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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 |
| To trust arms in the hands of the people at large has, in Europe, been believed...to be an experiment fraught only with danger. Here by a long trial it has been proved to be perfectly harmless...If the government be equitable; if it be reasonable in its exactions; if proper attention be paid to the education of children in knowledge and religion, few men will be disposed to use arms, unless for their amusement, and for the defence of themselves and their country. — Timothy Dwight, Travels in New England and New York [London 1823] |
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