Local, national and world news stories of interest.
 #448  by Wynder
 
Posted under fair use.

http://www.philly.com/philly/news/20080 ... _laws.html

Posted on Thu, Apr. 17, 2008
Judge blocks city’s new gun laws

By Joseph A. Slobodzian

INQUIRER STAFF WRITER
A Philadelphia judge this morning temporarily blocked enforcement of a package of five gun-control laws enacted last week by City Council.

Common Pleas Court Judge Jane Cutler Greenspan also said that the order would remain in effect pending a further hearing April 28.

C. Scott Shields, the lawyer who filed the lawsuit for the National Rifle Association, said an emergency order was needed to allow city gun shops to know which guns they can sell.

The lawsuit was filed late Tuesday, just hours after District Attorney Lynne M. Abraham told City Council members that she believed the gun-control package was unconstitutional and that she would not enforce it.

Abraham said that as a lawyer and elected official, she was bound to obey the Pennsylvania Supreme Court. In 1996, the court invalidated a city ordinance to regulate assault weapons, ruling that the state legislature in 1994 passed a law specifically barring municipalities from regulating guns.

The state Supreme Court also dismissed on the same ground a 1999 move to hold gun manufacturers liable for Philadelphia's toll of gun violence.

Abraham said she agreed with the intent of the city laws but added, "I know that the ordinances are invalid and unenforceable according to the Supreme Court of Pennsylvania."

But City Solicitor Shelley R. Smith told Council that "our analysis suggests these laws are defensible . . . if we are sued in court."

Doug Oliver, Nutter's spokesman, said the city expected a lawsuit "sooner rather than later."

"If a court of law is where we'll need to go to force a discussion about how to make our city safe, then that's where we'll be," Oliver said. "As the mayor said, doing nothing is not an option."

The lawsuit arose before the first arrest could be made. In addition to the NRA, plaintiffs include the National Shooting Sports Foundation; the Pennsylvania Association of Firearms Retailers; Colosimo's and Firing Line Inc., two Philadelphia gun shops; and several individuals.

The five laws, introduced by Council members Darrell L. Clarke and Donna Reed Miller, were passed unanimously last Thursday and Nutter signed them the same day.

The laws:

Permit authorities to seek a judge's order to remove guns from people declared to be a risk to themselves or others.

Ban people who are subject to a protection-from-abuse order from owning guns.

Require gun owners to report to police theft or loss of a gun within 24 hours of the discovery.

Ban possession or sale of assault or contraband firearms within city limits.

Limit firearm purchases to one a month and require buyers to obtain a police certification that they have not purchased another firearm within the previous month.
 #495  by stephpd
 
I saw Lynn Abrams on the news saying her office would refuse to prosecute these illegal laws.
Didn't want to be sued for prosecuting illegal laws.

Glad to see a few people in Philly know and appreciate the state laws.

Also saw in the News Journal that Wilmington's city council wanted the police to start the 'stop and frisk' by police. There's another illegal law. Some thing about innocent until proven guilty and probable cause. At least the mayor said that isn't going to happen. yet