PA pre-emption in trouble?

[ladder13]

Any PA residents familiar with this situation? Will this mean Philly could make their own gun laws?
Looks like appeals are certain.

Commonwealth Court strikes down Act 192, which allowed lawsuits over gun ordinances | WPMT FOX43

 

[sgtsandman]

It's still illegal for Counties or municipalities to make their own laws, organizations like the NRA just can't suit them over it. Unless the PA Supreme Court takes up the case and over turns the lower court ruling. I can't really say if they will or how they will rule. When it comes to PA, one never really knows for sure.

 

[coltle6920]

It's called "Home Rule" I believe.Denver claims this title where they have some stricter gun laws than other parts of the State.Their reasoning was population,density and crime.

 

[falcon1]

After an extremely cursory look at the opinion, it appears that the court threw out the measure due to the "bait-and-switch" method of passage (amending the original bill to a completely new purpose), not upon the merits of the intent of the law itself. The court appears to have been saying, "Follow the legislative process properly."

IANAL, so I may be completely off base.

 

[SMSgt]

In FL the state and individuals can sue municipalities and officials who pass or attempt to pass gun/ammo laws--and it does. Many municipalities have been forced to revoke their ordinances, including those "rules" set by colleges.

 

[Steve_in_PA]

PA State Law says only the State can make and pass gun laws. The trouble was, there was no penalty for those that said screw it, and passed them anyway.

The proposed law would have set penalties for those towns. Now, it's back to "if you don't like our illegal laws, sue us". And of course, who has the money to do this?

 

[badge]

It will be appealed and should be overturned. Then again,... who knows anymore.

 

[WR Moore]

PA State Law says only the State can make and pass gun laws. The trouble was, there was no penalty for those that said screw it, and passed them anyway.

Actually, a couple of years ago, the PA SAG informed the Philadelphia that their local law was unenforcable. The DA has refused to prosecute charges brought under the local law.

I haven't been in PA for 20 odd years, but there was a charge for such shennanigans: Official Oppression. The localities may pass such trash, they can't legally enforce them.

 

[Philadelphia Patriot]

Philadelphia passed a bunch of gun laws a few years ago. The NRA sued the city and won.

 

[bearfoot]

McKeesport/ Pa.

remember back in the 60's, mckeesport passed some admenment that the police chief had to sign an application for purchaseing a weapon. not sure if it is still in effect. ]

 

[mistermills357]

Maybe the legislature can write the court a bill, that can't be misconstrued, like this one has been.