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PA Firearms Preemption, Now with More Teeth

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PA Firearms Preemption just got a boost with a new bill passed by House and Senate. It allows anybody that finds a local law (such as banning guns in a park) to have legal standing and to have their legal costs compensated if they must take legal action to correct it. House vote 138-54.

 

Honestly, I'm not sure if this sort of thing is a big deal in PA. Philly has or had a ban on assault weapons and you could still buy them at a police range. Because nobody is that stupid to try to enforce such an illegal law. But this issue has pissed off a lot of people that believe in rule of law and principle.

 

As usual, all the anti-gun groups are blaming the NRA for this. The NRA had nothing to do with it, also as usual.

 

So, score one for the good guys.

 

I think these threads go in this forum section - like the NY Safe Act Thread. I tried to put the last PA gun law update in General to avoid cluttering up this section, but apparently that was a mistake because it was moved.

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PA Firearms Preemption just got a boost with a new bill passed by House and Senate. It allows anybody that finds a local law (such as banning guns in a park) to have legal standing and to have their legal costs compensated if they must take legal action to correct it. House vote 138-54.

 

Honestly, I'm not sure if this sort of thing is a big deal in PA. Philly has or had a ban on assault weapons and you could still buy them at a police range. Because nobody is that stupid to try to enforce such an illegal law. But this issue has pissed off a lot of people that believe in rule of law and principle.

 

As usual, all the anti-gun groups are blaming the NRA for this. The NRA had nothing to do with it, also as usual.

 

So, score one for the good guys.

 

I think these threads go in this forum section - like the NY Safe Act Thread. I tried to put the last PA gun law update in General to avoid cluttering up this section, but apparently that was a mistake because it was moved.

Do you have a link?

 

All the Google searches just mentions the Senate passing it from a few days ago. I want to post the info on another site. Thanks

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Do you have a link?

 

All the Google searches just mentions the Senate passing it from a few days ago. I want to post the info on another site. Thanks

I do not. It just happened.

 

 

???

 

 

If your city passed a law that said all black people had to be rounded up and hung, would that be a legal law?

 

It's like that, but concerning preempted gun laws.

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I do not. It just happened.

 

 

If your city passed a law that said all black people had to be rounded up and hung, would that be a legal law?

It's like that, but concerning preempted gun laws.

Does this apply to NJ because the last time that I checked, the the whole "...bear arms..." part doesn't apply. Can we riot & loot yet? I need a Ninja blender.

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http://www.legis.state.pa.us/CFDOCS/billInfo/billInfo.cfm?syear=2013&sInd=0&body=H&type=B&bn=80

 

 

Do you have a link?

 

All the Google searches just mentions the Senate passing it from a few days ago. I want to post the info on another site. Thanks

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Does this apply to NJ because the last time that I checked, the the whole "...bear arms..." part doesn't apply. Can we riot & loot yet? I need a Ninja blender.

 

 

Ninja blender I think got banned last week.

 

 

And why the f does your shit always show up with this?

 

 

 

 

& No Brother Says Please

 

It's a 3%er thing, back from NWA common law. Also not applicable in Jersey, where you say, "Pretty please with sugar on top?" ;)

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???

Basically this:

 

State law is superior to local statute. It preempts it.

 

Not only that, but in PA it is and has been illegal for municipalities to pass ordinances or laws concerning firearms.

 

In law, you have to have standing to bring a lawsuit. That means in order to sue, you have to be directly affected by the law or statue.

 

This new law expands standing to those not directly impacted. So if town A passes a no firearms in the parks law, an organization, such as the NRA, could bring suit to repeal the law.

 

Additionally, the new law puts in place a "loser pays" clause in there. So if a town puts up an illegal statute, not only can they be sued to remove the statute, but they would have to pay lawyer fees for the complaining party.

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???

Like NJ's gun laws.  This it what boggles my mind.  We got all kinds of carry cases, permit times, illegal questions on forms, etc.  But why nothing to the root of ALL NJ gun law.

 

"POSSESSION OF A FIREARM IS ILLEGAL EXCEPT ....."

 

Which has already been ruled unconstitutional.  (MacDonald).  Why are all the "Gun Groups" dicking around with window dressing?

 

Can anyone answer that question?

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Like NJ's gun laws. This it what boggles my mind. We got all kinds of carry cases, permit times, illegal questions on forms, etc. But why nothing to the root of ALL NJ gun law.

 

"POSSESSION OF A FIREARM IS ILLEGAL EXCEPT ....."

 

Which has already been ruled unconstitutional. (MacDonald). Why are all the "Gun Groups" dicking around with window dressing?

 

Can anyone answer that question?

Because NJ gun groups are more worried about suing NH over their carry laws.

 

I agree, this should be challenged first.

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Like NJ's gun laws.  This it what boggles my mind.  We got all kinds of carry cases, permit times, illegal questions on forms, etc.  But why nothing to the root of ALL NJ gun law.

 

"POSSESSION OF A FIREARM IS ILLEGAL EXCEPT ....."

 

Which has already been ruled unconstitutional.  (MacDonald).  Why are all the "Gun Groups" dicking around with window dressing?

 

Can anyone answer that question?

Your asking for the Holy Grail of gun rights in NJ- a state 2A amendment such as PA,s. But NJ sees everything thru 3D, Democrats/Demographics/Dumbasses are what defines NJ and untill that changes(it won,t) the gun groups can do nothing else but dick around trying to hold the fort. Jeezus. we cant even get written permission to take a piss.....waaaaay too much bs to overcome.

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I'd just like to be able to pump my own gas like the 48 other states.

I hope you don't like to pay with cash. You have to wait in line to start pumping, and wait in line to get your change when you are finished.

 

If you use plastic it is a godsend to pump your own of course.

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I spent the first 18 years of my life living in PA, thanks.  I 've been pumping gas since 1st grade.  I think I can handle it.

Oh, you thought I said you were dumber than 320 million other people in our country, I see. Well, glad to hear you are not :p

 

I never doubted you were fully gas-pumper qualified.

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Basically this:

 

State law is superior to local statute. It preempts it.

 

Not only that, but in PA it is and has been illegal for municipalities to pass ordinances or laws concerning firearms.

And what of this?  http://www.phillymag.com/news/2014/10/01/marijuana-possession-civil-offense-in-philadelphia-decriminalized/

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I think he found a loophole:

 

"This isn't legalization, but most possession offenses have been turned into fines". 

 

​Which, BTW, the irony of treating people smoking cigarettes like hardened criminals boggles my mind. 

 

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Except for Philly's rules, right?

Two answers to that:

 

If Philly passed their own rules, they would be subject to this new law.

 

There are state laws that specifically call out "Cities of the first class" which means north of 1 million residents, so those laws are not impacted by this.

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