Issue date: 4/18/08 Section: News
Nutter's gun laws get shot down
Judge says city can't enforce gun measures under current law
Thomas Himes
Five gun-control measures unanimously passed by City Council and signed into law last Thursday by Mayor Michael Nutter have been met with heavy opposition throughout the past week.
The laws prohibit the possession of an automatic weapon within Philadelphia, limit the number of firearms an individual can purchase to one a month, mandate that owners of lost or stolen guns report the loss within 24 hours and ban persons with orders of protection against them from owning guns.
But opponents of gun control question the city's authority to regulate firearms. A 1996 decision by Pennsylvania's Supreme Court provided the state legislature with the sole authority to regulate the sale and possession of firearms.
The National Rifle Association has filed a lawsuit over the laws. In court yesterday, Common Pleas Judge Jane Cutler Greenspan ruled against Nutter and blocked enforcement of the laws.
"We got a temporary restraining order," said Gregory Isabella, owner of the South Philadelphia gun store Firing Line and a co-complainant in the NRA lawsuit.
District Attorney Lynne Abraham said this week that she could not enforce the laws.
But some say the state legislature's unwillingness to pass gun control measures may have prompted Nutter's decision.
Johnna Pro, a spokeswoman for State Representative Dwight Evans - who has been one of the strongest supporter of gun control in the state legislature - said Evans "is keenly aware that city residents and counsel are at their wits end and he's certainly not going to criticize Mayor Nutter or City Council."
Pennsylvania gun control advocates have been demanding action from the state legislature.
"We have a growing coalition of law enforcement and mayors from around the state who are urging the General Assembly to pass handgun control laws," said Joe Grace, executive director of CeaseFire PA.
Pro also criticized other state legislators for not moving forward with gun control measures.
"We need commonsense gun laws," she said. "Unfortunately we have legislators at the state House who are out of touch with what the public wants."
Nutter signed the measure into law 10 days after a bill that would require firearm owners to report a lost or stolen handgun was defeated in the Pennsylvania House of Representatives by a vote of 75 to 122.
The NRA and Nutter's office did not return calls for comment.
The laws prohibit the possession of an automatic weapon within Philadelphia, limit the number of firearms an individual can purchase to one a month, mandate that owners of lost or stolen guns report the loss within 24 hours and ban persons with orders of protection against them from owning guns.
But opponents of gun control question the city's authority to regulate firearms. A 1996 decision by Pennsylvania's Supreme Court provided the state legislature with the sole authority to regulate the sale and possession of firearms.
The National Rifle Association has filed a lawsuit over the laws. In court yesterday, Common Pleas Judge Jane Cutler Greenspan ruled against Nutter and blocked enforcement of the laws.
"We got a temporary restraining order," said Gregory Isabella, owner of the South Philadelphia gun store Firing Line and a co-complainant in the NRA lawsuit.
District Attorney Lynne Abraham said this week that she could not enforce the laws.
But some say the state legislature's unwillingness to pass gun control measures may have prompted Nutter's decision.
Johnna Pro, a spokeswoman for State Representative Dwight Evans - who has been one of the strongest supporter of gun control in the state legislature - said Evans "is keenly aware that city residents and counsel are at their wits end and he's certainly not going to criticize Mayor Nutter or City Council."
Pennsylvania gun control advocates have been demanding action from the state legislature.
"We have a growing coalition of law enforcement and mayors from around the state who are urging the General Assembly to pass handgun control laws," said Joe Grace, executive director of CeaseFire PA.
Pro also criticized other state legislators for not moving forward with gun control measures.
"We need commonsense gun laws," she said. "Unfortunately we have legislators at the state House who are out of touch with what the public wants."
Nutter signed the measure into law 10 days after a bill that would require firearm owners to report a lost or stolen handgun was defeated in the Pennsylvania House of Representatives by a vote of 75 to 122.
The NRA and Nutter's office did not return calls for comment.
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Viewing Comments 1 - 10 of 19
jeffreydavis
posted 4/18/08 @ 8:10 AM EST
Our legislators are not out of touch.
They are are corrupt. Dollars from the gun groups into their pockets speak louder than any bullets flying.
The only way to get the killing to stop is to start investigating the legislators who are being paid to enact or not enact bills by this private gun lobby. (Continued…)
bill b
posted 4/18/08 @ 2:55 PM EST
the only thing gun laws do is make it harder or stop law abiding citizens from purchasing guns. it does'nt stop criminals, because guess what, criminals don't abide by the law. (Continued…)
Matthew R. M.
posted 4/18/08 @ 3:36 PM EST
I think it was said best as "People who surrender freedoms for temporary security deserve neither." Does Philadelphia allow Carry Concealed weapons? Probably not. (Continued…)
Obama was right
posted 4/18/08 @ 5:42 PM EST
The old canard that if they outlawed guns then the only people who would have guns would be criminal is passed around by the gun crowd all the time.
These simpletons ignore the fact that most of the guns start out as legal purchases, then get sold to criminals. (Continued…)
Robert Peel
posted 4/19/08 @ 4:38 AM EST
I should also add that this whole debacle the Mayor instigated is not about gun control. The issue is much plainer than that.
State law is clear on this matter. (Continued…)
Children Should Be Armed
posted 4/19/08 @ 6:10 AM EST
I agree that not only should we all have the right to bear arms, we should all be required to bear them. Every man, woman, and child should be armed. (Continued…)
jim in pennsylvania
posted 4/19/08 @ 1:57 PM EST
This is the same NUT that supports the three ring circus.
This guy only on the job 90 days and wants to take pennsylvanias guns away from----- he want last long as a diddly stupid mayor in Philadelphia. (Continued…)
he looks like a beaver
posted 4/19/08 @ 2:42 PM EST
this beaver faced nutter is a real nut case
Bob Reynolds
posted 4/19/08 @ 10:58 PM EST
The following is a letter I sent to the Mayor and City Council of Philadelphia about enacting their own gun laws. Anna Verna is chairwoman of Council. (Continued…)
Democrats are on the loose!
posted 4/20/08 @ 1:02 PM EST
As the good sir Robert Peel has point'd out, Nutter is dangerous. He wants to create new gun laws and have sex with your girlfriend. Only we can stop him. (Continued…)
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