Results 1 to 8 of 8

Thread: Pennsylvania House passes gun-related bills.

  1. #1
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,155

    Pennsylvania House passes gun-related bills.

    The House voted 143-54 for a bill that would discourage local governments from imposing illegal gun restrictions by giving anyone whose rights are violated by such laws the ability to sue and recover legal fees, as well as reimbursement for any lost income.

    The Philadelphia-related bill passed 171-26. It would give prosecutors discretion to seek a two-year minimum sentence for people convicted of carrying a firearm they don't own or those who don't have a license or another legal right to carry it within the city limits.

    http://www.wtae.com/news/pennsylvani...bills/28976480
    Last edited by Nightmare; 10-08-2014 at 06:59 AM.
    I am responsible for my writing, not your understanding of it.

  2. #2
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    ... the lost income is nice (though in practice I don't see anyone winning that very much).

    The American rule is that unless a law says you can collect fees and costs then you are out of luck.

    However, there are exceptions ...

    - limited equitable exception to the rule
    - bad faith exception, as a punitive measure

    Everyone should be aware of these American Rule exceptions ... it might just save you some cash ... I always ask for costs and fees(when I use a lawyer, which is like never anymore)...
    Last edited by davidmcbeth; 10-08-2014 at 09:29 PM.

  3. #3
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Quote Originally Posted by Nightmare View Post
    <snip>

    The Philadelphia-related bill passed 171-26. It would give prosecutors discretion to seek a two-year minimum sentence for people convicted of carrying a firearm they don't own or those who don't have a license or another legal right to carry it within the city limits.

    http://www.wtae.com/news/pennsylvani...bills/28976480
    legal right to carry? isn't that almost everyone not behind bars?

  4. #4
    Regular Member
    Join Date
    Nov 2006
    Location
    Somewhere in PA
    Posts
    159
    Hmmm, my wife doesn't "own" any of my handguns, but PA law allows her to carry them since there is no transfer between spouses. The same thing goes for children-parents-grandparents. Plus, PA law allows a person to loan a handgun to another person if that person has a LTCF. So what is Philly going to do now?? According to Philly's new law, these handguns are "illegal" since they are not "owned" by the people carrying them, but PA law says the possession is legal!!!!

    Also, PA law says it is illegal to have a registry (aka ownership)!!!!
    Last edited by Steve in PA; 10-09-2014 at 11:15 PM.

  5. #5
    Regular Member F350's Avatar
    Join Date
    Mar 2012
    Location
    The High Plains of Wyoming
    Posts
    1,030
    Quote Originally Posted by Nightmare View Post
    The House voted 143-54 for a bill that would discourage local governments from imposing illegal gun restrictions by giving anyone whose rights are violated by such laws the ability to sue and recover legal fees, as well as reimbursement for any lost income.

    The Philadelphia-related bill passed 171-26. It would give prosecutors discretion to seek a two-year minimum sentence for people convicted of carrying a firearm they don't own or those who don't have a license or another legal right to carry it within the city limits.

    http://www.wtae.com/news/pennsylvani...bills/28976480
    "Lost wages" PFFFFT, law should say every "officer" involved is PERSONALLY liable to the victim for a sum no less than $50,000 and no more than $500,000, the city is liable for no less than $1,000,000 and no more than $10,000,000. Now that's teeth!!!
    Last edited by F350; 10-11-2014 at 01:45 AM.

  6. #6
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711
    Quote Originally Posted by davidmcbeth View Post
    ... the lost income is nice (though in practice I don't see anyone winning that very much).

    The American rule is that unless a law says you can collect fees and costs then you are out of luck.

    However, there are exceptions ...

    - limited equitable exception to the rule
    - bad faith exception, as a punitive measure

    Everyone should be aware of these American Rule exceptions ... it might just save you some cash ... I always ask for costs and fees(when I use a lawyer, which is like never anymore)...
    The federal civil rights act at 42 USC 1983, the federal equal access to justice act, and many state statutes, such as in Virginia re violating preemption statutes, , allow atty fee shifting in cases where the plaintiff substantially prevails.

  7. #7
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711
    Quote Originally Posted by Nightmare View Post
    The House voted 143-54 for a bill that would discourage local governments from imposing illegal gun restrictions by giving anyone whose rights are violated by such laws the ability to sue and recover legal fees, as well as reimbursement for any lost income.

    The Philadelphia-related bill passed 171-26. It would give prosecutors discretion to seek a two-year minimum sentence for people convicted of carrying a firearm they don't own or those who don't have a license or another legal right to carry it within the city limits.

    http://www.wtae.com/news/pennsylvani...bills/28976480
    What is the bill number of the "Philadelphia-related bill passed 171-26?\"??

  8. #8
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,155
    Quote Originally Posted by Mike View Post
    What is the bill number of the "Philadelphia-related bill passed 171-26?\"??
    From the clue "The sponsor, Rep. John Taylor, R-Philadelphia, noted the city has been plagued by gun violence and said anyone walking the streets with an illegal gun, "to me, that definition says criminal."


    House Bill 1091 P.N. 3193 of 2013 - 2014 Regular Session 11 Hits
    Prime Sponsor: Representative TAYLOR
    Introduced: April 2, 2013
    Last Action: Referred to JUDICIARY, Oct. 7, 2014
    Short Title Extract: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for the offense of carrying firearms

    http://www.legis.state.pa.us/cfdocs/...r=1091&pn=3193
    Last edited by Nightmare; 10-13-2014 at 06:46 AM.
    I am responsible for my writing, not your understanding of it.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •