PA Judge blocks Philadelphia's new gu...

PA Judge blocks Philadelphia's new gun laws

There are 16 comments on the www.philly.com story from Apr 17, 2008, titled PA Judge blocks Philadelphia's new gun laws. In it, www.philly.com reports that:

A Philadelphia judge this morning temporarily blocked enforcement of a package of five gun-control laws enacted last week by City Council.

Join the discussion below, or Read more at www.philly.com.

Bruce V

Auburn, AL

#1 Apr 17, 2008
Instead of wasteing the taxpayers money on a futile court battle to enforce unconstitutinal laws Mayor NUT E R could be using that money to lock up gun criminals. There is no such thing as illegal guns, there are only bad people who use guns illegally.

Since: Jul 07

United States

#2 Apr 17, 2008
Thank you for posting that story Bruce. I was wondering how long it would take for the courts to bitch-slap the Philly City Council.

Since: Nov 07

Erie, PA

#3 Apr 17, 2008
actually it was I that posted the story, but you're welcome just the same :)

“American Sheepdog”

Since: Nov 07

Location hidden

#4 Apr 17, 2008
I knew that Neuter would get this shoved up his ass. Good for the judge! I hope Nutless now feels like the stupid goon that he is.

“I won't pay health insurance”

Since: Jun 07

East Wenatchee, WA

#5 Apr 17, 2008
The nutter gun laws won't last long

“Shall NOT be infringed.”

Since: Dec 06

Phoenix, AZ.

#6 Apr 17, 2008
"No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid."

- Alexander Hamilton, Federalist #78
http://gunshowonthenet.com/FederalistPapers/F...

"All laws which are repugnant to the Constitution are null and void."

- Marbury v. Madison, U.S. Supreme Court,[5 U.S.(2 Cranch) 137 (1803).]
http://gunshowonthenet.com/2ALaw/MarburyvMadi...

"The State cannot diminish the rights of the People."

- Hurtado vs. California, U.S. Supreme Court,[110 U.S. 516 (1884).]

"An unconstitutional act is not law; it confers no right; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed."

- Norton v Shelby County, U.S. Supreme Court,[118 US 425,(1886).]

"The court is to protect against any encroachment of Constitutionally secured liberties.”

- Boyd v. United States, U.S. Supreme Court,[116 U.S. 616,(1886).]

"The Constitution is a written instrument. As such its meaning does not alter. That which it meant when adopted, it means now. Being a grant of powers to a government, its language is general; and, as changes come in social and political life, it embraces in its grasp all new conditions which are within the scope of the powers in terms conferred. In other words,[Page 199 U.S. 437, 449] while the powers granted do not change, they apply from generation to generation to all things to which they are in their nature applicable. This in no manner abridges the fact of its changeless nature and meaning. Those things which are within its grants of power, as those grants were understood when made, are still within them; and those things not within them remain still excluded."

- Mr. Justice Brewer, U.S. Supreme Court,[South Carolina v. US, 199 U.S. 437 (1905).]

"The claim and exercise of a Constitutional right cannot be converted into a crime."

“No state shall convert a liberty into a privilege, license it, and attach a fee to it.”

- Miller v. U.S., U.S. Supreme Court,[319 U.S. 105 (1943).]

“Where rights secured by the Constitution are involved, there can be no rule making or legislation, which would abrogate them.”

- Miranda v. Arizona, U.S. Supreme Court,[384 U.S. 436 (1966).]

“If the state converts a liberty into a privilege the citizen can engage in the right with impunity”

- Shuttlesworth v Birmingham, U.S. Supreme Court,[394 U.S. 147 (1969).]

"Officers of the court have no immunity, when violating a Constitutional right, from liability. For they are deemed to know the law.”

- Owen v. City of Independence, MO,[445 U.S. 622, 100 S.Ct. 1398, 63 L.Ed.2d 673 (1980).]

The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.

"A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.

"No one is bound to obey an unconstitutional law and no courts are bound to enforce it."

- 16th American Jurisprudence, 2nd Edition, Volume 16, Section 177.

Also See:
http://www.familyrightsassociation.com/bin/ca...

“Shall NOT be infringed.”

