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Solving the Preemption Problem

Anyone who lives in Pennsylvania knows we’ve had a serious problem with local cities and towns bucking preemption. Florida passed a preemption law with real teeth, which provided for fines, recovery of attorneys fees, and even holding officials personally liable. Since then towns have been scrambling to get their illegal laws off the books. I’ve seen dozens of articles like this over the past few weeks, so I’m now inclined to suggest the Florida law is working quite well. Hopefully this will be a template for Pennsylvania in the future.

8 Responses to “Solving the Preemption Problem”

  1. Robb Allen says:

    Anyone who’s been following my blog knows I’m on this kick something fierce. My organization, Florida Carry, was neck deep in getting HB45 passed and while we didn’t get Open Carry, it is appearing that HB45 has been the crown jewel in legislation this past session.

    We need to hold those who we grant authority accountable for their actions. As this law shows, when they are personally held accountable, onerous laws and restrictions will be dropped like hot potatoes.

  2. Bryan S. says:

    I know there is legislation in the house to give our laws the teeth they need. We also need DAs that will press the charges.

    We also need this for knives in PA.

  3. Sebastian says:

    It’s going to be tough to find a DA that will press charges.

    I completely agree about knives. I’d also like to see the LTCF become an exception to certain weapons currently classified as offensive weapons.

  4. A bill has already been filed in the PA House (HB1523) by Rep. Metcalfe, with language similar to Florida’s.

  5. Chas says:

    Those Floridians are a bunch of wimps! Recovering attorney’s fees indeed! I see a way to make the Muslim loving leftists and the Obama White House happy, and to enforce preemption at the same time – Sharia Preemption! Forget about recovering attorney’s fees, if local government officials buck preemption, then they face amputations and beheadings! Shouldn’t be too hard to find a Mullah with a sharp knife who’s willing to take a hand and foot off of a politically correct, government leftista who tried to steal our rights. The wrongheaded ranks of MAIG might thin out fast after a few of them left the organization, rather quickly, by getting separated from their wrongheaded heads. After all, the liberals are always telling us that we must do what we can to accommodate other cultures. Optimist that I am, I think that there’s plenty of room for us to be more accommodating to the traditional ways of our Muslim brethren, particularly with regard to their time-honored, legal practices, and to celebrate the rich Muslim heritage of our dear leader, President Obama. Sharia Preemption – it is an idea whose time has come.

  6. JR says:

    Fail^

  7. Bryan S. says:

    OK, that was out of left feild.

    But preemption only works when we all both let the DAs office know we want it enforced, and let our state legislators know we do as well.

    IIRC, the violation is already a misdemeanor.

  8. Chas says:

    If I should ever have the misfortune to bump into Dennis Henigan, I’ll be sure to introduce him to my idea of Sharia Preemption. I’m sure that he would be horrified, but in return, I would be horrified by his being horrified.
    Surely, as a lawyer yourself, you’re not bigoted against Islamic legal tradition, are you, Dennis?
    The political left likes to show its “tolerance” by being supportive of Muslim requests for Sharia law. However, they don’t seem to realize it can cut both ways.

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