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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 |
| Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. — James Madison, The Federalist Papers, No. 46 |
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