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View Full Version : District Attorney Says New Gun Control Laws Unconstitutional


lngnmn
October 19, 2008, 19:57
But Police commissioner and mayor are going to enforce them anyway!

"I cannot, as a matter of law, arrest people for illegal possession of guns," Philadelphia District Attorney Lynne Abraham said.

"If there are wholesale arrests which turn out to be illegal, this city is going to get its pants sued off them," Abraham said.

Nutter has given Police Commissioner Charles Ramsey the green light to enforce the new laws

http://www.nbc10.com/news/15888179/detail.html?rss=phi&psp=news

What is most disturbing is that the police are still going to wrongfully arrest and harass citizens knowing that there is no legal right for them to do so.
Why can't charges be brought against them for conspiracy to violate the civil rights of the citizens?
It is a crime for even gov. officials to conspire to violate the constitutional rights of the citizens, right? 18USC241.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+18USC241
What are your opinions.

renaissance_warrior
October 19, 2008, 20:15
They must have deep pockets or very bad lawyers, sounds like both . As a taxpayer, I'd be up in arms, literally.

Tsm002
October 20, 2008, 14:41
http://i235.photobucket.com/albums/ee113/buttney_new/nutterbutter_small.jpg

LOL nutter.

AndyC
October 20, 2008, 18:51
Dude - that dates back to April. You got anything fresher?

lngnmn
October 20, 2008, 19:13
"Dude - that dates back to April. You got anything fresher?"

I didn't say it was new!
My concern is the fact that a city mayor and police dept. choose to enforce an unconstitutional ordnance. As far as I know it's still being used to harass people of that city. Are you ok with it because they've been doing it for half a year?

justashooter
October 21, 2008, 11:02
i think they have been persuaded to change their stance, since then.

AndyC
October 21, 2008, 16:46
Originally posted by lngnmn
I didn't say it was new!
My concern is the fact that a city mayor and police dept. choose to enforce an unconstitutional ordnance. As far as I know it's still being used to harass people of that city. Are you ok with it because they've been doing it for half a year?
First, don't use a strawman argument - I certainly didn't say or even imply that it was ok - I said that it was old, and there have been developments since then - here's one example that's only a month old:

Philadelphia Can’t Set Gun Laws, Court Rules (www.nytimes.com/2008/09/27/us/27gun.html)

Published: September 26, 2008

PHILADELPHIA — A state court ruled Friday that Philadelphia was not entitled to set its own gun laws, invalidating five measures passed by the City Council last year and striking a blow against the city’s efforts to strengthen gun control.

The Commonwealth Court dismissed a petition by two City Council members, Darrell L. Clarke and Donna Reed Miller, who filed suit last year arguing that the state’s Uniform Firearms Act did not pre-empt Philadelphia’s gun laws.

The two council members had also argued that the state legislature had created a “state of danger” for Philadelphia residents by their continued refusal to pass measures sought by gun-control advocates.

“While we understand the terrible problems gun violence poses for the city and sympathize with its efforts to use its police powers to create a safe environment for its citizens,” the five-judge panel wrote in a 21-page opinion, “these practical considerations do not alter the clear pre-emption imposed by the legislature.” The decision was by a vote of 4 to 1.

For what it's worth, I'm on the same side as far as our rights are concerned.