Shameless example of disregarding law

[bossy22]

It's time for Philadelphia leaders to understand that lawlessness by the city government is one of the many factors contributing to the city's culture of crime and violence. The lack of respect city officials have shown for the laws of Pennsylvania by passing illegal gun-control ordinances sets a tone for residents that honoring the rule of law is optional in this city.

When the City Council passed and Mayor Nutter signed a package of gun-control bills that limits the ability of law-abiding citizens to purchase and possess firearms, they brazenly declared themselves independent from the laws of the commonwealth. It didn't take long for the first suburb, Lower Chichester, to follow by unlawfully passing its own arbitrary gun-control laws.

Yet, what baffles me the most is that these leaders wonder where criminals get the idea that laws don't apply to them! Don't they see the example they set so publicly? The willful defiance has made headlines for weeks, reminding residents that the Council, mayor and police commissioner consider themselves to be above state law. Why shouldn't average citizens be as well?

District Attorney Lynne Abraham understands the rule of law, as do many police officers, who have voiced opposition to enforcing these measures they know to be illegal. They have reason to be concerned. If they knowingly enforce laws that have been previously declared illegal, they may be found liable in lawsuits. Those are lawsuits that they don't want to battle and the city can't afford to fight.

However, not to be stopped by the city attorneys, who actually have to stand in front of judges and argue the validity of the laws, Police Commissioner Charles Ramsey is encouraging the Council and mayor to ignore the legal advice against enforcing the ordinances. He was recently quoted arguing in favor of the illegal measures that "as far as I am concerned, the laws are valid, and we will act as if this whole conversation with the D.A. just didn't take place."

When the chief law-enforcement officer so shamelessly encourages city leaders to pretend they didn't hear legal advice from other officials, advice that could save thousands in taxpayer funds for litigation, it's time to question if he really has the best interest of the city in mind.

Lawful gun owners are not the problem, and our city leaders know it. They are in a better position than most to see the justice system turning criminals out to the streets, rather than putting them in prison. To solve the crime problems in Philadelphia and in other communities, leaders must be willing to embrace the rule of law, not blatantly sacrifice it for political points.

Until our elected officials learn to abide by the law, we gun owners will have to set an example. In what is only the first of many steps, gun-owner groups have filed for a temporary restraining order to prevent enforcement of the Philadelphia gun-control ordinances. Those of us who live in the city will continue to lawfully keep and bear our arms, waiting on the city to follow our lead in respecting the laws and constitution of the commonwealth of Pennsylvania.


http://www.philly.com/inquirer/opinion/20080422_Shameless_example_of_disregarding_law_.html

[Longtooth]

1. Yep, that is very disturbing indeed.

When Texas passed its' CHL laws there were several cities that decided to pass city ordnances restricting concealed carry in contradiction to state law. The state A.G. told the Governor that 1) city's could NOT pre-empt state law and 2) to allow a city to do this would set a dangerous precedent. The state gave cities a couple of weeks notice to repeal such ordnances or start facing 1) fines and 2) withholding of state funds and services. The cities complied post hast.

[spin]

2. Why give a new idea a chance to work...

After all the idea of letting the criminals run wild and terrorize honest citizens has worked rather well. There have been fewer murders in Philadelphia so far this year than in the last two years.

http://www.malcolmxpark.org/?p=1065
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Here's a really neat link to an integrative map that allows you to check out homicides in Philly in 2007. Breaks everything down and shows age, race, sex, time and weapon. (NOTE: anti-gunners will like this map because it shows that firearms kill much more often than knives. Pro-gunners might point out that "you never bring a knife to a gun fight". I kinda liked the fact that on 18 of 392 homicides were people who were 60+. Maybe I could live n Philly without too much worry.

http://inquirer.philly.com/graphics/homicide%5Fmap%5F2007/

The main page has plenty of other maps and info and stories about crime in Philly:

http://www.philly.com/inquirer/special/violence/

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Of course it might help to compare Philadelphia's crime rate to the nation average. Seems that murder rate is only 3.04 times the national average.

http://www.cityrating.com/citycrime.asp?city=Philadelphia&state=PA

And Philadelphia is not in the top 10 cities for the highest murder rates. It ranks #12.

http://www.geocities.com/dtmcbride/reference/murders_us_2003.html

If you live in a big city over 250,000 you can compare your crime rate (in 2006) with other big cities here:
http://en.wikipedia.org/wiki/United_States_cities_by_crime_rate


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In my research I found another fascinating map that shows crime rates in different countries. Strangely enough it shows Iceland as #1, England and Wales as #6, Canada as #10. The United States didn't even make the list! Who would have guessed.
http://www.mapsofworld.com/world-top-ten/countries-with-highest-reported-crime-rates.html

Another interesting Canadian crime story.

