Friday, June 13, 2008

Update on Philly’s Unconstitutional Gun Laws: Two Down!

Well, it’s a case of good news / bad news, but at least two of the city of Philadelphia’s unconstitutional gun laws have been nullified with a permanent restraining order. Judge Jane Cutler-Greenspan struck down the so-called ‘assault weapon’ ban and handgun purchase restriction (one / month) as they violate Pennsylvania’s state preemption laws.

From NRA-ILA Executive Director Chris W. Cox:

“We are pleased with the ruling, but we will continue fighting to protect Pennsylvania’s state preemption law. The provisions struck down by the court were the backbone of the city’s plan, but there is still work to do. NRA will continue to seek justice and freedom for the law-abiding citizens in the crime-ravaged city of Philadelphia.”

Unfortunately Greenspan allowed three of the laws to stand because she ruled that the “NRA and other plaintiffs did not have legal standing to challenge those laws.” The three remaining laws include one that allows judges to remove guns from people declared to be a risk to themselves or others, another that prevents people subject to protection-from-abuse orders from owning guns, and one that requires gun owners to report the loss or theft of a gun to police within 24 hours.

The decision will be appealed (by both sides – likely up to the Pennsylvania Supreme Court), and it will only be a matter of time until the NRA can locate aggrieved parties to challenge the other laws. It’s sad that clearly unconstitutional laws have to be enforced before they can be challenged. This is a legal battle that will continue for several months, if not years. I’ll continue to bring updates as they come in!

Until next time!

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