Explore The NRA Universe Of Websites

Law for Thee But Not for Me: Pittsburgh Officials Defy DA’s Legal Advice in Gun Control Push

Friday, January 18, 2019

Law for Thee But Not for Me: Pittsburgh Officials Defy DA’s Legal Advice in Gun Control Push

Pittsburgh City Council member Corey O’Connor wants local residents to relinquish important aspects of their Second Amendment rights. If they refuse, he would have it cost them their liberty and treasure. But O’Connor himself apparently doesn’t believe he is bound by the law in making this happen, only that it’s permissible because he considers it “the right thing.”

This is the definition of tyranny, when public officials declare themselves above the law they would impose on the governed.

We recently reported on how anti-gun officials in Pittsburgh were pursuing a slate of far-reaching gun control measures, despite clear Pennsylvania statutes and legal precedent that reserve the authority to regulate firearms to the state legislature.

We also noted that local officials were under no illusions in this regard, with the state’s courts having repeatedly rebuffed the same sorts of politically-inspired grandstanding in the past.

And it’s not just us who think so.

Last week, the chief law enforcement officer of Allegheny County – District Attorney Stephen Zappala – warned the Pittsburgh City Council in a letter that their plan is not only illegal but likely criminal.

Zappala expressed his own sympathies for gun control as a policy matter but went on to state, “I believe that [the] City Council does not have the authority to pass such legislation.”

The letter continued:

I am certain that you have sought the legal advice of your Law Department as to whether 18 Pa.C.S. §6119 [prescribing criminal penalties for violations of the state’s firearm laws] would permit a criminal complaint to be filed against an individual member of Council who violates 18 Pa.C.S. §6120 [the state’s firearm preemption law] by voting to adopt these types of regulations. Likewise, I am sure you have discussed the due process implications of enacting any legislation reviewed by your Law Department, and found to be unconstitutional.

Zappala noted it would, in fact, be the duty of his own office to handle any criminal complaint that arose from such an allegation.

He then concluded with a final warning, reiterating “that the legislative effort needs to come from the General Assembly of the Commonwealth of Pennsylvania and that the legislation currently before Council, if passed, will be found unconstitutional.”

The purported author of the Pittsburgh legislation, Councilman Corey O’Connor, responded to the DA’s advisory with defiance, telling Newsradio 1020 KDKA, “we’re willing to take that fight … .”

O’Connor also indicated that not only would Pittsburgh continue to pursue the unconstitutional actions but would conspire with other anti-gun jurisdictions across the state in similar potentially criminal efforts.

“We’re doing what’s right for not only our city but we think this is what’s right across the country and nobody’s going to stop us from doing that,” O’Connor insisted to 1020 KDKA.

Words like that might sound stirring coming from a self-styled community activist promoting civil disobedience to counter perceived abuses by the authorities.

But when they come from the authorities themselves, they sound more like a system that has moved from a regime of laws to a regime of lawlessness. 

Pittsburgh’s gun owners – and perhaps gun owners in other Pennsylvania municipalities – may soon be fighting to vindicate their Second Amendment rights.

The National Rifle Association is already preparing to challenge these unlawful ordinances if they are adopted by the Pittsburgh City Council.  

 

TRENDING NOW
NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

Tennessee: Governor Lee Signs Legislation Protecting Financial Privacy of Gun Owners

Wednesday, April 24, 2024

Tennessee: Governor Lee Signs Legislation Protecting Financial Privacy of Gun Owners

Yesterday, Governor Bill Lee signed SB 2223/HB 2762, legislation that provides important financial privacy protections for gun owners when purchasing firearms, firearm parts, and ammunition. NRA would like to thank Governor Lee for signing this critical piece ...

California: DOJ Announces Proposed Rulemaking on Dealer Video Surveillance Requirements

Friday, April 26, 2024

California: DOJ Announces Proposed Rulemaking on Dealer Video Surveillance Requirements

On Friday, April 26th the California Department of Justice announced proposed rulemaking on the firearm dealer video surveillance requirements, that went into effect on January 1, 2024 as a result of Senate Bill 1384 (2022). Despite ...

California: Legislative Session Update

Friday, April 26, 2024

California: Legislative Session Update

Friday, April 26th marks the deadline for when all bills must advance from their first chamber policy committee if a fiscal committee referral is required.  Bills that have not passed out of their policy committee ...

Minnesota: Anti-Gun Bills Move Forward in the Legislature

Wednesday, April 24, 2024

Minnesota: Anti-Gun Bills Move Forward in the Legislature

Today, House File 601 and House File 4300 were passed in the House Ways and Means Committee and will be placed on the general register. The bills will penalize gun owners for failing to report a lost ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

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.