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Two of Nutter’s Laws Struct Down

Apparently Judge Greenspan ruled that two of the laws were illegal:

A Philadelphia judge yesterday sided with the National Rifle Association and struck down city ordinances banning assault weapons and limiting handgun purchases to one a month.

In a blow to the city’s attempt to write its own gun laws, Common Pleas Court Judge Jane Cutler Greenspan ruled that Philadelphia should be permanently prevented from enforcing the laws that City Council passed unanimously in April.

But Greenspan gave city officials a consolation prize by declining to strike down three other laws on procedural grounds, indicating that the NRA and other plaintiffs did not have legal standing to challenge those laws.

The laws that remain standing, for now:

The three laws Greenspan allowed to stand permit judges to remove guns from people declared to be a risk to themselves or others, prevent people subject to protection-from-abuse orders from owning guns, and require gun owners to report the loss or theft of a gun to police within 24 hours.

Oliver said the city would immediately begin to enforce the law requiring gun owners to report lost guns. He said the other two laws would require enforcement regulations.

Shields said it was only a matter of time, as the city attempted to enforce the laws, until the NRA would locate aggrieved parties who could act as plaintiffs.

This fight will continue.  Note that the judge didn’t allow the three laws to stand on merit, she allowed them to stand because the plantiffs in the case didn’t have standing to challenge them.  Standing is often used by courts when they want to dodge issues.  I’m not familiar with Pennsylvania’s standing doctrines, but I would suggest that the ruling makes sense by legal reasoning, even if we don’t particularly like the outcome.

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