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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
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| Some writers have so confounded society with government, as to leave little or no distinction between them; whereas they are not only different, but have different origins ... Society is in every state a blessing, but Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one. — THOMAS PAINE |
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