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PA: Pennsylvania Court Race Could Have Critical Impact
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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The Pennsylvania Supreme Court’s influence on issues involving gun control, same sex relationships and medical malpractice, to name a few, merits voters’ careful attention.
Though most public awareness of gun laws focuses on the national debate, the state supreme court defines the rights of Pennsylvanians in the first instance. In the 1996 case of Ortiz v. Commonwealth, for example, our Court decided that allowing municipalities, like Philadelphia, to enact their own gun control laws contradicted state law. The Court held that because the regulation of firearms affects the entire state, not just Philadelphia and Pittsburgh, the General Assembly—not city councils—should set gun regulations. |
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| To prohibit a citizen from wearing or carrying a war arm . . . is an unwarranted restriction upon the constitutional right to keep and bear arms. If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of constitutional privilege. [Wilson v. State, 33 Ark. 557, at 560, 34 Am. Rep. 52, at 54 (1878)] |
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