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New gun laws won't apply! Susq county PA

2K views 13 replies 11 participants last post by  BCozhunter 
#1 ·
<a href="http://www.foxnews.com/politics/2013/03/01/pennsylvania-county-new-gun-laws-wont-apply-here/" rel="nofollow" target="_blank">Pennsylvania county: New gun laws won't apply here

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#9 ·
Pennsylvania has a preemption law so that the laws on the books are uniform across the state.

They work for gun owners when local governments try to restrict our rights.

Though I can appreciate the Susquehanna County ordinance, it ls likely illegal and will be overturned. State law is very clear on the issue. That is why local ordnance's on gun bans, possession, carrying, and other elements of the ongoing battle have been struck down in the courts.

As gun owners and supporters of the 2nd we need to realize that if we lose the preemption law, every local law will become a drawn out legal battle where results can go either way.

Therefore, it is incumbent on us to support the law and the spirit of the law and give the Susquehanna County commissioners a thumbs up - but insist they to abide by the law that mostly serves us, the lawful owning, law abiding gun owner and enthusiast in Pennsylvania.
 
#10 ·
Understood that State law trumps local ordinances. How do the preemption laws apply when it comes to Fed laws?

The resolution passed Wednesday says any new federal act, bill, law, rule or executive order that infringes on Second Amendment rights shall be "unenforceable" in the county.
 
#11 ·
Pennsylvania has a preemption law so that the laws on the books are uniform across the state.

They work for gun owners when local governments try to restrict our rights.

Though I can appreciate the Susquehanna County ordinance, it ls likely illegal and will be overturned. State law is very clear on the issue.
Just to be clear- the resolution was with respect to federal law, not state law. So if PA state law does not mirror any new federal laws, the preemption thingy is not relevant and the county can legally and with a clean conscience divorce themselves from the subject and say they don't want any part of it.

There is nothing that mandates state or local LE MUST enforce federal laws. We are seeing this before our eyes w/"legalization" in CA, CO, OR. Good for them. They are setting precedents that we can capitalize on.

IMO this is the correct approach and the only one that will work long-term. If enough states/counties tell the feds they can send in whatever LE they want to enforce federal law, but can expect ZERO assistance from state/local LE, it will send a very strong message. Mainly b/c the Feds don't have the manpower to enforce federal laws on their own. At least not now. This is why I get concerned about the rise of the American KGB, I mean DHS.

BH
 
#12 ·
According to the Commonwealth's Constitution of Pennsylvania: "The right of the citizens to bear arms in defence of themselves and the State shall not be questioned." (enacted 1790, art. IX, § 21).
So there is really no need for this law. That said this law follows in the scope of both Constitutions of the State and the National Constitution. Preemption laws were put in place for when the law tries to disregard/override standing state law or our freedoms given to us by birth right.
 
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