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http://www.policeone.com/police-products/firearms/articles/1684853-Philly-D-A-calls-gun-laws-unconsitutional-wont-prosecute-them/
April 16, 2008
Philly D.A. calls gun laws unconsitutional, won't prosecute them
By Catherine Lucey
The Philadelphia Daily News
PHILADELPHIA — District Attorney Lynne Abraham yesterday told City Council that local gun legislation signed into law last week by Mayor Nutter is unconstitutional.
She later explained that state law does not permit Philadelphia to enact local gun laws.
"Until or unless the Supreme Court tells me otherwise, I'm obligated to follow the law the Supreme Court has annunciated," Abraham said.
The state Supreme Court in a 1996 ruling declared that only the General Assembly has the power to regulate guns.
But Nutter last week signed a package of five gun bills passed unanimously by City Council. The laws limit handgun purchases to one a month, make it a crime not to report lost or stolen guns in 48 hours, allow police to confiscate guns from people considered a danger to themselves or others and ban semiautomatic weapons with clips that hold more than 10 rounds.
Nutter said that he planned to start enforcing the laws immediately, except for the one-gun-a-month bill, which will take six months.
But Abraham was skeptical about the enforcement plans.
"If there are wholesale arrests which turn out to be illegal, this city is going to get the pants sued off them," Abraham said.
Asked later for details on how she would proceed if someone is charged under the laws, Abraham said that she wanted to talk with Nutter first.
Nutter yesterday said that he hopes to convince Abraham that the laws are legit.
"Much more conversation needs to take place about this," he said. "I think that these are legitimate pieces of legislation."
Councilman Darrell Clarke, who co-sponsored the legislation, expressed frustration with Abraham's position.
"The troubling thing is that we want to send from Philadelphia a unified message," he said. "Her posturing seems to give ammunition to our opponents."
Later, asked about Abraham's remarks to Council, City Solicitor Shelley Smith said that her department determined that "there is a reasonable argument to be made that the laws . . ." do not conflict with state law.
But she confirmed that the city could be sued over them.
"The fact . . . is that our analysis suggests that these laws are defensible," Smith said. "If a jury were to find otherwise, there's no opinion that I can issue that would stop that from happening."
Ultimately, she said, the issue will be decided by the state Supreme Court, which has the final say.
"The Police Department will enforce the laws as they exist," Smith said. "The question of whether or not the district attorney will prosecute is a question for the district attorney."
Also yesterday, the National Rifle Association took on the gun laws in Common Pleas Court.
The NRA, along with two pro-gun groups, two gun shops and four individuals, yesterday requested a temporary restraining order to immediately stop the enforcement of the laws, while the court considers their request for a permanent injunction.
Daily News reporter Chris Brennan contributed to this report.
Copyright 2008 The Philadelphia Daily News
[line]
I apologize if this has been posted elsewhere.
http://www.policeone.com/police-products/firearms/articles/1684853-Philly-D-A-calls-gun-laws-unconsitutional-wont-prosecute-them/
April 16, 2008
Philly D.A. calls gun laws unconsitutional, won't prosecute them
By Catherine Lucey
The Philadelphia Daily News
PHILADELPHIA — District Attorney Lynne Abraham yesterday told City Council that local gun legislation signed into law last week by Mayor Nutter is unconstitutional.
She later explained that state law does not permit Philadelphia to enact local gun laws.
"Until or unless the Supreme Court tells me otherwise, I'm obligated to follow the law the Supreme Court has annunciated," Abraham said.
The state Supreme Court in a 1996 ruling declared that only the General Assembly has the power to regulate guns.
But Nutter last week signed a package of five gun bills passed unanimously by City Council. The laws limit handgun purchases to one a month, make it a crime not to report lost or stolen guns in 48 hours, allow police to confiscate guns from people considered a danger to themselves or others and ban semiautomatic weapons with clips that hold more than 10 rounds.
Nutter said that he planned to start enforcing the laws immediately, except for the one-gun-a-month bill, which will take six months.
But Abraham was skeptical about the enforcement plans.
"If there are wholesale arrests which turn out to be illegal, this city is going to get the pants sued off them," Abraham said.
Asked later for details on how she would proceed if someone is charged under the laws, Abraham said that she wanted to talk with Nutter first.
Nutter yesterday said that he hopes to convince Abraham that the laws are legit.
"Much more conversation needs to take place about this," he said. "I think that these are legitimate pieces of legislation."
Councilman Darrell Clarke, who co-sponsored the legislation, expressed frustration with Abraham's position.
"The troubling thing is that we want to send from Philadelphia a unified message," he said. "Her posturing seems to give ammunition to our opponents."
Later, asked about Abraham's remarks to Council, City Solicitor Shelley Smith said that her department determined that "there is a reasonable argument to be made that the laws . . ." do not conflict with state law.
But she confirmed that the city could be sued over them.
"The fact . . . is that our analysis suggests that these laws are defensible," Smith said. "If a jury were to find otherwise, there's no opinion that I can issue that would stop that from happening."
Ultimately, she said, the issue will be decided by the state Supreme Court, which has the final say.
"The Police Department will enforce the laws as they exist," Smith said. "The question of whether or not the district attorney will prosecute is a question for the district attorney."
Also yesterday, the National Rifle Association took on the gun laws in Common Pleas Court.
The NRA, along with two pro-gun groups, two gun shops and four individuals, yesterday requested a temporary restraining order to immediately stop the enforcement of the laws, while the court considers their request for a permanent injunction.
Daily News reporter Chris Brennan contributed to this report.
Copyright 2008 The Philadelphia Daily News
[line]
I apologize if this has been posted elsewhere.
