The Mayor of Philadelphia, Michael Nutter, a Democrat, has declared independence – from State law and the Federal Constitution, both of which protect the right to bear arms.
As he signed five new gun control laws, the Mayor compared himself to the American Revolutionaries (you know, like Benedict Arnold):
“’Almost 232 years ago, a group of concerned Americans took matters in their own hands and did what they needed to do by declaring that the time had come for a change,’ Nutter said as he signed the bills in front of a table of confiscated weapons outside the police evidence room in City Hall… ‘We are going to make ourselves independent of the violence that’s been taking place in this city for far too long,’ he said.”
Advocates for individual rights found much to object to in Nutter’s Nutty move:
“National Rifle Association spokesman John Hohenwarter said he expected the organization to sue ‘within a short time frame.’
“Kim Stolfer, vice chairman of the Pennsylvania Sportsmen’s Association’s legislative committee, said the organization was considering its legal options and suggested that the enactment of the laws was a criminal act… ‘He’s committing five misdemeanor crimes,’ Stolfer said. ‘What kind of message is he sending when he and City Council are willing to commit crimes for issues that are not going to work?’…
“State Representative John M. Perzel (R., Phila.) said through a spokesman that the laws were unconstitutional.”
To say the least. The measures included a limit on handgun purchases to once a month, required lost or stolen guns to be reported within 24 hours to the police, and outlawed the possession and sale of certain types of “assault” weapons.
For Nutter to compare himself to the rebels of the American Revolution – who fought and died for amongst other rights, the right to bear arms – is about as nutty as it gets.
ALG Prediction: These new gun control laws in Philadelphia will be struck down as unconstitutional, as they violate an individual’s right to keep and bear arms. The Second and Fourteenth Amendments place a specific limit upon States to not violate that right, and Pennsylvania law preempts Philadelphia’s power to enact such laws. No construction of the law – save judicial activism – would uphold Philadelphia’s approach to this issue.