Since: Dec 06

Phoenix, AZ.

#7 Apr 17, 2008
"Every act of the legislature repugnant to the Constitution is, ipso facto, void; and it is the duty of the court so to decide it."

- Vanhorne's Lesse v. Dorrance, 2 Dall. 304.

"4. The constituton of England is at the mercy of Parliament. Every act of Parliament is transcendent, and must be obeyed. Ibid. 308.

"5. In America, the case is widely different. Every state of the Union has its Constitution, reduced to written exactitude. A constitution is the form of government delineated by the mighty hand of the people, in which certain first principles of fundamental law are established. The Constitution is certain ad fixed; it is certain and fixed; it contains the permanent will of the people, and is the supreme law of the land; it is paramount to the power of the legislature, and can be revoked or altered only by the power that made it. The life-giving principle and the death-deealing stroke must proceed from the same hand. The legislature are creatures of the Constitution; they owe their existence to the Constitution; they derive their powers from the Constitution. It is their commission, and therefore all their acts must be conformable to it, or else they will be void. The Constitution is the work or will of the people themselves, in their original, sovereign, and unlimited capacity. Law is the work or will of the legislature, in their derivative and subordinate capacity. The one is the work of the creator, and the other of the creature. The Constitution fixes limits to the exercise of the legislative authority, and prescribes the orbit in which it must move. Whatever may be the case in other countries, yet in this there can be no doubt that every act of the legislature repugnant to the Constitution is absolutely void. Ibid.

"...16. If any act of Congress, or of the legilature of a state, violates the constitutional provisions, it is unquestionably void." - Per [U.S. Supreme Court Justice] Iredell, J. Ibid.

"...26. An act of Congress repugnant to the Constitution cannot become the law of the land. Ibid. 176, 177, 180."

"...52....The Constitution of the United States was ordained and established, not by the United States in their sovereign capacities, but, as the preamble declares, by the will of the people of the United States. Ibid. 324.

"...57. The government of the United States can claim no powers which are not granted to it by the Constitution, either expressly or by necessary implication. Ibid."

"58. The Constitution, like every other grant, is to have a reasonable construction, according to the import of its terms; the words are to be taken in their natural and obvious sense, and not in a sense either unreasonably restricted or enlarged. Ibid."

"...109. The framers of the Constitution must be understood to have employed words in their natural sense, and to have intended what they have said; and in construing the extent of the powers which it creates, there is no other rule than to consider the language of the instrument which confers them, in conection with the purposes for which they were conferred. Ibid. 188, 189.

"...111. It is a rule of construction that exceptions from a power mark its extent. Ibid. 191."

"...159. If the local ordinances of a city are in collision with an act of Congress, made in pursuance of the Constitution of the United States, the former must give way. The laws of Congress, made in pursuance of the Constitution of the United States, are the supreme law of the land, any thing in the constitution or laws of the particular state notwithstanding. United States v. Hart, 1 Peter's C.C.R. 390."

- Elliot's Debates, Volume 4, APPENDIX.-- Digest of Decisions in the U.S. Courts.

"Because of what appears to be a lawful command on the surface, many Citizens, because of their respect for what appears to be law, are cunningly coerced into waiving their rights due to ignorance."

- U.S. Supreme Court, US. v. Minker,[350 US 179 at 187]
Ron Odom

Houston, TX

#8 Apr 18, 2008
Bruce V wrote:
Instead of wasteing the taxpayers money on a futile court battle to enforce unconstitutinal laws Mayor NUT E R could be using that money to lock up gun criminals. There is no such thing as illegal guns, there are only bad people who use guns illegally.
Mayor Nutter would prefer The People to believe that there are no laws on the books addressing PA Firearms issues in an attempt to elevate his own standing in the community.

The Mayor forgets that PA is an educated community who knows that he should be enforcing firearms issues with laws currently on the books.

Mayor Nutter, enforce the laws that are currently on the books and stop giving "Hand Slaps" to the individuals who are breaking those laws!
Ron Odom

Houston, TX

#9 Apr 18, 2008
One existing Gun Law could be used to eliminate issues like occurred at VA. Tech a year ago.

