Well, Mayor Peduto signed the semi-auto gun ban. Let the show begin! Using a horrible incident to further his personal agenda. God, help us all...
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Pittsburgh Ban
- Thread starter jeffrefrig
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We shouldn't take threats to our 2A rights lightly, but this is nothing more than symbolic grandstanding and will almost certainly be struck down by the courts. Pennsylvania has a statewide firearms preemption law and the NRA has joined in on a lawsuit challenging Pittsburgh's ban.
NRA-ILA | Pittsburgh Residents Challenge Ban on Standard Capacity Magazines
NRA-ILA | Pittsburgh Residents Challenge Ban on Standard Capacity Magazines
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Why hasn't he been arrested yet?
I would think that violating one’s Constitutional rights constitutes grounds for both criminal and civil actions. Should not at least a civil action be filed against the Mayor and city of Pittsburgh for their attempt to violate/deny citizens’ rights under both state law and and the US Constitution? The civil action should include financial damages as well as attorney costs if in fact the plaintiffs in the civil suit prevail. Citizens prevailing in cases that violate Constitutional rights, in this case 2 Amendment rights, would discourage political hacks from denying certain classes of citizens their fundamental rights for the hack’s political and/or financial gain
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speedyquad
Member
This is also in the works.
Pa. Rep. Metcalfe Calls For Peduto’s Impeachment After Gun Legislation Signing – CBS Pittsburgh..
Pa. Rep. Metcalfe Calls For Peduto’s Impeachment After Gun Legislation Signing – CBS Pittsburgh..
I don't recall the requirement to sustain the charge but the PA Criminal Code does have a statute on "Official Oppression". Several years back, the Philly council/mayor wanted to enact a bunch of stuff, including no recognition of state recognized CCW. The DA told them, they didn't have the power, the law would be illegal, he wouldn't enforce it and they faced the charge noted above.
Depending upon who the DA is, it might get interesting, but Pittsburgh is effectively one party rule. IIRC, the Allegheny County DA does the city cases too, but I'm not sure, been decades. The County isn't necessarily one party.
Depending upon who the DA is, it might get interesting, but Pittsburgh is effectively one party rule. IIRC, the Allegheny County DA does the city cases too, but I'm not sure, been decades. The County isn't necessarily one party.
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They don't have to go that far. The law has no legal standing. The Commonwealth of Pennsylvania has a state preemption law on the books that reserves firearms laws to the state. This is just to prevent the silly stuff that Philly (and now Pittsburgh) used to try all the time since they feel they're "special".
Now, if the court holds the pols personally responsible for the legal costs for the case, it might put a damper on this sort of stuff.
Now, if the court holds the pols personally responsible for the legal costs for the case, it might put a damper on this sort of stuff.
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And THAT is exactly what should happen. Make him as as financially bankrupt as he is already morally bankrupt.
The same is true here in the Commiewealth of Virginia. Thank goodness we have preemption laws, but occasionally a locality will still attempt to institute their own laws.
And Bloomberg’s group Everytown has pledged to send a legal team to defend Pittsburgh, I guess so the Mayor and taxpayers won’t be on the hook. The people need to wake up to who’s really behind all this.
Everytown for Gun Safety’s Litigation Team Will Defend the City of Pittsburgh in Any Litigation Resulting From Its Passage of Gun Violence Prevention Measures | Everytown for Gun Safety
Everytowns litigation team will defend Pittsburgh in any litigation resulting from passage of gun violence prevention measures.
Everytown for Gun Safety’s Litigation Team Will Defend the City of Pittsburgh in Any Litigation Resulting From Its Passage of Gun Violence Prevention Measures | Everytown for Gun Safety
Everytowns litigation team will defend Pittsburgh in any litigation resulting from passage of gun violence prevention measures.
Bloomberg has been very active here in Virginia too. He has helped to buy legislative and executive seats in our state government and seats in the House of Representatives and the Senate. He and his group have worked with mayors in Virginia to push for more 2nd Amendment restrictions. They say that money cannot buy happiness, but it can buy a government!
PA needs a preemption law like Florida:
(3) PROHIBITIONS; PENALTIES.—
(a) Any person, county, agency, municipality, district, or other entity that violates the Legislature’s occupation of the whole field of regulation of firearms and ammunition, as declared in subsection (1), by enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field shall be liable as set forth herein.
(b) If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel.
(c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.
(d) Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section.
(e) A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination of employment or contract or removal from office by the Governor.
(f) A person or an organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated or caused to be enforced in violation of this section may file suit against any county, agency, municipality, district, or other entity in any court of this state having jurisdiction over any defendant to the suit for declaratory and injunctive relief and for actual damages, as limited herein, caused by the violation. A court shall award the prevailing plaintiff in any such suit:
1. Reasonable attorney’s fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and
2. The actual damages incurred, but not more than $100,000.
Interest on the sums awarded pursuant to this subsection shall accrue at the legal rate from the date on which suit was filed.
After this came out a few years back, a lot of municipal ordinances disappeared from the codes. A few politicians have threatened to create new ones--until the city attorneys say, "No, don't do that."
(3) PROHIBITIONS; PENALTIES.—
(a) Any person, county, agency, municipality, district, or other entity that violates the Legislature’s occupation of the whole field of regulation of firearms and ammunition, as declared in subsection (1), by enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field shall be liable as set forth herein.
(b) If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel.
(c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.
(d) Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section.
(e) A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination of employment or contract or removal from office by the Governor.
(f) A person or an organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated or caused to be enforced in violation of this section may file suit against any county, agency, municipality, district, or other entity in any court of this state having jurisdiction over any defendant to the suit for declaratory and injunctive relief and for actual damages, as limited herein, caused by the violation. A court shall award the prevailing plaintiff in any such suit:
1. Reasonable attorney’s fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and
2. The actual damages incurred, but not more than $100,000.
Interest on the sums awarded pursuant to this subsection shall accrue at the legal rate from the date on which suit was filed.
After this came out a few years back, a lot of municipal ordinances disappeared from the codes. A few politicians have threatened to create new ones--until the city attorneys say, "No, don't do that."
The "teeth" in this statute were added in 2012 (?). Before that it merely stated such local laws were "Null and Void" but had no penalty. Many municipalities kept their ordinances "on the books" while others enforced or attempted to enforce them. Local politicians HATE this statute and attempt to change it, fortunately unsuccessfully so far. Miami/Dade is a prime pusher for change.
ParadiseRoad
Member
...re the Pittsburgh law...
..."the gun controls also prohibit the public discharge of long bows, compound bows, recurve bows, and crossbows. The laws also prohibit the public discharge of BB guns."...
..."the gun controls also prohibit the public discharge of long bows, compound bows, recurve bows, and crossbows. The laws also prohibit the public discharge of BB guns."...
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Legislation is now "on hold" !!!!!!! City Of Pittsburgh Agrees Not To Enforce Gun Control Legislation During Ongoing Court Proceedings – CBS Pittsburgh
gman51
Member
Yep try taking the guns away and see how quick the people take to protecting their 2nd rights.
