Pittsburgh poised to pass gun laws in violation of state pre-emption statute

[BillSWPA]

Here is an article describing their intent:

https://www.wtae.com/article/new-com...burgh/25585940

Here is a link to the bill the idiots on the city council appear ready to pass:

http://apps.pittsburghpa.gov/redtail...rm_Conduct.pdf

In addition to prohibiting so-called "assault weapons" and "large capacity magazines" (anything over 10 rounds), it also appears that it may prohibit concealed carry even with a concealed handgun license. The exceptions are listed as 18 P.S. 610(b)(1-10), which as best as I can determine, does not exist. Unless and until the language is corrected to reflect a statute that actually exists, we will not have any idea what the council intends to exempt.

All of this is of course a very clear violation of the state pre-emption statute, which is here:

https://www.legis.state.pa.us/cfdocs...n=20&subsctn=0

Although there is little doubt that if this actually becomes a city ordinance, anyone found in violation of this ordinance for something that is otherwise legal under state law could successfully challenge it. However, that does mean being arrested and paying a lawyer. While the vast majority of the judges I have met and argued before are reasonable people who will follow the law, any time a third party decision maker is involved, there is risk that things will not go as they should.

This should be taken into account if, for example, one is pulled over in Pittsburgh and would normally provide his concealed handgun license to the police officer or otherwise inform them of the firearm.

[joshs]

It’s a clear violation of PA preemption. More here:https://www.nraila.org/articles/2018...n-of-state-law

[RevolverRob]

Damn. I've always liked Pittsburg. Apparently, they've got the retards in their drinking water too...

[einherjarvalk]

§ 607.04 CARRYING OF OPERABLE FIREARMS PROHIBITED
A. No person shall carry in any vehicle or concealed or unconcealed on or about their person
except when on their land or in their abode or fixed place of business any firearm.

Maybe my translation is off, but that sounds like "if you take a gun out of your home, we're going to put you in jail," which in turns sounds like a pretty cut-and-dry lawsuit and overturned law for a multitude of reasons.

[HCM]

Maybe my translation is off, but that sounds like "if you take a gun out of your home, we're going to put you in jail," which in turns sounds like a pretty cut-and-dry lawsuit and overturned law for a multitude of reasons.

That is basically the way firearms law works on NJ. Outside your home or business any possession of a firearm is presumed illegal unless you meet one of the state’s exceptions.

Even if PA is in the same federal appeals circuit as NJ it’s a moot point as PA’s state preemption statute is clear.

The mayor of Pittsburgh made a big show of trying to keep President Trump from visiting in the wake of the recent synagogue shooting, the people enacting this law know it is illegal under PA’s preemption statute. They don’t care. They want to “send a message.”

My guess is this is either a preparatory move towards pushing for gun control at the state level in PA or it is typical “we have to do something” even if they something is illegal, illogical and futile.

[BillSWPA]

Gov. Tom Wolf has been calling for repeal of the state pre-emption law since he was elected, and is now pushing for this again. Anyone in PA will need to be vigilant, and write their state representatives in opposition to this.

[hufnagel]

I have some biting snark wrt this, but I'll hold on to it for now.

[TGS]

It’s a clear violation of PA preemption.

Go get'em, Josh!

[Guinnessman]

I have some biting snark wrt this, but I'll hold on to it for now.

Don’t hold back!

[blues]

Go get'em, Josh!

amen!