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I Dare You Mike!

Michael Nutter claims he will be enforcing Philadelphia illegal gun laws:

At the first regular meeting of the new City Council yesterday, Council members Darrell L. Clarke and Donna Reed Miller introduced the same package of gun-control measures that languished last year while the state legislature refused to authorize them.

But these bills have a new wrinkle – they don’t call for state-enabling legislation. The previous bills were conditional on companion state laws in recognition of a 1996 Pennsylvania Supreme Court ruling that said cities could not enforce their own gun laws.

But Nutter, Clarke and Miller, frustrated by the repeated failure of gun-control measures in the legislature, now appear ready to do just that.

“If these bills pass and if I sign them, then I expect to enforce them,” Nutter said. “If you believe we can have a safer city by putting these measures in place, I think as good public servants we are compelled to take some type of action in the face of no relief coming from anywhere else.”

Go ahead Mayor Nutter. Enforce them against me. Please. I could use the money I’ll make from the giant lawsuit I promise I’ll slap the city with. Pennsylvania needs to reconsider its preemption statue if Mayor Nutter is serious about crossing this Rubicon. Not to weaken it, but to impose penalties on cities and local municipalities who violate it. We have the power to do this in the legislature, and I really hope that City Council does not really want to bring this issue to a head.

UPDATE: I love this quote:

Kairys said the city’s action could set up a test of a new Supreme Court, now under Chief Justice Ronald Castille, the former Philadelphia district attorney who promised to depoliticize the court.

If the court is truly depoliticized, then Castille will uphold state preemption.  That is not a matter of politics.  The city home rule charter does not give the city the power to contradict state laws, and preemption is a state law designed to protect an enumerated fundamental right protected by the Pennsylvania Constitution.  If Castille votes in favor of the city he will be breaking his promise, and will be actively politicizing the court.

19 Responses to “I Dare You Mike!”

  1. Joe Huffman says:

    As long as “the city” is paying the fines I doubt it will make much difference. The individuals involved in the violation need to be held responsible. Fortunately such a law exists. Unfortunately it doesn’t apply to a lot of situations, a Federal prosecutor must decide to enforce the law and is rarely enforced.

  2. Sebastian says:

    We have a few things in Pennsylvania that might apply, but the state AG would need to be willing to apply them. Fortunately, he’s thinking of running for governor next term, and he’ll need to do more for gun owners. Charging them under our Official Oppression statute would definitely win my vote!

  3. Nate says:

    How mad would Mike be if the city paid for a whole bunch of new “Deadly Assault Weapons” or the “Airplane Killer” .50 cal Barrett…hmmm makes me love carrying in Philly even more.

  4. straightarrow says:

    If Nutter and his minions do this, the city and county shouldn’t pay for anything except the costs of their long term incarceration.

  5. Laughingdog says:

    I agree with Straightarrow on this one. If they try to enforce these laws, violating citizens civil rights, KNOWING THAT THEY’RE ILLEGAL, they are committing a crime themselves.

    I wonder how they’ll enjoy federal prison after that?

  6. kaveman says:

    Can we all say together…”citizens arrest”

    I don’t know about your locality, but in mine, if I witness a crime, I have the authority to make a citizens arrest and hand they ass over to the cops. If enough people did this, maybe the cops( and the DA ) would stand up and take notice. Find them, follow them around and arrest them repeatedly.

  7. Sebastian says:

    What do you think will happen if you try to arrest a police officer who is trying to arrest you? Exactly how does that work?

  8. moose says:

    They’ll taze your ass until your hair stands on end and your gonads shrink.

  9. Nate says:

    It would be ideal to throw all lawmakers who defy the Constitution in the clink for life, but face it, IAH (It Aint Happenin’). I think a few big payouts, or even one big payout lawsuit against the city would slap their pee-pees enough to prove our point. Running around yelling citizens’ arrest at corrupt political figures will only concrete the anit’s ideas of us thinking we are a bunch of Wyatt Earp at the OK Corrall wanna-bee’s.

  10. moose says:

    That’s what you need to do hit them where it hurts in the pocketbook then they will knock off the nonsense.

  11. kaveman says:

    Hitting them in the pocket book won’t do much.

    They collect taxes.
    They get sued.
    They lose.
    Tax money goes to the victors.
    They collect taxes again and raise them to boot.

    In all honesty, my citizen arrest scenario was done tounge-in-cheek. But the central problem remains in this country for a range of issues.

    When you witness someone breaking the law, you call the cops. If you see a cop breaking the law, you call the FBI. If you see the FBI breaking the law, you call the Justice Dept. If you see the Justice department break the law, you call on Congress or the Executive branch. If the congress and the Executive branch is chock full of people who break the law and then brag about.

    Who do you call next?

    The people…

  12. moose says:

    I forgot about the scam of raising taxes, fees and what ever else they can when they loose the lawsuit. …Man is not free unless government is limited. There’s a clear cause and effect here that is as neat and predictable as a law of physics: As government expands, liberty contracts.”
    Ronald Reagan

  13. kaveman says:

    This guy might provide a clue as to what to do to Nutter. Or it might just be good for a laugh…

    http://www.thesmokinggun.com/archive/years/2008/0118081def1.html

  14. joated says:

    Nutter (I love that name!) needs to get his head out of his ass, bring the police force up to strength and go after the scumbags that are currently violating every gun law Pennsylvania has on the books–namely the gang members who follow no law but that of the ‘hood.

    Writing, passing and enforcing “new” city only laws is illegal. And, Sebastion, I’d like to see him try to enforce ’em. Gives “make my day” a whole ‘nother meaning.

  15. straightarrow says:

    the truth is that there is nothing that will be done through legal channels.

    The mayor has admitted to conspiracy to perform illegal acts, he has even named his co-conspirators. A felony has been committed already.

    Do you see anyone at any level of government or law enforcement arresting them? NO! and you won’t.

  16. straightarrow says:

    I doubt it would do much good, but shouldn’t we be pushing the state of Pa. to pursue these admitted felons? that is where you need to apply pressure on those people who need your votes to continue to avoid honest work.

  17. Sebastian says:

    Depending on where they take this, I think it might make sense to ask the Attorney General for the state to do something. We have a statute that makes “official oppression” a crime. Meaning that government officials aren’t allowed to use their office to violate the rights of Pennsylvanians.

  18. Sebastian says:

    Unfortunately, someone has to get oppressed first.

  19. straightarrow says:

    Not on conspiracy charges. A conspiracy to commit only a misdemeanor is still a felony. Conspiracy is the key to this if the state’s AG intends to uphold the law.

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