Anti-Gun Dems DEFEATED, Again - Judge blocks city's new gun laws

http://www.philly.com/philly/news/20080417_Judge_blocks_citys_new_gun_laws.html

Thu, Apr. 17, 2008

Judge blocks city's new gun laws

A Philadelphia judge this morning temporarily blocked enforcement of a

package of five gun-control laws enacted last week by City Council.

Common Pleas Court Judge Jane Cutler Greenspan also said that the order

would remain in effect pending a further hearing April 28.

C. Scott Shields, the lawyer who filed the lawsuit for the National Rifle

Association, said an emergency order was needed to allow city gun shops to

know which guns they can sell.

The lawsuit was filed late Tuesday, just hours after District Attorney Lynne

M. Abraham told City Council members that she believed the gun-control

package was unconstitutional and that she would not enforce it.

Abraham said that as a lawyer and elected official, she was bound to obey

the Pennsylvania Supreme Court. In 1996, the court invalidated a city

ordinance to regulate assault weapons, ruling that the state legislature in

1994 passed a law specifically barring municipalities from regulating guns.

The state Supreme Court also dismissed on the same ground a 1999 move to

hold gun manufacturers liable for Philadelphia's toll of gun violence.

Abraham said she agreed with the intent of the city laws but added, "I know

that the ordinances are invalid and unenforceable according to the Supreme

Court of Pennsylvania."

But City Solicitor Shelley R. Smith told Council that "our analysis suggests

these laws are defensible . . . if we are sued in court."

Doug Oliver, Nutter's spokesman, said the city expected a lawsuit "sooner

rather than later."

"If a court of law is where we'll need to go to force a discussion about how

to make our city safe, then that's where we'll be," Oliver said. "As the

mayor said, doing nothing is not an option."

The lawsuit arose before the first arrest could be made. In addition to the

NRA, plaintiffs include the National Shooting Sports Foundation; the

Pennsylvania Association of Firearms Retailers; Colosimo's and Firing Line

Inc., two Philadelphia gun shops; and several individuals.

The five laws, introduced by Council members Darrell L. Clarke and Donna

Reed Miller, were passed unanimously last Thursday and Nutter signed them

the same day.

The laws:

Permit authorities to seek a judge's order to remove guns from people

declared to be a risk to themselves or others.

Ban people who are subject to a protection-from-abuse order from owning

guns.

Require gun owners to report to police theft or loss of a gun within 24

hours of the discovery.

Ban possession or sale of assault or contraband firearms within city limits.

Limit firearm purchases to one a month and require buyers to obtain a police

certification that they have not purchased another firearm within the

previous month.