September 29, 2008

Pennsylvania Rules Against Philadelphia - Again

On Friday, a Pennsylvania Commonwealth Court ruled once again that the City of Philadelphia did not have the right to past its own gun control ordinances.

Philadelphia has passed seven gun control laws since 2007. They have included a limitation on handgun purchases (one per month) and a requirement that owners report lost or stolen firearms or face criminal charges.

Each of those laws has required state legislature approval before passage. In each instance, they have been rejected. Consequently, members of the Philadelphia City Council went to Commonwealth Court, asking that court to validate those gun laws.

Instead, the Commonwealth Court concurred with several other opinions saying only the state has the power to regulate guns. Now, the City says it may appeal the verdict to the State Supreme Court.

Last April, the City Council passed a new set of five ordinances - without seeking state approval. Those were challenged by the NRA in Common Pleas Court. Two, an assault weapons ban and the one-gun-a-month law, were tossed out The three remaining laws, on requiring the reporting of lost or stolen guns within 24 hours, and two others restricting possession by anyone under a protection from abuse order or those "deemed to be a danger to themselves" are reportedly going to be enforced.

NRA attorneys say they will file an appeal later today to stay the city's enforcement efforts, citing last week's Commonwealth Court opinion. Subsequently, State Senator Michael Stack says he will introduce a bill this week that will require reporting of lost or stolen handgun statewide.