Ever hear of Concealed Carry by Law-Abiding Citizens. I guarantee you that Concealed Carry on the campus will prevent the massacre from ever happening again.

The perpetrator of such incidents are always seeking protected environment from which they can commit their murders.

In the case of students and faculty lawfully carrying concealed handguns on campus, you have just eliminated the "Safe Haven" that the perpetrator had counted on.

In most cases, that will invoke enough insecurity into the perpetrator so as to cause he/her to abandon all thoughts of mass murder.

Everyone who legally carries a concealed handgun knows that if a single gun is pulled by anyone or for any reason, there will be at least six or more legal defenders pointing their guns at that person persuading the person to lay down their arms.

If the legal defenders are required to stop the threat with lethal force, each person leagally carrying a concealed handgun knows to put their gun away as soon as the threat is over. This is what we are trained to do.

As long as the U.S. Constitution does not guarantee each and every citizen the Right of Police Protection on an "as needed basis" and the Universities are unable or refuse to guarantee Police Protection on an "as needed basis" to each and every student,faculity member, employee, or visitor, the act of self-defense is the primary duty of each and every person on campus.

Any delay in implementing concealed carry on campus is a "Pro" vote for continued mass-murder incidents by the University, College, or School administrators!
alan

Houston, TX

#10 Apr 18, 2008
Ron Odom wrote:
One existing Gun Law could be used to eliminate issues like occurred at VA. Tech a year ago.
Ever hear of Concealed Carry by Law-Abiding Citizens. I guarantee you that Concealed Carry on the campus will prevent the massacre from ever happening again.
The perpetrator of such incidents are always seeking protected environment from which they can commit their murders.
In the case of students and faculty lawfully carrying concealed handguns on campus, you have just eliminated the "Safe Haven" that the perpetrator had counted on.
In most cases, that will invoke enough insecurity into the perpetrator so as to cause he/her to abandon all thoughts of mass murder.
Everyone who legally carries a concealed handgun knows that if a single gun is pulled by anyone or for any reason, there will be at least six or more legal defenders pointing their guns at that person persuading the person to lay down their arms.
If the legal defenders are required to stop the threat with lethal force, each person leagally carrying a concealed handgun knows to put their gun away as soon as the threat is over. This is what we are trained to do.
As long as the U.S. Constitution does not guarantee each and every citizen the Right of Police Protection on an "as needed basis" and the Universities are unable or refuse to guarantee Police Protection on an "as needed basis" to each and every student,faculity member, employee, or visitor, the act of self-defense is the primary duty of each and every person on campus.
Any delay in implementing concealed carry on campus is a "Pro" vote for continued mass-murder incidents by the University, College, or School administrators!
Ron, you speak the truth sir... besides who wants a cop in the bedromm anyway!besides, the mayor and his city council ARE doing NOTHING... Bill Cosby is telling his community that THEY must take the streets back and he is 100% correct in saying so... the inner city youth that are shooting up their own neighbor hoods most likely not old enough to own handguns or are felons already... the children shouldn't be telling the parents what to do... LORD OF THE FLIES, anyone???besides "assault" weapons are NOT being used only handguns which are strictly self defense. besides the punks are not gonna heed ANY law whoever passes it or enforces it... the punks do not care about anyone or anything but themselves... street cred my ass... grow up... the man keeping them down is bullhonkey of the first order... the punks are keeping themselves down no one has to do it for them... GROW THE F**CK UP AND GO GET A JOB...

“a'Round We Go”

Since: Apr 08

AOL

#11 Apr 18, 2008
Just because they are our founding fathers does not mean they are correct on all matters. Society grows and matures like any single person. Right now society wants to break its violence addictions but our thoughts and behavior need to change. Every person is an extension of ourselves so when one person commits an act of violence it is an act of violence toward every person. When a person purchases a tool of violence they are purchasing part of the problem. Every 'bad' person that may use a gun to commit violence is most likely a victim of violence themselves maybe not direct violence. When someone is sold a product like alcohol, fire arms, cigarettes, illegal drugs or ect. it is a act of violence toward that person and society. In return for this purchase that person will hurt us all in the form of a lung cancer patient that drains medical resources, a drunk driver that kills your family in a head on collision, a drug addicted son or daughter who does any number of criminal activities to supply their (our) addiction. So for every person who purchases a gun to shoot a target how many other people must die in a violent act for that activity?

