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Wednesday, April 2, 2008

Council's Gun Control Legislation To Be Held
Councilman Darrell Clarke

A package of gun control bills submitted by City Councilman Darrell Clarke will apparently not come up for a vote tomorrow during Council's weekly session.  Clarke last week said that the city Law Department was reviewing the proposed legislation, which was approved by Council's Committee on Public Safety.  The legislation, which could have come up for a final vote by Council tomorrow, is being amended today and then held.

The legislation would limit handgun purchases to one a month, require owners to report lost or stolen guns to police, allow police to confiscate guns from people considered a risk to themselves or others, require a license from police to bring a gun into the city, ban semiautomatic weapons with clips that hold more than 10 rounds and establish a registry for ammunition sales.

Council passed the same legislation last year but it was not enforced because it called for matching state legislation.  Clarke sued the state after that legislation never happened.  The state is now seeking to have that lawsuit dismissed, arguing that only the General Assembly has the power to regulate guns in Pennsylvania. A 1996 ruling by the state Supreme Court upheld that argument.

The state House yesterday voted down 128-75 legislation that would have required handgun owners across the state to report lost or stolen guns to law enforcement agencies within 72 hours of learning that the weapon was missing. 

Ultimately, Clarke's legislation is designed to provoke a Constitutional fight with the state that could lead to a re-hearing of the Supreme Court's 1996 decision on gun regulation.
Posted by Chris Brennan @ 4:42 PM  Permalink | 1 comment
Comments   
  • 0 like this / 0 don't   •   Posted 9:22 PM, 04/02/2008
    It's not even a Constitutional showdown. The Uniform Firearms Act, created by Fumo, specifically states that no municipality or county has the authority to regulate firearms. It doesn't even get to the Constitution. There is no grey area.
    — Adam Lang


1 comments
About The Philly Clout Team
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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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