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Philly Preemption Lawsuit Update

Thanks to reader Jack, we have an update on the lawsuit by the City of Philadelphia to overturn state preemption through the court system, talked about several months ago here.

Bochetto said some things have changed since [the 1996 ruling upholding preemption], including the recent increase in Philadelphia’s gun violence. Also, the state Supreme Court recently ruled the city can impose its own rules when it comes to campaign finance.

And three justices who issued the 4-0 decision in 1996 have since left the court.

“I’m playing Texas Hold ‘Em — of my seven cards, I now get six new cards,” Bochetto said.

Clarke and Miller first sued in Philadelphia Common Pleas Court in July, but the case was later transferred to Commonwealth Court, where disputes between Pennsylvania governmental bodies often end up. The March 12 hearing concerns whether the case should be thrown out or allowed to continue.

So basically, the City is just going to keep playing poker with your rights until they get a winning hand, and gun owners in or near Philadelphia lose.  I sincerely hope that Commonealth Court throws this case out based on the Ortiz precedent, and this stops here.  The law is not a card game, and preemption in Pennsylvania is well established.

One Response to “Philly Preemption Lawsuit Update”

  1. straightarrow says:

    Hopefully it will be dismissed with prejudice, meaning this action cannot be brought again by this plaintiff.

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