If you say you buy a gun to shoot a target I say to you to buy a basketball and shoot a hoop.

If you want a gun for protection then a tazer and mace will do the job.

I say to dissolve all militaries worldwide.

Militaries are cults with guns. Shave your head, wear the same clothes, lose your identity and kill or be killed to defend this ideology. Sounds like a cult to me.

Flags are false idols and the Ten Commandments says not to worship false idols.

Flags are false idols with nuclear weapons.

When an object has ideology it becomes a false idol.

Beware.

“Shall NOT be infringed.”

Since: Dec 06

Phoenix, AZ.

#12 Apr 18, 2008
Sence wrote:
Just because ....[I am] a false idol.
Beware.
The following explains our God-given, Inherent and Inalienable Natural Right as it was INTENDED by the men whom framed our Constitution:

"If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government ... The citizens must rush tumultuously to arms..."

- Alexander Hamilton, Federalist #28.
http://gunshowonthenet.com/FederalistPapers/F...

"The opinion of the Federalist has always been considered as of great authority. It is a complete commentary on our Constitution; and is appealed to by all parties in the questions to which that instrument has given birth. Its intrinsic merit entitles it to this high rank; and the part two of its authors performed in framing the constitution, put it very much in their power to explain the views with which it was framed..."

- Chief Justice John Marshall, U.S. Supreme Court, Cohens v. Virginia (1821).
http://gunshowonthenet.com/2ALaw/CohensvVirgi...

"Also, the conditions and circumstances of the period require a finding that while the stated purpose of the right to arms was to secure a well-regulated militia, the right to self-defense was assumed by the Framers."

- John Marshall, U.S. Supreme Court Chief Justice.[As quoted in Nunn v. State, 1 Ga. 243, 251 (1846); State v. Dawson, 272 N.C. 535, 159 S.E.2d 1, 9 (1968).]
http://gunshowonthenet.com/AfterTheFact/NunnV...

“Afforded us by God & Nature”
http://gunshowonthenet.com/2ALEGAL/AffordedGo...

“Agreed to found our Rights upon the Laws of Nature....”
http://gunshowonthenet.com/2ALaw/LawsofNature...

“...Which the Laws of Nature and of Nature's God entitle them...”
http://gunshowonthenet.com/2ALaw/God&Natu...

Life, Liberty and Property
http://gunshowonthenet.com/2ALaw/LifeLibertyP...

George Washington: Concerning Arms in the hands of the People
http://gunshowonthenet.com/SecondAmend/George...

"the overruling law of self preservation"
http://gunshowonthenet.com/2ALEGAL/SelfPreser...

'for the common defence'(?)
http://gunshowonthenet.com/2ALEGAL/Precedent/...

"Rights of the citizen declared to be --"
http://gunshowonthenet.com/2ALEGAL/CitizensRi...

"The Right to Self Defense"
http://gunshowonthenet.com/AfterTheFact/Right...

"The right of self-defence never ceases. It is among the most sacred, and alike necessary to nations and to individuals."

- President James Monroe, Nov. 16, 1818 message to the U.S. House and Senate.[Journal of the Senate of the United States of America, November 17th, 1818.]
http://gunshowonthenet.com/AfterTheFact/Senat...

Right to Keep and Bear Arms - Historical Directories:

Origins
http://gunshowonthenet.com/2ALEGAL/Origins.ht...

Precedent
http://gunshowonthenet.com/2ALEGAL/Origins&am...

After The Fact
http://gunshowonthenet.com/AfterTheFact/Conte...

Amendment II and the Law
http://gunshowonthenet.com/2ALaw/Contents.htm...

"No, surely, No! they meant to drive us into what they termed rebellion, that they might be furnished with a pretext to disarm and then strip us of the rights and privileges of Englishmen and Citizens."

- George Washington, March 1, 1778 letter to Bryan Fairfax, Valley forge.

“Shall NOT be infringed.”

Since: Dec 06

Phoenix, AZ.

#13 Apr 18, 2008
Sence wrote:
Just because ...[I am] false...
Beware.
"The LORD [is] a man of war: the LORD [is] his name."

