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The
Below Comments Relate to this Newslink:
PA: Court Reminds Local Governments They Lack Authority to Restrict Guns
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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A group, Firearm Owners Against Crime (FOAC), initially approached the Township to repeal the ordinance, based on state preemption. The Township declined, relying on its rights as a property owner and claiming the ordinance was consistent with the UFA preemption language because it only prohibited the unlawful possession of firearms in parks, allowing for possession with a “special permit.”
In the ensuing litigation challenging the validity of the ordinance, the Commonwealth Court of Pennsylvania, in a 2-1 decision, reversed a 2015 trial court decision and enjoined enforcement of the ordinance. Firearm Owners Against Crime v. Lower Merion Township, No. 1693 C.D. 2015 (Pa. Commw. Ct. Dec. 16, 2016). |
| Comment by:
PHORTO
(12/29/2016)
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| Yet there was still that ONE VOTE by a judge that obviously believes that progressive pragmatism trumps the state constitution and the law. |
| Comment by:
stevelync
(12/31/2016)
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| There needs to be some legal sanctions placed on local govts to remind them they have no authority to usurp state preemption laws. |
| Comment by:
stevelync
(12/31/2016)
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| There needs to be some legal sanctions placed on local govts to remind them they have no authority to usurp state preemption laws. |
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| QUOTES
TO REMEMBER |
| After having thus successively taken each member of the community in its powerful grasp and fashioned him at will, the supreme power then extends its arm over the whole community. It covers the surface of society with a network of small, complicated rules, minute and uniform, through which the most original minds and the most energetic characters cannot penetrate, to rise above the crowd. The will of man is not shattered, but softened, bent, and guided; men seldom forced by it to act, but they are constantly restrained from acting. Such a power does not destroy, but it prevents existence; it does not tyrannize, but it compresses, enervates, extinguishes, and stupefies a people, till each nation is reduced to nothing better than a flock of timid and industrious animals, of which the government is the shepherd. — Alexis de Tocqueville |
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