances.

Beyond the civil rights of citizens, the issue here is that these elected officials, acting on behalf of their municipalities, are breaking the law. Despite being advised of this statute and this ruling local jurisdictions proceed to enact Lost or Stolen ordinances.

Pennsylvania Consolidated Statutes Title 18, PA Crimes Code, §6120. Limitation on the Regulation of Firearms and Ammunition precludes the regulation of “the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammuni¬tion components when carried or transported for purposes not prohibited by the laws of this Commonwealth” by counties and municipalities.

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


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: Pennsylvania
KEYWORDS: banglist; ccw; examiner; pa; premption
These governments are all about "law and order" until something they want to do is against the law. Then they just ignore the law.
1 posted on 01/18/2010 7:20:22 AM PST by marktwain
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To: marktwain

each city has a city lawyer who is responsible for issuing a “go or no go” with such proposals.

It would not surprise most to find out these lawyers are generally incompetent and know very little about the law. They are mostly “do you know who I am” ego driven.

Their view is essentially ALL ordinances are legal unless a judge says otherwise. IOW those cities would bring back slavery until a judge says otherwise.


2 posted on 01/18/2010 7:29:22 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory

When there are no repercussions for pushing bad laws why should they care?


3 posted on 01/18/2010 12:47:13 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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