pa2a.org


Share Thread:  
Philly, Pittsburgh, Lancaster (and others) file suit regarding HB80
#1
https://ujsportal.pacourts.us/DocketShee...85+MD+2014

Quote:Daylin Leach, Minority Chairman of the
Senate Judiciary Committee and Senator
Representing the 17th Senatorial District,
Vincent J. Hughes, Senator Representing the
7th Senatorial District, Lawrence M. Farnese,
Senator Representing the 1st Senatorial District,
Cherelle L. Parker, Representative for the 200th House
District, Edward C. Gainey, Representative for the
24th House District, the City of Philadelphia, the
City of Pittsburgh, and the City of Lancaster,
Petitioners

v.

Commonwealth of Pennsylvania, Samuel H. Smith,
Speaker of the House of Representatives, James F. Cawley,
Lieutenant Governor of the Commonwealth of Pennsylvania,
and Thomas Wingett Corbett, Governor of the Commonwealth
of Pennsylvania,
Respondents
Reply
#2
I read the docket, what am I missing? It seems short on details.

Justin
[Image: pafoasig.png]
Reply
#3
JustinHEMI;156461 Wrote:I read the docket, what am I missing? It seems short on details.

Justin

http://philadelphia.cbslocal.com/2014/11...-measures/

http://www.phillymag.com/news/2014/11/10...w-gun-law/

The cliff notes:

They are going to claim the amendment that was attached to HB80 to strengthen the firearm preemption law in PA had nothing to do with the subject of the original bill and thereby unconstitutional.

I watched the proceeding on final concurrence and passage of HB80 and this was brought up on the floor then. A vote was taken and by the vote it was determined the amendment was in fact germane to the original bill.

This lawsuit is an attempt to get the court to determine otherwise.

Reply
#4
The preemption modification was attached as an amendment to a bill increasing the severity of grading/penalties for copper theft.

The state constitution requires that bills/amendments passed be of a 'single subject.

Quote: § 3. Form of bills.
No bill shall be passed containing more than one subject,
which shall be clearly expressed in its title, except a general
appropriation bill or a bill codifying or compiling the law or a
part thereof.
(May 16, 1967, P.L.1037, J.R.3)

Those filing the suit argue that preemption changes and the copper theft enhancements are not a 'single subject'.

Were I on a jury deciding such a question, I'd have to side with the challengers.
Reply
#5
Was it considered germane because both fall under Title 18?
Reply
#6
streaker69;156464 Wrote:Was it considered germane because both fall under Title 18?

I don't recall, but that may be it. There were so many who opposed the amendment going off on tangents about the hardship this would put on local governments, nothing to do with the question on the floor, it was hard to keep track, I do know a vote was taken and it came out in favor of the amendment.

I've watched our government many times on PCN and it's amazing anything ever gets done.
Reply
#7
I don't understand the problem with the NRA suing local/county governments over gun laws that violate state law, but the ACLU can sue governments (local, state, fed) over other laws and issues?

Recently the ACLU filed a lawsuit against Wisconsin and their voter ID laws.

Is the issue at hand the part forcing the local/county governments to pay the plaintiff's legal fees?
[Image: pa_zps59e4c512.png?t=1379682235]
Reply
#8
Philadelphia Patriot;156471 Wrote:I don't understand the problem with the NRA suing local/county governments over gun laws that violate state law, but the ACLU can sue governments (local, state, fed) over other laws and issues?

Recently the ACLU filed a lawsuit against Wisconsin and their voter ID laws.

Is the issue at hand the part forcing the local/county governments to pay the plaintiff's legal fees?

Notice how that case is captioned... "Frank vs. Walker" (Walker is the gov of Wisconsin). Non-profit interest groups have to find aggrieved parties who are the actual parties appearing before the court in suits.


What's interesting here is that the language of HB80 doesn't actually say that the NRA directly gets the right to sue as an aggrieved party. What IS VERY clear is that any NRA member living in Pennsylvania would bring standing for the NRA to sue on behalf of its Pennsylvania members who are aggrieved. And that's well within the jurisdiction of the courts to hear cases brought upon the court from those parties.

I don't think Commonwealth Court will issue a determination in time for Supreme Justice Castille to be sitting on the Supreme Court bench hearing the inevitable appeal.



This type of argument was being used by people angry over the Gaming Act legislation as it was a total text substitution. Anyone could easily argue that bills dealing with penal code and crime would be well within "same subject" since firearms law is almost always a penal matter, and this bill enhancing metal theft is similarly a penal matter. You can create a law legalizing pot and criminalizing heroin in the same bill and meet the PA constitutionality test, so this would also work here.

Commonwealth Court easily fucks up their rulings, so it's up to the PA Supremes to sort.



AND THANK GOD JUDGE SEAMUS MCCAFFERY IS GONE BEFORE HE EVER GETS TO SEE THIS.
Reply
#9
The anti gun municipalities just have their panties in a bunch because they cant do what they want and will find anything they can to fight it. It's only for these people to have gun toting body guards to protect them because they are our betters. "One for me and none for thee."
sgtsandman, proud to be a member of pa2a.org since Nov 2014.
Reply






Possibly Related Threads...
Thread Author Replies Views Last Post
nuke Philly GPU STILL Asking for References ArcticSplash 18 1,852 09-18-2015, 06:14 AM
Last Post: gnbrotz
nuke HB80 Passes - Corbett Will Sign! I'm Preparing a LAWSUIT ArcticSplash 59 8,579 11-09-2014, 01:33 PM
Last Post: gnbrotz
  Philly Councilman's "Peace Not Guns" Non-Profit Proved To Be a Fake ArcticSplash 6 1,400 06-01-2014, 08:57 PM
Last Post: Philadelphia Patriot
  Carry a gun in Philly? Make sure it's yours. Rik Bitter 11 2,051 03-19-2014, 08:29 AM
Last Post: bigdawgbeav
  Shootings by Philly police soar as violent crime plummets Jon Doe 6 1,149 05-23-2013, 06:39 PM
Last Post: Philadelphia Patriot



Users browsing this thread: 1 Guest(s)

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