pa2a.org


Share Thread:  
Potential Pre-emption Violation- Philly trying to ban guns at Rec Centers
#1
http://philadelphia.cbslocal.com/2013/03...c-centers/

PHILADELPHIA (CBS) — City Council and the Nutter administration may soon be embroiled in a new debate over guns: whether they have the right to ban legally registered firearms from the city’s recreation centers and parklands.

“The Law Department’s opinion is that we are regulating who can come and what they can bring to city-owned properties and city facilities,” Resnick said. “It’s not necessarily the regulation of guns or firearms, so it’s not preempted by state law, but we’re regulating what can and cannot be brought into a city facility.”
Glock32, proud to be a member of pa2a.org since Oct 2012.
Reply
#2
YES!! Pass it so we can sue the livin shit out of you.
Reply
#3
ExcelToExcel;87245 Wrote:YES!! Pass it so we can sue the livin shit out of you.

Yes, but where would this law suit take place? In a Philadelphia courtroom? Would it ever escalate beyond the reach of Philly corruption? How far would it have to go, and how much would that cost?
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
Reply
#4
Quote:“It’s not necessarily the regulation of guns or firearms, so it’s not preempted by state law, but we’re regulating what can and cannot be brought into a city facility.”

As soon as you tell us we can't bring guns or firearms onto city property, get this, you're regulating our guns and firearms, idiot.


Curmudgeon;87250 Wrote:
ExcelToExcel;87245 Wrote:YES!! Pass it so we can sue the livin shit out of you.

Yes, but where would this law suit take place? In a Philadelphia courtroom? Would it ever escalate beyond the reach of Philly corruption? How far would it have to go, and how much would that cost?
Try as they might to shut down a lawsuit, would you not be able to appeal to the State Supreme Court eventually?

The last part of your question is the part that is most important...
When they come for my guns; It is not my right, at that point,
but my responsibility to respond in the name of liberty.
[Image: sig.jpg]
Reply
#5
Glock32;87214 Wrote:“The Law Department’s opinion is that we are regulating who can come and what they can bring to city-owned properties and city facilities,” Resnick said. “It’s not necessarily the regulation of guns or firearms, so it’s not preempted by state law, but we’re regulating what can and cannot be brought into a city facility.”

The little chip inside my brain that is responsible for parsing logic and making sense of it is beginning to heat up and smoke from the strain of trying to figure this bit of bureaucratic doublethink out.
gascolator, proud to be a member of pa2a.org since Nov 2012.
Reply
#6
gascolator;87253 Wrote:
Glock32;87214 Wrote:“The Law Department’s opinion is that we are regulating who can come and what they can bring to city-owned properties and city facilities,” Resnick said. “It’s not necessarily the regulation of guns or firearms, so it’s not preempted by state law, but we’re regulating what can and cannot be brought into a city facility.”

The little chip inside my brain that is responsible for parsing logic and making sense of it is beginning to heat up and smoke from the strain of trying to figure this bit of bureaucratic doublethink out.

Lol. Keep in mind that this is the same city Law Department that gave the go ahead a couple years back to the city's plan to pass their own gun laws. IIRC, it was a Philadelphia Common Pleas Court Judge that told them that most of those laws were illegal and the Philly DA refused to prosecute anyone arrested under the proposed laws.

Moral of the story: The Philly Law Department never learns, were likely last in their class at law school and probably just barely passed the bar exam.
Glock32, proud to be a member of pa2a.org since Oct 2012.
Reply
#7
Xavier;87252 Wrote:Try as they might to shut down a lawsuit, would you not be able to appeal to the State Supreme Court eventually?

The last part of your question is the part that is most important...

That was my point. Taking a case all the way to the PASC is neither cheap nor easy, except for the government. And they know this going in.

The time to put a stop to it is now.
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
Reply
#8
Thinking a bit more deeply about this, I suspect the Nutter Butter Peanut Butter Sandwich Cookie administration is crazy like a fox on this one.

They know very well they are preempted.

The other shoe will be the following rhetoric:

We wanted to move to keep children in Philadelphia Parks and Recreation after-school programs safe from a situation such as the one that occurred last year in Connecticut, but the State has blocked us from acting to do so!!!!

They will then move to either a) become exempt from preemption or b) eliminate it entirely. Likely (b) and then say they'll settle for (a) as a "city of the first class" just as they are now exempt from fully free open carry.
gascolator, proud to be a member of pa2a.org since Nov 2012.
Reply
#9
Curmudgeon;87250 Wrote:
ExcelToExcel;87245 Wrote:YES!! Pass it so we can sue the livin shit out of you.

Yes, but where would this law suit take place? In a Philadelphia courtroom? Would it ever escalate beyond the reach of Philly corruption? How far would it have to go, and how much would that cost?


Herein is the problem and the reason the city does what they do. Money and time, that's what's going to take, not bee stings but full on amputations.

Look at Philly's lost and stolen "law" they got away with it and other towns across the state followed with their own versions of the Philly law.

Reply
#10
Big, bold headline in the slimeball Philadelphia Daily News about this too.
MikeP, just an old guy that smells of garlic.
Reply






Possibly Related Threads...
Thread Author Replies Views Last Post
nuke Philly GPU STILL Asking for References ArcticSplash 18 1,944 09-18-2015, 06:14 AM
Last Post: gnbrotz
  State College Boro Council going to try to reimplement gun ban in parks Xringshooter 5 920 08-18-2015, 06:49 PM
Last Post: gascolator
  PA lawmaker seeks to ban human silhouette targets DeadEye 15 2,270 01-17-2015, 10:57 PM
Last Post: DeadEye
  Philly, Pittsburgh, Lancaster (and others) file suit regarding HB80 soberbyker 8 1,812 11-12-2014, 11:02 PM
Last Post: sgtsandman
exclamation Pennsylvania: Possible Pigeon Shooting Ban Amendment to House Bill 1750 IIIIIREPOIIIII 34 3,740 06-26-2014, 04:09 PM
Last Post: Mr_Gixxer



Users browsing this thread: 1 Guest(s)

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