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Thursday, June 18, 2009

Commonwealth Court Strikes Down Local Gun Laws

The state Commonwealth Court today struck down the city's attempt to tighten local gun laws, ruling that only the state has the power to enact gun legislation.

Mayor Nutter last year signed five bills controlling guns in the city into law, despite a 1996 state Supreme Court ruling that only the Commonwealth has the power to control firearms. The National Rifle Association then challenged the move.

Today the Commonwealth Court upheld a Common Pleas decision to strike down two of the five laws, one that restricts gun purchases to one a month and bars people from acting as "straw purchasers" and the other which bans the purchase of semi-automatic weapons that hold clips with more than ten rounds.

Both sides expect that this case will eventually land in the state Supreme Court.

UPDATE, 3:05 pm: City Councilman Darrell Clarke, the sponsor of the gun legislation struck down by the court today, said he is disappointed but not surprised by the ruling. Clarke said the city is ready for an appeal to the Supreme Court. The city, he said, hopes the case will lead that court to reconsider the 1996 ruling.

“We believe that ultimately the Supreme Court of the state of Pennsylvania will determine whether or not we have legal standing as it relates to all of these bills," Clarke said. “I think we hopefully will get a much more favorable response from the Supreme Court.”

Posted by Catherine Lucey & Chris Brennan @ 2:36 PM Permalink | 5 comments

Comments

0 like this / 0 don't • Posted 3:21 PM, 06/18/2009

I hope you have your checkbook ready Councilman as the Sup. Court will order costs and attorneys fees for taking such a frivolous appeal. Yeah, great idea...handing money over to the NRA because you wish to posture as being tough on gun crime by passing useless new laws instead of enforcing the laws we already have.

— valentsgrif

0 like this / 0 don't • Posted 3:25 PM, 06/18/2009

We're talking about the State Supreme Court people. Does Clarke not get that he has a budget due Monday to PICA based on real numbers, not fantasy sales tax hike/pension payment delay and refi numbers? Why is Council so immune to reality? If they want to attack gun violence, they can support gun laws on the books, like not letting the mandatory minimum five year gun charge get dropped or plead out, or served at the same time as other charges. That will decrease gun violence, and the state will pass it. Is Council incapable of existing in the political reality of PA? Philly is not an island, a free-floating nation state. It lives in a state with rules and laws that Philly has to comprehend and use. Council has to face that gun crime is perpetrated by gun criminals who should be facing the laws on the books. That is the real need now, and it can't be more pressing, and we can't wait for pie-in-the-sky responses. The answer to Philly gun crime is passing HB 1567 which removes probation and parole for repeat violent offenders, and passing the crime bills submitted by Perzel that mandate that any gun charge is served back to back with other charges. That's real, and can be done this year.

— CleanupPhilly

0 like this / 0 don't • Posted 3:34 PM, 06/18/2009

Go ahead take your appeal but you better have your checkbook ready to write the NRA a check for costs and attorney fees as have the other municipalities that pursued frivolous gun legislation. Nothing like posturing poliicians who pass meaningless gun legislation to fatten the bank accounts of NRA lawyers.

— valentsgrif

0 like this / 0 don't • Posted 4:42 PM, 06/18/2009

Clark is an IDIOT, and wants to take attention away from his inept leadership and the rest of the morons inb Philly's delegation... City is a sewer and continues to get worse, keep voting for those corrupt union loving Dems, you deserve what you all get in that place...

— Mike S.

0 like this / 0 don't • Posted 5:31 PM, 06/18/2009

Philadelphia wants to disarm it's law abiding citizens amidst rising crime....they want you to call the police instead of protecting yourself. If the fire department said to do away with home fire extinguishers and just call 911 when your house burns down there would be no debate. Face it Philadelphians: Gun control is NOT about guns but is all about control. If the mayor has taxpayer paid armed security, that implies that in the administration's view, the mayor's life is more valuable than yours.

— Mark Glaeser

5 comments

About The Philly Clout Team

Chris Brennan, a native Philadelphian and graduate of Temple University, joined the Daily News in 1999. He has written about SEPTA, the Philadelphia School District, the legalization of casino gambling, state government, the mayor, the governor, City Council and political campaigns.

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David Gambacorta spent a small eternity writing about cops, drug dealers and serial killers. Now he’s writing about power and politics – which sometimes reminds him of the old crime beat. He joined the Daily News in 2005. And yes, he knows you’re not quite sure how to pronounce his last name. E-mail tips to gambacd@phillynews.com

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Catherine Lucey joined the Daily News in 2002 and has written about murderous drug gangs, political protesters and Harry Potter. After covering the 2007 mayoral election, she moved over to the City Hall bureau where she has been reporting on the Nutter administration.

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Jan Ransom, a native New Yorker, joined the Daily News in 2010 after graduating from Howard University. She has since written about the difficulty of filing police complaints, tax deadbeats and life after violent home invasions. She joined the Daily News City Hall Bureau in 2011 and has plunged headfirst into reporting on administration budget battles and City Council shenanigans.

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