The finding is in contrast to American statistics that show homicide rates are highest in large urban areas. A University of Pennsylvania study shows that big American cities have nearly double the firearm homicide rate of most rural areas.

In Canada, the proportion of homicides committed with a firearm was again highest in rural areas, where a rifle or shotgun was the weapon of choice. In large and small cities, handguns were more common.

I guess the Canadians should try to eliminate all rifles and shotguns in rural areas.

http://www.cbc.ca/canada/story/2007/06/28/crime-stats.html

[jody]

3. Philadelphia leaders need to reread PA's constitution. It's very specific re RKBA.

Article 1
DECLARATION OF RIGHTS
That the general, great and essential principles of liberty and free government may be recognized and unalterably established, WE DECLARE THAT -

Inherent Rights of Mankind
Section 1.
All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.

* * * * * * * * * * * *

Right to Bear Arms
Section 21.
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

Note, PA's constitution differentiates between self-defense that is a personal responsibility and defense of state that is a militia responsibility.

Gun-grabbers eagerly ignore PA's constitution and want to ban handguns or semiautomatic firearms.

Exit polls show that 35% of the voters who voted in the Dem primary have a gun in their household and 63% of them voted for Clinton versus 37% for Obama.

See, EXIT POLLS: Pennsylvania, page 2

[Will E Orwontee]

4. The state constitution's RKBA provision is the . . .

fundamental reason these laws are illegal. The case against them grows from there . . .

The PA Uniform Firearms Code has a provision which forbids any lower political subdivision to enact their own gun laws:

18 Pa. Crim. Stat. §6120(a) -- "General rule. No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammuni­tion components when carried or transported for purposes not prohibited by the laws of this commonwealth."

Philadelphia has been slapped down repeatedly for enacting its own gun laws. Since, as Jody quoted, the state constitution secures the citizen's right to arms, any regulation of guns is the sole domain of the state legislature. The PA Supreme Court said in 1996:

"Because the ownership of firearms is constitutionally protected, its regulation is a matter of statewide concern. The constitution does not provide that the right to bear arms shall not be questioned in any part of the commonwealth except Philadelphia and Pittsburgh, where it may be abridged at will, but that it shall not be questioned in any part of the commonwealth. Thus, regulation of firearms is a matter of concern in all of Pennsylvania, not merely in Philadelphia and Pittsburgh, and the General Assembly, not city councils, is the proper forum for the imposition of such regulation.” -- Ortiz v. Commonwealth

The real purpose of these laws is not to actually have these particular laws enforced; it is to have them challenged and have the issue brought back before the PA Supreme Court.

In Pennsylvania we elect our judges, even those that sit on the Supreme Court and with the Democrats overwhelmingly being swept into office in the last election (including in the judiciary) the hope of Philly's City Council and Mayor is that left leaning judges will re-interpret the constitution, overturn Ortiz and "give" Philadelphia the power to enact its own laws.

The NRA's lawyer has pressed for the arrest of Mayor Nutter and City Council; the Uniform Firearms Code prohibition for cities is written into the criminal code right next to the hundreds of other offenses outlined in the UFC. The NRA lawyer's reasoning is the ratification of these bills and signing of these bills into law was a criminal offense. The DA said she has no intention of arresting them but the lawyer has said he will swear out a private criminal complaint.

The NRA did win the first round, an injunction was granted on April 17th, stopping the enforcement of these laws and any training / instruction of law enforcement on these laws. A hearing that was scheduled for this past Monday was rescheduled to May 19th to allow the city's legal team time to examine if they can challenge the NRA's standing in this matter.

[jody]

5. Welcome to DU and thanks for a well written, informative post on PA laws for RKBA.

:hi: