Web Search powered by YAHOO! SEARCH  
TEXT SIZE: A A A A
email this
print this
reprint or license this
SAVE AND SHARE


D.A. says she cannot enforce Philadelphia's new gun laws

Just four days after Mayor Nutter and City Council celebrated enactment of a package of five gun-control laws, reality arrived in the form of District Attorney Lynne M. Abraham.

Speaking yesterday at a City Council meeting, Abraham told members that she believed the new laws were unconstitutional and that she would not enforce them.

"They are, on their face, illegal acts," said Abraham, who predicted that the first arrest under the new laws would result in a lawsuit challenging their constitutionality.

Abraham said that as a lawyer and elected official, she was bound to obey rulings of the Pennsylvania Supreme Court. In 1996, the state's high court threw out a city ordinance to regulate assault weapons, ruling that the state legislature had passed a law in 1994 that specifically barred municipalities from regulating guns.

The Supreme Court also dismissed on the same grounds a 1999 move to hold gun manufacturers liable for Philadelphia's toll of gun violence.

In a later statement, Abraham said she was "in complete agreement with the intent of the ordinances passed by City Council; in fact I have testified countless times before the state legislature in support of gun-control laws."

But as a prosecutor, Abraham added, "I know that the ordinances are invalid and unenforceable according to the Supreme Court of Pennsylvania."

City Solicitor Shelley Smith yesterday addressed concerns raised by Council members about Abraham's objections.

"One of the first things you learn in law schools is that reasonable minds can differ," Smith said. "Our analysis suggests these laws are defensible . . . if we are sued in court."

Mayor Nutter yesterday tried to lessen the impact of Abraham's statement, saying he hoped his Law Department would be able to convince the city's top prosecutor why this package of laws would pass Supreme Court review.

The five laws, introduced by Council members Darrell L. Clarke and Donna Reed Miller, passed unanimously last Thursday and were signed by the mayor the same day.

The laws:

Permit authorities to seek a judge's order to remove guns from people declared to be a risk to themselves or others.

Ban people from gun ownership who are subject to a protection-from-abuse order.

Require gun owners to report to police theft or loss of a gun within 24 hours of the discovery.

Ban possession or sale of assault or contraband firearms within city limits.

Limit firearm purchases to one a month and require buyers to obtain a police certification that they have not purchased another firearm within the past month.


Contact staff writer Joseph A. Slobodzian at 215-854-2985 or jslobodzian@phillynews.com.

Inquirer staff writer Marcia Gelbart contributed to this article.

 
SEARCH JOBS
SEARCH CARS
Philly.com Promotions
PHILLY.COM STORE

Buy Inquirer, Daily News & Philly merchandise here including:
 
Apparel
 
Books
 
Movies
 
Page Reprints
 
Photos