pa2a.org


Share Thread:  
HB80 Passes - Corbett Will Sign! I'm Preparing a LAWSUIT
#1
nuke 
Ok guys... HB80 passed yesterday:
http://www.legis.state.pa.us/CFDOCS/Legi...80&pn=4318

NRA Press Release:
http://www.nraila.org/legislation/state-...ctory.aspx


I've already found a candidate to file suit against the City of Philadelphia. Me.


I own an "assault weapon" under Phila Code §10-821: http://phillycode.org/10-821/

This is the City’s ban on “assault weapons”. Under this definition my FNAR is illegal because it’s defined as an assault rifle under §10-821(2)(a)(.3), and then under (.c) anything defined as an assault rifle is classified as a “contraband weapon”. Under (3) and (3)(.c) I am ordered to take it out of the City or turn it over to the Philadelphia Police Department.

This also makes my .22LR replica AK-47 illegal even though it’s a plinker. Before this law takes effect (60 days after Corbett signs it), I'll go and get another regular chambered AK-47 for good measure.


Now, we all know the uniformity clause in PUFA:
Quote:18 Pa.C.S. § 6120: Limitation on the regulation of firearms and ammunition
(a) General rule.--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.
(a.1) No right of action.--
(1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.
(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
"Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 ( relating to sale and use of air rifles).
"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.



It is very likely that the City will not remove all the illegal shit from their books until the first case is filed in Common Pleas court. So whoever files first basically wins because if City Council withdraws the shit out of the Code, then you win by default, or you win when the judge rules.

The City is not going to be sitting around and constantly handing out a lot of welfare checks--so whoever shows up first to file will likely get paid and after that you'll likely get nothing. Depending on how stubborn the Mayor and City Council are, a couple of more cases might make it in the door so long as they're attacking different illegal sections of the City Code. But I am going after the Big Mama.


I already got my lawyer conjuring up the complaint and we'll be the first people in the door the second HB80 becomes law.
Reply
#2
I'm actually confused.
Reply
#3
Emptymag;155268 Wrote:I'm actually confused.

He's counting chickens before they hatch. Wink
Reply
#4
Why does it sound like you're more interested in making a quick buck than you are about actually getting Philly to rescind their ordinance?
Reply
#5
streaker69;155270 Wrote:Why does it sound like you're more interested in making a quick buck than you are about actually getting Philly to rescind their ordinance?

Inquiring minds want to know
"Fighting for peace is like screwing for virginity"

goofin, proud to be a member of pa2a.org since Sep 2012.
Reply
#6
If Wolf is elected can he dismantle this?
das, proud to be a member of pa2a.org since Sep 2012.
Reply
#7
Don't you have to be arrested first for violating a firearms law in Philadelphia that violates Preemption?
[Image: pa_zps59e4c512.png?t=1379682235]
Reply
#8
streaker69;155270 Wrote:Why does it sound like you're more interested in making a quick buck than you are about actually getting Philly to rescind their ordinance?


There's no punitive damages allowed, pumpkin. My lawfirm though will happily bill the City for their efforts at destroying these illegal City Codes.

Philadelphia Patriot;155274 Wrote:Don't you have to be arrested first for violating a firearms law in Philadelphia that violates Preemption?

That's the fun part! No you do not. HB80 eliminated that dilemma. The City has been keeping these codes on the books and away from judicial scrutiny by simply not charging anybody underneath these codes. They were all passed as ways to pump up the electorate. When Nutter first came into office he pushed through a whole package of illegal shit, some of it saw challenges but the PPD and the Philly DA elected to not use any of the new charge codes added by Council legislation.

Why create an appellate issue you know a higher court is gonna slap down? Who needs that aggravation?

I am going after the assault rifle ban. If anyone else wants to start a suit over the illegal City Park carry ban, I'll leave that out of my suit and let someone else take that one on.

das;155272 Wrote:If Wolf is elected can he dismantle this?


Nope! Not when more than half of all the rural PA Democrats in the PA House voted for this.
Reply
#9
Will you be using that "hipster pro-gun, Philadelphia" lawyer?
[Image: pa_zps59e4c512.png?t=1379682235]
Reply
#10
P89;155269 Wrote:
Emptymag;155268 Wrote:I'm actually confused.

He's counting chickens before they hatch. Wink

streaker69;155270 Wrote:Why does it sound like you're more interested in making a quick buck than you are about actually getting Philly to rescind their ordinance?

I won't be monetarily benefitting---HB80 did not specify an instruction allowing courts to grant punitive damages. But recovery for legal costs is in there.

File this lawsuit with a lawyer who will agree to take this on contingency, which isn't hard given how generous HB80 is. There's no requirement to prove direct harm because it's presumed. This doesn't need to go through the criminal track--the point of HB80 was to use the civil track to stamp out these crazy quilt laws by filing a barrage of plaintiff suits aimed at the township councils and cities who pass them.

The next politician who pushes for another stupid illegal firearms ordinance will be faced with the embarrassment of paying out legal fees for another plaintiff's suit. No need to play this game of passing the law and then not enforcing it so you still look good to your peeps.

Philadelphia Patriot;155281 Wrote:Will you be using that "hipster pro-gun, Philadelphia" lawyer?

If you call him a hipster he's liable to shoot you. He wears Brooks Brothers jawn, yo. Hipsters don't do that shit.
Reply






Possibly Related Threads...
Thread Author Replies Views Last Post
  NRA loses Act 192 lawsuit in PA courts ArcticSplash 3 1,001 06-26-2015, 01:17 PM
Last Post: gascolator
  Tom Corbett only has himself to blame threadkiller 7 1,432 11-14-2014, 04:59 PM
Last Post: Brick
  Philly, Pittsburgh, Lancaster (and others) file suit regarding HB80 soberbyker 8 1,837 11-12-2014, 11:02 PM
Last Post: sgtsandman
  Philadelphia Settles in Class Action Lawsuit (good for us) jahwarrior72 21 2,451 08-02-2014, 10:27 PM
Last Post: Ten*K
  Thank you for contacting Governor Tom Corbett soberbyker 13 1,589 02-26-2013, 10:35 PM
Last Post: 5711-Marine



Users browsing this thread: 1 Guest(s)

Software by MyBB, © 2002-2015 MyBB Group.
Template by Modogodo Design.