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Can Philly do this?

smellslikemichigan

smellslikemichigan

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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.
 
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notalawyer

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smellslikemichigan said:
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.
Click to expand...

They are saying preemption only applies to Ownership, Possession, Transfer, or Transportation, not Manufacturing. :uhoh:

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.
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Fallschirjmäger

Fallschirjmäger

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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.
 
A

aadvark

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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
 
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notalawyer

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Florida
aadvark said:
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
Click to expand...

The DEVIL is in The Details
Click to expand...
Yes, yes it is! How ironic.

Did not read the Philly ordinance did you?
 
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aadvark

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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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notalawyer

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aadvark said:
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
Click to expand...

When is that ever not the case?
 
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