- Exodus 15:3

"To every [thing there is] a season, and a time to every purpose under the heaven:

"A time to kill, and a time to heal; a time to break down, and a time to build up...

"A time to love, and a time to hate; a time of war, and a time of peace.

"I know that, whatsoever God doeth, it shall be for ever: nothing can be put to it, nor any thing taken from it: and God doeth [it], that [men] should fear before him.

"That which hath been is now; and that which is to be hath already been; and God requireth that which is past."

- Ecclesiastes 3:1, 3, 8, 14, 15

"Cursed [be] he that doeth the work of the LORD deceitfully, and cursed [be] he that keepeth back his sword from blood."

- Jeremiah 48:10

"But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one".

- JESUS, Luke 22:36

"Think not that I am come to send peace on earth: I came not to send peace, but a sword."

- JESUS, Matthew 10:34

"Jesus Christ the same yesterday, and to day, and for ever."

- Hebrews 13:8

"For when they shall say, Peace and safety; then sudden destruction cometh upon them, as travail upon a woman with child; and they shall not escape....."

- 1 Thess. 5:3

Biblical Quotes on Arms and Defense
http://gunshowonthenet.com/biblicalarmsquotes...

“American Sheepdog”

Since: Nov 07

Location hidden

#14 Apr 18, 2008
Sence wrote:
I'm a moron. Beware.
Go flog yourself, you dolt.
Daniel

Franklin, TN

#16 Apr 21, 2008
Shooting basketballs is fun, but I find due to their bright color and large size, they only become challenging to shoot at ranges over 200 yards, unless I am using a handgun.
Sence wrote:
Just because they are our founding fathers does not mean they are correct on all matters. Society grows and matures like any single person. Right now society wants to break its violence addictions but our thoughts and behavior need to change. Every person is an extension of ourselves so when one person commits an act of violence it is an act of violence toward every person. When a person purchases a tool of violence they are purchasing part of the problem. Every 'bad' person that may use a gun to commit violence is most likely a victim of violence themselves maybe not direct violence. When someone is sold a product like alcohol, fire arms, cigarettes, illegal drugs or ect. it is a act of violence toward that person and society. In return for this purchase that person will hurt us all in the form of a lung cancer patient that drains medical resources, a drunk driver that kills your family in a head on collision, a drug addicted son or daughter who does any number of criminal activities to supply their (our) addiction. So for every person who purchases a gun to shoot a target how many other people must die in a violent act for that activity?
If you say you buy a gun to shoot a target I say to you to buy a basketball and shoot a hoop.
If you want a gun for protection then a tazer and mace will do the job.
I say to dissolve all militaries worldwide.
Militaries are cults with guns. Shave your head, wear the same clothes, lose your identity and kill or be killed to defend this ideology. Sounds like a cult to me.
Flags are false idols and the Ten Commandments says not to worship false idols.
Flags are false idols with nuclear weapons.
When an object has ideology it becomes a false idol.
Beware.
Bruce V

Auburn, AL

#17 Apr 22, 2008
Daniel wrote:
Shooting basketballs is fun, but I find due to their bright color and large size, they only become challenging to shoot at ranges over 200 yards, unless I am using a handgun.
<quoted text>
Good reply!

Tell me when this thread is updated:

Subscribe Now Add to my Tracker

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

Bedminster Discussions

Title Updated Last By Comments
Review: Taylor Farm LLC (Mar '13) Mar '13 howard 9 1
News Online Extra: The Reviews of Dan Sigley (Apr '08) Jun '12 traci sacks 2
News Huge fire levels barn (Oct '10) Oct '10 scallywag 1
News Snow catches U. Bucks off guard (Feb '10) Feb '10 Gee 29
Fire? (Nov '09) Nov '09 Samantha Polichetti 1
News Tiger Ranch Owner Says Sick Cats Planted Before... (Apr '08) Jun '08 Queen Heart 2
News Philadelphia judge threatened with disbarment f... (Mar '08) Apr '08 Wicked Jester 3
More from around the web

Bedminster People Search

Addresses and phone numbers for FREE

Personal Finance

Mortgages [ See current mortgage rates ]