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Posted: 1/3/2005 2:18:09 PM EDT
[#1]
PA has a preemption law. Any ban the city might pass would be struck down in the courts.
ETA Chaka Fattha is an asshat, but why would a gun court be bad? |
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Posted: 1/3/2005 3:36:30 PM EDT
[#2]
"Gun Courts" , "Drug Courts" , and "Youth Courts" have Little to do with preventing
Crime - and a LOT to do with Sucking up Federal Tax dollars ( Our Money ) virlib.ncjrs.org/Courts.asp As always , Follow the Money  |
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Posted: 1/3/2005 5:08:05 PM EDT
[#3]
It is my understanding that Phila can not pass laws contrary to the those passed by Harrisburg. In other words, we are safe for now.....
Regards, Gary |
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Posted: 1/3/2005 5:13:03 PM EDT
[#4]
Because overzealous prosecutors would do everything in their power to prosecute anybody who uses a gun in self-defense, among other things. |
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Posted: 1/3/2005 5:21:08 PM EDT
[#5]
Chaka Fattah is an utter asshat.
I'm in Center City (born and raised, baby!), and as a great man once said, "...from my cold, dead hands...". Any other CC'ers here? Where do you guys shoot? I need to BZ may new Bushy© M4gery. TNS |
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Posted: 1/3/2005 5:23:26 PM EDT
[#6]
Gary this is for Philly not the entire state. Phila laws apply to philly residents. |
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Posted: 1/3/2005 5:39:04 PM EDT
[#7]
Slidestop,
Understood. Phila tried a similar thing years ago when they would not honor out of county permits. This was struck down by the PA Supreme Court as unconstitutional. I suspect any such similar ban would be so inturpreted. Here is some light reading for you.... . . Under 18 Pa.C.S.A. § 6120: No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth. In addition, 53 Pa.C.S.A. § 2962(g) states that “a municipality shall not enact any ordinance or take any other action dealing with the regulation of the transfer, ownership, transportation or possession of firearms.” In Ortiz v. Commonwealth, 681 A.2d 152 (1996), the Pennsylvania Supreme Court struck down local assault weapons ordinances in Philadelphia and Pittsburgh on the ground that they were preempted by 18 Pa.C.S.A. § 6120. The Ortiz court stated that the General Assembly has “denied all municipalities the power to regulate the ownership...transfer or possession of firearms.” Ortiz, 681 A.2d at 155. The court further stated that regulation of firearms is “a matter of statewide concern.” Id. at 156. Also, no government or law enforcement agency or any agent thereof may "create, maintain or operate any registry of firearm ownership within" the state. 18 Pa. C.S.A. § 6111.4. In Allegheny Sportsmen's League v. Ridge, 790 A.2d 350 (2002), a commonwealth court held that petitioners, including a shooting sportsmen’s league who sued various state entities claiming that the state police handgun sales database was a firearm owner’s registry, did not state an actionable claim in court because the state database was not a registry contemplated by section 6111.4, and did not violate that statute. Cities in Pennsylvania may regulate the discharge of firearms. Under 53 Pa. C.S.A. § 3703, cities are authorized to regulate or prohibit the “unnecessary firing and discharge of firearms in or into the highways and other public places...” In addition, 53 Pa. C.S.A. § 23131 permits second class cities (those containing a population of at least two hundred and fifty thousand but under one million) to regulate and punish the discharge of firearms. Regards, Gary |
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Posted: 1/3/2005 7:01:20 PM EDT
[#8]
He's just covering his ass, looking at more than a murder a day start to the new year.
The only program I've heard of that works to get guns out of illegal hands is the program in New York that pays out $1000 to someone who snitches on someone having a gun illegally (must give concrete details to get paid, etc., IIRC). Meanwhile, bad people running around with handguns is all the more reason for me to exercise my right as a citizen of the commonwealth who has been issued a license to carry.... |
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Posted: 1/4/2005 4:46:35 AM EDT
[#9]
they interviewed Sylvester Johnson the other day about taking them away from law-abiding citizens in the city and his comment was.."We have law abiding citizens in this city shooting each other over parking spots, if we take the handguns away, this would never happen..." what a moron! How about all the muggings and robberies that are stopped by law abiding citizens because they are armed, or even the thought that they are armed!! he really believes crime will drop if he bans handguns....it's bad enough in this place without a ban, and he really believes that a ban will help crime....fortunately it will never pass the state legislature, and for me, I've only gotta deal with it for another 9 months.....can't wait..
