Monday, September 29, 2008

Philadelphia can't set own gun rules, says court

A Pennsylvania court has ruled that state law prohibits the City of Brotherly Love from passing its own gun control ordinances:
PHILADELPHIA — A state court ruled Friday that Philadelphia was not entitled to set its own gun laws, invalidating five measures passed by the City Council last year and striking a blow against the city’s efforts to strengthen gun control.

The Commonwealth Court dismissed a petition by two City Council members, Darrell L. Clarke and Donna Reed Miller, who filed suit last year arguing that the state’s Uniform Firearms Act did not pre-empt Philadelphia’s gun laws.
“While we understand the terrible problems gun violence poses for the city and sympathize with its efforts to use its police powers to create a safe environment for its citizens,” the five-judge panel wrote in a 21-page opinion, “these practical considerations do not alter the clear pre-emption imposed by the legislature.” The decision was by a vote of 4 to 1.

Article here.

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