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Democrats to challenge constitutionality of state gun law

Another delay may be in store for a controversial new law allowing the National Rifle Association to sue over municipal gun ordinances.

Another delay may be in store for a controversial new law allowing the National Rifle Association to sue over municipal gun ordinances.

When Gov. Corbett signed the law Oct. 28, municipalities had 60 days to decide whether to repeal their ordinances or risk a costly lawsuit. But the clock was pushed back 10 days when it was discovered that Corbett had signed the wrong version of the law.

Now, several leading Democrats are trying to delay the law further - or block it entirely - by challenging its constitutionality. The law passed amid a flurry of end-of-session legislation in late October after being tacked on as an amendment to an unrelated bill.

The law not only gives "membership organizations" such as the NRA standing to sue municipalities, but awards plaintiffs' legal fees and loss of income, something legal experts have said was an extraordinary provision.

Philadelphia is among roughly 30 municipalities that have enacted local gun laws.

Supporters of the new law said the state constitution already establishes that firearms laws must be uniform, that changes are to be made by the General Assembly, and that existing local laws are not constitutional.

After the NRA bill passed, many of the smaller municipalities immediately began consulting with their solicitors and putting repeal discussions on their council agendas, fearing they could not afford the legal fees even if they ended up winning a lawsuit.

Norristown's council voted to hold a public hearing on repeal.

Shira Goodman, executive director of CeasefirePA, said the lawsuit "may give some of the towns a little more leeway in terms of discussing it with counsel."

Several Democratic state senators, Philadelphia City Council members, and other officials are planning a news conference Monday to outline the lawsuit.

610-313-8117 @JS_Parks