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NRA Wins Again in Pennsylvania Court

Friday, June 6, 2008

This week, a Pennsylvania court sided with NRA and issued a permanent restraining order against two of the city of Philadelphia’s municipal gun control measures enacted in April.  The measures, banning so-called “assault weapons” and restricting handgun purchases to one per month, violate Pennsylvania’s state preemption laws, passed by the state legislature to maintain uniformity of gun laws. 

“We are pleased with the ruling, but we will continue fighting to protect Pennsylvania’s state preemption law,” said NRA-ILA Executive Director Chris W. Cox.  “The provisions struck down by the court were the backbone of the city’s plan, but there is still work to do.  NRA will continue to seek justice and freedom for the law-abiding citizens in the crime-ravaged city of Philadelphia.” 

On April 10th, Philadelphia’s city council passed a package of gun control bills that clearly violate state law and the state constitution.  Mayor Michael Nutter, in a show of defiance against the state legislature, signed the bills.  Philadelphia District Attorney Lynne Abraham warned the city council and mayor that their taxpayer-funded folly was unconstitutional, but the city decided to dedicate its resources to pursuing this foolish lawsuit anyway, rather than spending those resources on pursuing and prosecuting criminals. 

“Philadelphia has continually thumbed its nose at the Pennsylvania state legislature, while doing nothing to empower its own law-abiding constituents to protect themselves against the thugs and violent criminals the city won’t keep behind bars,” continued Cox. “The city should stop burdening its law-abiding citizens and start locking up criminals.” 

By April 17th, NRA had won a temporary injunction, and by June 3rd, the court had permanently enjoined the worst of those laws as preempted.  Three other provisions having to do with enforcement measures were sustained.  Appeals are forthcoming.
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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.