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Philadelphia Trying to Restrict the Second Amendment Again!
- Thread starter Rick H
- Start date
In light of a recent Pa. state supreme court decision affirming preemption in a matter involving a drug and narcotics issue where phila. oversteped their authority, Philadelphia counsel would be wasting their time even attempting to pass an ordinance going beyond the dictates of the uniform firearms act.
As far as preemption relating to state firearm laws, Ohio state supreme court recently affirmed the preemption laws in that state. This prescedent does not look good for the hacks that have run Phila. into the ground.
As far as preemption relating to state firearm laws, Ohio state supreme court recently affirmed the preemption laws in that state. This prescedent does not look good for the hacks that have run Phila. into the ground.
The CommonWealth of Pennsylvania Uniform Firearms Act Law 18 Pa.C.S. 6120 provides:
(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.
(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.