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(File photo: guns confiscated by Phila. Police)

Posted: Thursday, 18 June 2009 3:01PM

Philadelphia's Gun Control Laws Struck Down by Penna. Court





by KYW's Mark Abrams

A Pennsylvania state state appeals court has struck down a series of gun laws passed last year by Philadelphia City Council (see previous story).
   
In a 6-1 decision, Commonwealth Court said the city cannot enforce an assault weapons ban or a law that prohibits "straw" purchases (purchases by one person on behalf of another who may be prohibited from purchasing a firearm), or a one-per-month limit on handgun sales.
   
The court said that only the state can pass gun laws.
   
The National Rifle Association had challenged the measures, which City Council passed in an effort to combat gun violence.
   
Scott Shields, a Media (Bucks County)-based attorney who filed the challenge on behalf of the NRA, says he expects that the city will appeal the ruling but will not prevail.

But city councilman Darrell Clarke, who was one of the authors of the measures, says it's not over yet. Next stop, the state Supreme Court:

"Hopefully, we'll get a much more favorable response from the Supreme Court."

But the NRA attorney says the city will not prevail because that court previously ruled that only the state legislature has the power to enact gun laws.

 


 
 
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