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HT to Grassroots PA:

City's New Gun Control Laws are Unconstitutional, Says Phila. DA
by KYW's Tony Hanson and Mike Dunn

Philadelphia DA Lynne Abraham says the city's newly enacted gun control laws are unenforceable.

At a hearing on Tuesday before City Council, Abraham said that in her opinion the laws passed last week (see related stories) are illegal and will be challenged as soon as the first person is charged under the new statutes.

And, she added, she thinks any defendant bringing a court challenge to the new laws would be successful.

The new laws include a requirement to report lost or stolen guns, and a one-per-person-per month limit on gun purchases.

Abraham agrees with state lawmakers that state law pre-empts the city in such matters and prevents any city in Pennsylvania from passing any such laws on its own.

When asked point-blank by a city councilmember if her office would enforce the new city gun control laws, she replied, "Nope." She warned that if police began making arrests under the new laws, the city could face a wholesale wave of civil rights lawsuits in response.

In reaction to DA Abraham's remarks before City Council, Mayor Nutter said he hopes to discuss the DA's position further with her, and he hopes that his law department can convince Abraham that the laws are defensible:

"Much more conversation (with the DA) needs to take place about this. I think that these are legitimate pieces of legislation."

And Nutter also hopes to convince Abraham that the legislation is needed:

"Clearly we need this kind of help and support, and I'm hopeful that the DA will be a partner with us."

The TrekMedic adds:

Welcome to the Commonwealth of Pensylvania, Mayor Nutter,...ALL 67 COUNTIES!