As part of the 2019 legislative agenda, the Pittsburgh city council has decided to use the Tree Of Life shooting as an excuse to ban all the popular guns.

That’t not really an over-statement.

Pittsburgh gun safety proposal would ban semiautomatic rifles

Pittsburgh Mayor Bill Peduto was joined by Gov. Tom Wolf, members of City Council and state Democratic lawmakers Friday in proposing legislation that would ban semiautomatic rifles and certain ammunition and firearms accessories within city limits.

Citing the 11 people killed in the Oct. 27 mass shooting at Squirrel Hill’s Tree of Life synagogue, Peduto said the ban is necessary to protect the safety and welfare of Pittsburgh residents. He vowed to build a coalition among municipalities and residents across the nation to fend off legal challenges from gun rights activists that are certain to come. Peduto said he’s written letters to more than 100 cities seeking support.

Legislation proposed in Pittsburgh would ban the manufacture, sale, purchase, transportation, carry, storage or possession of assault weapons within the city. A second bill would ban certain ammunition for semiautomatic rifles, including explosive and armor piercing bullets. It would ban accessories, including large magazines and bump stocks that allow rapid fire similar to automatic weapons.

According to CNN:

Among the weapons that would be banned are any rifles with a pistol grip, folding stock and detachable magazine. The legislation specifically bans several AR-15 style weapons by name. The weapons — semi-automatic variants of the M-4 and M-16 type weapons issued to US troops — have been used in a plethora of shootings in the past few years, including the October 27 attack on the Tree of Life synagogue.

The proposals will also limit ammunition capacity in detachable magazines and most semi-automatic firearms to 10 rounds.

Here is the thing, Pennsylvania has preemption on gun rights as part of the state constitution and a state DA wants to use it.

Pittsburgh council members could face charges over gun restrictions, DA says

Pittsburgh City Council’s proposed gun legislation might be unconstitutional and could result in criminal charges against members of council, Allegheny County District Attorney Stephen A. Zappala Jr. said in a letter to the councilman who introduced the bills.

Good, charge those bastards.

Zappala alluded to the fact that passing such legislation could result in criminal charges against council members, referring to a Pennsylvania law that states, “No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried for transported for purposes not prohibited by the laws of this Commonwealth.”

“While I certainly see the desire for such type of legislation at the state and federal levels, I believe that city council does not have the authority to pass such legislation,” Zappala said in a letter dated Jan. 9 and posted to his office’s Twitter account Tuesday.

He cited previous failed efforts undertaken by former Mayor Luke Ravenstahl’s administration, as well as case law regarding the issue.

“I am certain that you have sought the legal advice of your law department as to whether (state law) would permit a criminal complaint to be filed against an individual member of council who violates (state law) by voting to adopt these regulations,” Zappala wrote.

“Likewise,” he wrote, “I am sure you have discussed the due process implications of enacting any legislation reviewed by your law department and found to be unconstitutional.”

He continued in the same vein: “I am also certain that you realize that if such legislation passes, there is sure to be a resident of Allegheny County who seeks to file a private criminal complaint alleging a violation of (state law).”

Zappala said those are all issues that would come before his office, noting that his letter was “not intended to express my opinion” on the legislation.

“I mention the matters just to ensure their consideration by you and council,” he wrote.

Yeah, boy!!!

Pennsylvania is still has a Republican controlled state legislature.

Lets be honest, the Pittsburgh Democrats are just using the Tree of Life shooting to push a bill to ban guns that they hate.  It’s not about saving lives, it’s about having a recent incident that they can use to manipulate people emotionally.

These Blue strongholds in Red or Purple states love to act like their own little fiefdoms and they need to be reigned in.  There is little the law abiding gun owners of Pittsburgh could do to chance the city council’s min but preemption can stop them dead in their tracks.  That is why it is so important and why it is under attack in Florida.

 

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By J. Kb

4 thoughts on “Pittsburgh and the importance of preemption”
  1. Kinda wish that DA hadn’t sent them a notice they were fair game if they passed this. It’d have more impact to start arresting them before the ink dries … a better lesson to others, if you will.

  2. A Bill has been introduced to change the preemption law . Futher the State Supreme Court is Dem majority at the moment. Hope it doesn’t get that far but it could get messy.

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