Michael Nutter claims he will be enforcing Philadelphia illegal gun laws:
At the first regular meeting of the new City Council yesterday, Council members Darrell L. Clarke and Donna Reed Miller introduced the same package of gun-control measures that languished last year while the state legislature refused to authorize them.
But these bills have a new wrinkle – they don’t call for state-enabling legislation. The previous bills were conditional on companion state laws in recognition of a 1996 Pennsylvania Supreme Court ruling that said cities could not enforce their own gun laws.
But Nutter, Clarke and Miller, frustrated by the repeated failure of gun-control measures in the legislature, now appear ready to do just that.
“If these bills pass and if I sign them, then I expect to enforce them,” Nutter said. “If you believe we can have a safer city by putting these measures in place, I think as good public servants we are compelled to take some type of action in the face of no relief coming from anywhere else.”
Go ahead Mayor Nutter. Enforce them against me. Please. I could use the money I’ll make from the giant lawsuit I promise I’ll slap the city with. Pennsylvania needs to reconsider its preemption statue if Mayor Nutter is serious about crossing this Rubicon. Not to weaken it, but to impose penalties on cities and local municipalities who violate it. We have the power to do this in the legislature, and I really hope that City Council does not really want to bring this issue to a head.
UPDATE: I love this quote:
Kairys said the city’s action could set up a test of a new Supreme Court, now under Chief Justice Ronald Castille, the former Philadelphia district attorney who promised to depoliticize the court.
If the court is truly depoliticized, then Castille will uphold state preemption. That is not a matter of politics. The city home rule charter does not give the city the power to contradict state laws, and preemption is a state law designed to protect an enumerated fundamental right protected by the Pennsylvania Constitution. If Castille votes in favor of the city he will be breaking his promise, and will be actively politicizing the court.