Jay oh btw it was NBC10 who interviewed him, and they didn't sound at all like they were in favor of it, they actually persented both sides of the argument, I was shocked! |
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Posted: 1/4/2005 6:08:08 AM EDT
[#10]
Well if handguns were to be baned, then the LEO community in Phili don't need them either right? Since handguns are baned, no one will have them so why would the LEO community need them. Same line of thinking. |
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Posted: 1/4/2005 11:51:42 AM EDT
[#11]
No comment............................................................
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Posted: 1/4/2005 11:57:56 AM EDT
[#12]
haha good one Mike, I expected something like that from you....missed a good time Sunday...Ray and I at 400 w/ the CETME and AR, and there were actually good .30 cal holes in the target to go along with all the .223 holes!!!
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Posted: 1/4/2005 12:13:03 PM EDT
[#13]
Jay That's where I got the information from , while watching 5:00 news on 10. I forget the repoerter is was some younger guy I beleive. They also brought up the fact about the NRA would fight them every step of the way. With criminals like Mayor Street in office the city will continue to travel the path its on. |
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Posted: 1/4/2005 12:25:38 PM EDT
[#14]
Rape, Crack, Heroin, they're all banned too. I'm assuming there hasn't been a rape or drug use in Philly either?
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Posted: 1/4/2005 12:39:51 PM EDT
[#15]
yup, that's why I can't wait to get out! |
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Posted: 1/4/2005 8:05:07 PM EDT
[#16]
It's only going to get worse.
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Posted: 1/4/2005 8:21:03 PM EDT
[#17]
Ok,I will comment
 The Mayor - idiot The Commissioner - idiot The Police - mostly idiots, I know good cops who just stopped caring because they got tired of arresting the same people over and over. Location - Being across from Camden doesn't help Future - Detriot |
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Posted: 1/5/2005 4:34:23 AM EDT
[#18]
fixed it for ya Mike.. |
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Posted: 1/5/2005 7:18:15 AM EDT
[#19]
Move- looks like it in June
...and there's a slight chance in a year moving to Seattle. |
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Posted: 1/5/2005 7:55:48 AM EDT
[#20]
The gun court is a good thing. This will bring Philadelphia's lack of federal law enforcement to light. The only problem is the city is broke and won't have any money to start one. |
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Posted: 1/5/2005 1:46:19 PM EDT
[#21]
Update..... They approved the "gun court". It was just on 10 NBC
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Posted: 1/5/2005 1:58:41 PM EDT
[#22]
Seattle?? And you think Philly is liberal??? Are you on crack or what? |
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Posted: 1/5/2005 2:13:18 PM EDT
[#23]
A clean city, 26 to 34 murders a year, coffee shops every 10 feet and 2 1000yd ranges within a hour. I've spent alot of time there over the last 10 years and think it's a great place to live.......and I said maybe
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Posted: 1/5/2005 2:19:01 PM EDT
[#24]
We're gonna miss ya Mike . Whos gonna bust'em of Ray now! & whos Ray gonna bust'em for !
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Posted: 1/5/2005 2:39:18 PM EDT
[#25]
"Chock full Nuts" is just that. Full of nuts and other odious fecal matter. Just another two bit street hustler. BTW, last time I was in Philly I was carryinga Makarov in a Kramer under the shirt rig. At the train station I had to ask one of the cops for directions. I wonder what he would have done if he had known that I was carrying...legally I might had. Had my wife and daughter with me. Was damn glad to have it when we were on the subway and then the overhead. Saw some real strange characters on that ride. They looked at us look we were steaks on the grill.
Sorry you guys in Philly, but I wouldn't lose any sleep if Philly were succeeded to NJ and Pittsburg to Ohio. What a wonderful state it would be. |
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Posted: 1/6/2005 8:35:45 AM EDT
[#26]
They can't even pass the no smoking law.
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Posted: 1/6/2005 9:36:15 AM EDT
[#27]
Ray this is one reason I love Seattle. Starbucks on the back.
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Posted: 1/6/2005 2:24:22 PM EDT
[#28]
What a great reason to move to another liberal hell hole.
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Posted: 1/6/2005 2:26:56 PM EDT
[#29]
Since when does anything I do make any sense?
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Posted: 1/6/2005 2:32:17 PM EDT
[#30]
That is by far the best assesment of Philly I've seen!!! Spot on!! |
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Posted: 1/13/2005 10:40:05 AM EDT
[#31]
wow..big +1 
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