Pittsburgh is looking at bucking preemption again. The risk here is that we now have a Dem Supreme Court who has already demonstrated they have absolutely zero respect for the rule of law by, without having any lawful authority, usurped the legislature’s power to determine how legislative districts are drawn.
If they repeal preemption, which is plainly spelled out in law, and which has been previously upheld by several previous PA Supreme Courts, in my opinion they will have become an utterly lawless, tyrannical body, with no legitimacy that is worth anyone’s respect. No more than a criminal enterprise, acting under color of law.
Do the Dems keep wanting to raise the stakes?
12 thoughts on “This Could be a Play for Preemption”
It’s not about pondering “if”. The Left is above the law, and that Democrat Party Controlled Supreme Court that you guts have in Penn. WILL extrajudicially in typical leftwing, “progressive” fashion, repeal your State’s Preemption Laws from the books……..It’s happening whether you guys like it ir not. Bloomberg is probably putting $Cash under the table to your State Supreme Court as we speak.
When the wife and I were just College Students in NJ, being very active in the gun-culture world in our free-time, we always heard from PA Gunowners that “It’ll never happen here”…….looks like it’s gonna happen.
I am reminded of a Colorado Supreme Court decision quite old (early 1990’s?) which nullified the Colorado Constitution RKBA, in a ruling which upheld the Denver ban on so-called “assault weapons”. IIRC, the ruling was something like, any gun ban short of a total and complete ban on ALL guns did not violate the Colorado Constitution RKBA.
How did the Pennsylvania Supreme Court come to such a condition? Was it a lucky sequence of Democratic Governors given a chance to pack the Court?
Our Supreme Court is elected, then kept or kicked off by retention elections.
If the question is “Will judges who ran as democrats respect any constitution that goes contrary to Democratic party priorities” … well, I think we all know the answer …
The comments of the PA lawmakers at this publicity show today are even more comical. They outright admit the ordinance is and will be unenforceable so we NEED TO CHANGE THE LAW. So why advocate for a useless city ordinance they already acknowledge is unenforceable in plainly stayed English? Because in this new era, “thoughts and feels” just make it right and darn it we will keep agitating for it. Peduto even says the whole point of this fruitless effort is to advocate this in 100 cities across the country. Gee, that’s what I think is worth the time of a mayor.
And this is exactly the tactic we should take as well. Guerrilla tactics. It’s not even worth suing over since, just as the case was with the L&S bill, the PA Supreme Court won’t even take the case since Pittsburgh never enforced it against anyone.
There’s a county ordinance here regarding carry in parks. County council has been notified many times that it is an illegal ordinance since it violates preemption and has told us they know, but nothing is ever done to actually remove it from the books.
I’ve broken that law many, many times, and yet, we can’t seem to actually get the the ordinance removed.
This bit prettymuch lets the cat out of the bag, that yes. This is a hit against pre-emption.
“We simply cannot accept this violence as a normal part of American life. and now we can’t wait any longer,” Wolf said. The governor supports changes in state law to empower Pittsburgh and other local governments to act.
And the accessory ban is a gun banner’s dream.
As it has all the fears of what a /bad/ bumpstock ban would do.
Automatic Modification. An alteration to a semi
-automatic firearm accomplished through any combination of parts, components, attachments, or accessories, including but not limited to a
rapid fire device, that accelerates the rate of fire of a semi-automatic firearm.
And this gem where the /accessory/ ban bans any gun that “2. A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept
more than 10 rounds”
Oh and “5. A semi-automatic modification; ” is also banned. No elaboration. Just banned.
Sebastian/Bitter- can you fix this link? Its messing with the formatting on the page.
Peduto and Bloomberg are becoming best buds. About a week before the Tree of Life shooting, Bloomberg was here in Pittsburgh kicking over some money/resources to help fight ‘climate change’. Now, low and behold, we have some MDA stand-ins at the presser announcing this garbage.
This is why when my wife and I first relocated to the area my one condition on a house was that it was not in the city limits. Aside from crumbling roads, high taxes, and terrible schools, you always have to deal with a ruling class that is just itching to expand control over their little fiefdom.
What’s the most likely outcome from all this? We wait to see if they pass it, then sue the city to oblivion? We all know the public hearings preceding any vote will be a sham, so is there any possibility the council just shelves it realizing what they’re about to unleash on the city?
Its amazing the Governor of the Commonwealth is standing with someone who is saying they want to break the law. If only our laziest legislature this side of the Mississippi would have passed a proper preemption with teeth.
I doubt the legislature will remove preemption. But with the Courts who hate doing their job, who knows?
But this could be a good case to take up to the USSC to strike down these laws once and for all.
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