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Thread: Can Philly do this?

  1. #1
    Campaign Veteran smellslikemichigan's Avatar
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    Can Philly do this?

    Johnson countered this, telling Phily.com that “the prohibition that city ordinances can't overcome as it relates to state legislation is primarily ownership, transfer of a firearm. This goes to manufacturing.” He assured that “We believe that if there is a challenge in the court system, it will be something we'll be able to defeat."

    http://reason.com/blog/2013/11/22/philadelphia-becomes-first-city-to-ban-3


    I thought PA had preemption on cities passing firearms laws.
    Last edited by smellslikemichigan; 11-22-2013 at 09:28 PM.
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    FUQ, please. (Fair Use Quote)
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

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    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  3. #3
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    Quote Originally Posted by smellslikemichigan View Post
    Johnson countered this, telling Phily.com that “the prohibition that city ordinances can't overcome as it relates to state legislation is primarily ownership, transfer of a firearm. This goes to manufacturing.” He assured that “We believe that if there is a challenge in the court system, it will be something we'll be able to defeat."

    http://reason.com/blog/2013/11/22/philadelphia-becomes-first-city-to-ban-3


    I thought PA had preemption on cities passing firearms laws.
    They are saying preemption only applies to Ownership, Possession, Transfer, or Transportation, not Manufacturing.

    18 PA. STAT. ANN. §6120 (2011)

    § 6120. Limitation on the regulation of firearms and ammunition

    (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.

    (a.1) No right of action.--

    (1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.

    (2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.

    (b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

    "Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.

    "Firearms." This term shall have the meaning given to it in section 5515(relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 ( relating to sale and use of air rifles).

    "Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.

  4. #4
    Regular Member Fallschirmjäger's Avatar
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    The way the legislation is written, you couldn't even use a 3D printer to create a set of grips or even a polymer Picatinney rail, because said grips Could Maybe Possibly be used to create a part of some unknown, unproduced 3D firearm.

    2002. Restriction on Use.
    No person shall use a three-dimensional printer to create any firearm, or any
    piece or part thereof, unless such person possesses a license to manufacture firearms
    under Federal law, 18 U.S.C. § 923(a).


    Funny thing, apparently no such prohibitions applies to creating one out of steel and wood or other substances. Go figure.

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    I don't think that they can limit how to manufacture guns ... you can build your own AR if you want

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    To WHOMEVER is Interested:

    Philadelphia has The Authority to Enact This Ordinance, notwithstanding Pennsylvania State Preemption Statute 18 Pa.C.S. 6120.

    The DEVIL is in The Details, Specifically:

    18 Pa.C.S. 6120(b) Provides: "Firearm"..., means that Term given to it under Section 5515...,

    18 Pa.C.S. 5515(a) Provides: "Firearm" Any Weapon which is Designed to or may Readily be Converted to Expel any Projectile by The Action of an Explosive; or The Frame or Receiver of such Weapon.

    Finding that Plastic Guns do NOT Discharge a Projectile by Action of an Explosive..., They do not Qualify as "Firearm" under 18 Pa.C.S. 6120.

    Therefore, since Plastic Guns do not Use an Explosive Action, it is Irrelevant to Consider if The General Assembly Intended to Include "Manufacturing" as a Part of The Field in which Philadelphia may not Regulate when it comes to Firearm Regulation.

    aadvark
    Last edited by aadvark; 11-25-2013 at 02:17 PM.

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    Quote Originally Posted by aadvark View Post
    To WHOMEVER is Interested:

    Philadelphia has The Authority to Enact This Ordinance, notwithstanding Pennsylvania State Preemption Statute 18 Pa.C.S. 6120.

    The DEVIL is in The Details, Specifically:

    18 Pa.C.S. 6120(b) Provides: "Firearm"..., means that Term given to it under Section 5515...,

    18 Pa.C.S. 5515(a) Provides: "Firearm" Any Weapon which is Designed to or may Readily be Converted to Expel any Projectile by The Action of an Explosive; or The Frame or Receiver of such Weapon.

    Finding that Plastic Guns do NOT Discharge a Projectile by Action of an Explosive..., They do not Qualify as "Firearm" under 18 Pa.C.S. 6120.

    Therefore, since Plastic Guns do not Use an Explosive Action, it is Irrelevant to Consider if The General Assembly Intended to Include "Manufacturing" as a Part of The Field in which Philadelphia may not Regulate when it comes to Firearm Regulation.

    aadvark
    The DEVIL is in The Details
    Yes, yes it is! How ironic.

    Did not read the Philly ordinance did you?
    Last edited by notalawyer; 11-25-2013 at 08:47 PM.

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    notalawyer:

    It looks like You are Right.

    The City of Philadelphia References The Same Definition of Firearm as under 18 Pa.C.S. 5155(a).

    ..., The Ordinance only Regulates The Manufacture of a 3-D Firearm though.

    aadvark

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    Quote Originally Posted by aadvark View Post
    notalawyer:

    It looks like You are Right.

    The City of Philadelphia References The Same Definition of Firearm as under 18 Pa.C.S. 5155(a).

    ..., The Ordinance only Regulates The Manufacture of a 3-D Firearm though.

    aadvark
    When is that ever not the case?

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