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The Inevitable Lawsuit Against Preemption Enhancement

I had mentioned before there were issues with germaneness with the preemption enhancement bill, so it’s not surprising to see that a lawsuit has been filed to challenge the law on that issue. Note that having to take this more risky route to pass preemption enhancement wouldn’t have been necessary if it weren’t for intransigence in the part of the GOP leadership of the Senate.

It’s worth noting that there has not been a single prosecution under the numerous “Lost and Stolen” laws that have been illegally passed by municipalities around the Commonwealth, including Philadelphia and Pittsburgh. This is despite the leaders of these cities telling us these laws were critical crime fighting measures. None of this is surprising. The City of Philadelphia hardly ever prosecutes gun violations. They are typically add on crimes that get plead away, or in most cases, the cities just refuse to prosecute. Any city leader in Pennsylvania claiming to need these laws need to explain why they aren’t using the ones they already have. How are more going to help? And maybe since you aren’t using the existing ones, we ought to take those away too.

5 Responses to “The Inevitable Lawsuit Against Preemption Enhancement”

  1. rd says:

    This suit sounds very similar to the (unfortunately) successful suit that temporarily overturned and held up the MN License to Carry law. Too much depends on the judge, and his/her biases.

  2. Renegade_Azzy says:

    I was told I was too negative and that this was a win. No matter who does it, its slimy and easily fought in a court.

  3. Dave says:

    honestly it sounds like a bit of a set up to me. Germaneness is a commonly understood parliamentary rule ( where I live too ) and any bill getting passed with non-germane topic matter seems like it would take a lot of planning… hmm…

    Any serious lobbyist would also know better than to consider a non-germane add on to be a success. So how is it that allegedly pro-gun PA General Assembly passes only one good gun bill, and it has a glaring parliamentary flaw?

    • Chris from AK says:

      This lets GOP’ers in pro-gun districts tout their pro-2A credentials. It lets GOP’ers in suburbia claim that they were arm-twisted into voting for it as the base bill was a “must pass.” And it lets the courts throw out the enhanced pre-emption using the bulletproof logic of “BECAUSE GUN!” So everyone wins. Except people with LTCFs.

  4. HSR47 says:

    The question at this point is who is now responsible to fight to uphold the constitutionality of this statute?

    Kane? The legislature?

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