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happyslug

(14,779 posts)
14. This law is one paragraph in a law otherwise directed at metal thieves..
Fri Oct 24, 2014, 11:22 AM
Oct 2014

Wording of the Paragraph in question:

§ 6120. LIMITATION ON THE REGULATION OF FIREARMS AND AMMUNITION.
....

(A.2) RELIEF.--A PERSON ADVERSELY AFFECTED BY AN ORDINANCE, A RESOLUTION, REGULATION, RULE, PRACTICE OR ANY OTHER ACTION PROMULGATED OR ENFORCED BY A COUNTY, MUNICIPALITY OR TOWNSHIP PROHIBITED UNDER SUBSECTION (A) OR 53 PA.C.S. § 2962(G) (RELATING TO LIMITATION ON MUNICIPAL POWERS) MAY SEEK DECLARATORY OR INJUNCTIVE RELIEF AND ACTUAL DAMAGES IN AN APPROPRIATE COURT.

(A.3) REASONABLE EXPENSES.--A COURT SHALL AWARD REASONABLE EXPENSES TO A PERSON ADVERSELY AFFECTED IN AN ACTION UNDER SUBSECTION (A.2) FOR ANY OF THE FOLLOWING:

(1) A FINAL DETERMINATION BY THE COURT IS GRANTED IN FAVOR OF THE PERSON ADVERSELY AFFECTED.

(2) THE REGULATION IN QUESTION IS RESCINDED, REPEALED OR OTHERWISE ABROGATED AFTER SUIT HAS BEEN FILED UNDER SUBSECTION (A.2) BUT BEFORE THE FINAL DETERMINATION BY THE
COURT.


http://www.legis.state.pa.us/cfdocs/legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2013&sessInd=0&billBody=H&billTyp=B&billNbr=0080&pn=4318


Later on the Law then defines who is someone "Adversely Affected:

"PERSON ADVERSELY AFFECTED." ANY OF THE FOLLOWING:

(1) A RESIDENT OF THIS COMMONWEALTH WHO MAY LEGALLY POSSESS A FIREARM UNDER FEDERAL AND STATE LAW.

(2) A PERSON WHO OTHERWISE HAS STANDING UNDER THE LAWS OF THIS COMMONWEALTH TO BRING AN ACTION UNDER SUBSECTION (A.2).

(3) A MEMBERSHIP ORGANIZATION, IN WHICH A MEMBER IS A PERSON DESCRIBED UNDER PARAGRAPH (1) OR (2).


This is the deadly part of the law, all the NRA needs is anyone in the STATE who may legally possess a firearm, not a resident of the municipality or county in question.

Recommendations

0 members have recommended this reply (displayed in chronological order):

That's insane, Suich Oct 2014 #1
No, not just you Sugarcoated Oct 2014 #2
The law is only about standing to sue. branford Oct 2014 #4
Actually it looks to me Sugarcoated Oct 2014 #17
written as someone who has never been sued dsc Oct 2014 #19
I agree with you Sugarcoated Oct 2014 #21
You really didn't address my point. branford Oct 2014 #20
What I see Sugarcoated Oct 2014 #22
So you think it's a good idea to have every county/city/town within a state to make it's own GGJohn Oct 2014 #24
If this isn't the NRA and gun extremists Sugarcoated Oct 2014 #25
It's an attempt to get uniform laws across the state and not make more criminals GGJohn Oct 2014 #27
If that's the case, then I'm not opposed to that Sugarcoated Oct 2014 #50
The new PA law changes absolutely nothing about current gun restrictions or safety. branford Oct 2014 #26
I support common sense gun safety laws Sugarcoated Oct 2014 #42
That's fine, and you're certainly welcome to advocate any position you wish. branford Oct 2014 #46
I stopped reading after the first line of your post Sugarcoated Oct 2014 #48
no sense arguing with a hell-bent gunner. notrightatall Oct 2014 #51
Sure seems that way, doesn't it? Sugarcoated Oct 2014 #52
Odd. They would have to sue in state court because a plaintiff who has been harmed is a requirement merrily Oct 2014 #3
Standing has been a constant issue in the law happyslug Oct 2014 #13
These GunNutters are going to be the death of this country. SoapBox Oct 2014 #5
Another ALEC plot? SoapBox Oct 2014 #6
Insanity. blkmusclmachine Oct 2014 #7
Gun laws or any laws more restrictive than state law? Downwinder Oct 2014 #8
"without having to find actual plaintiffs who can demonstrate that they've been harmed by the law" Volaris Oct 2014 #9
I almost thought this is onion-worthy satire... TRoN33 Oct 2014 #10
PA is going crazy with right-wing legislation at the moment. They must be trying to enough Oct 2014 #11
PA is controlled by teabaggers. Governor, State House, State Senate, 13/18 US House Reps, and AlinPA Oct 2014 #12
Well, the writing is on the wall for Corbett Sugarcoated Oct 2014 #15
Disagree. He is an ignorant stupid teabagger. AlinPA Oct 2014 #41
Details Sugarcoated Oct 2014 #43
If Democrats in PA turn out to vote. This state has turned stupid, electing so many teabaggers. AlinPA Oct 2014 #44
Not this time though Sugarcoated Oct 2014 #49
This law is one paragraph in a law otherwise directed at metal thieves.. happyslug Oct 2014 #14
Weasel fuckers Sugarcoated Oct 2014 #16
Does Pennsylvania have a state pre-emption law? GGJohn Oct 2014 #18
Appears this will make church/state actions easier Paulie Oct 2014 #23
Democracy doe's not exist on the federal and state level , how dare local communities geretogo Oct 2014 #28
Are you really advocating that localities should be able to violate state law, branford Oct 2014 #29
I am willing to live by Majority rule with in the boundaries of the Constitution not by minority rule geretogo Oct 2014 #30
Even when the majority is actually conservative? branford Oct 2014 #32
Well done, Pennsylvania legislators. Aristus Oct 2014 #31
Do you have any evidence that the majority of PA citizens do not support the law? branford Oct 2014 #33
Okay. You're new here, so I'll let that slide. Aristus Oct 2014 #34
You left half of it out, GGJohn Oct 2014 #35
I did that deliberately in order to highlight the fact that pro-gunners always Aristus Oct 2014 #36
That's not the constitutional interpretation established by the Supreme Court, branford Oct 2014 #38
Please don't ask me to respect the judical acumen of the Felonius Five. Aristus Oct 2014 #39
Respectfully, did you read my post? branford Oct 2014 #40
Let the gun carnage continue. Brigid Oct 2014 #37
What does the NRA have against lost or stolen guns being reported? logosoco Oct 2014 #45
Do feel the same way if localities want more permissive and liberal gun regulations than state law? branford Oct 2014 #47
This is special treatment of gun owners. alarimer Oct 2014 #53
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