Desperate City of Pittsburgh Appeals Court’s Rejection of Three Gun Control Laws Despite Preemption

Pittsburgh Gun Laws Peduto Synagogue Shooting

Pittsburgh Mayor Bill Peduto, surrounded by supporters and family members of Tree of Life synagogue shooting victims, signs three gun-control bills into law, Tuesday, April 9, 2019, at the City-County Building in downtown Pittsburgh. (Steph Chambers/Pittsburgh Post-Gazette via AP)

After the Tree of Life synagogue shooting, Pittsburgh Mayor Bill Peduto and the city council enacted three gun control laws; an “assault weapons” ban, a magazine capacity limit, and a “red flag” confiscation law. This despite Pennsylvania’s preemption law preventing local jurisdictions from enacting laws more restrictive than state gun laws.

In October, a judge struck down all three laws as invalid under preemption. But because being a gun-grabber means never giving up in pursuit of civilian disarmament, the city’s attorney’s have filed an appeal today, asking a state court to overlook the Pennsylvania preemption law and reinstate the three gun control ordinances.

Here’s the Associated Press’s report . . .

Attorneys for the city of Pittsburgh are asking a state court to overturn a judge’s order striking down firearm restrictions approved after a 2018 mass shooting at a synagogue.

The three ordinances were approved in April 2019 following the October 2018 mass shooting at Pittsburgh’s Tree of Life Synagogue that killed 11 worshippers. Gun rights advocates fought the ordinances, and a judge struck down the measures in October, saying Pennsylvania law forbids municipalities from regulating firearms and the ordinances were “void and unenforceable.”

City lawyers argue in briefs filed late last week that neither lawmakers nor the state’s highest court had ever “expressly said or held that cities are completely powerless to act in this area.” They said local governments’ authority to regulate firearms to protect citizens “may be limited, but it is not extinguished.”

The ordinances would have restricted military-style assault weapons like the AR-15 rifle authorities said was used in the attack. They would also have banned most uses of armor-piercing ammunition and high-capacity magazines and allowed temporary seizure of guns from those deemed a danger to themselves or others.

Joshua Prince, an attorney with Berks County-based Civil Rights Defense Firm, which represented the plaintiffs, said Pittsburgh is spending taxpayer money on a “frivolous appeal regarding its illegal ordinances.”

“The example that this sets for our youth — that it is acceptable to violate the law if you do not agree with it, instead of petitioning to have the law changed — is a stark reminder that the city and its elected officials believe they are above the law,” he told the Tribune-Review.

Pittsburgh tried enforcing an assault-weapons ban in 1993, but the state Legislature quickly took action to invalidate the measure, and the Pennsylvania Supreme Court ruled that city officials had overstepped.

comments

  1. avatar GS650G says:

    Sucks when the law isn’t on your side, doesn’t it?

    1. avatar frank speak says:

      as long as they face no consequences they will continue to do this…

      1. avatar SuspiciousFisherman says:

        I was always told: NO, MEANS NO!

        Totally relative here, same as when she said it.

      2. avatar Someone says:

        Make it personal consequences.

  2. avatar Ralph says:

    And if the appellate court doesn’t agree with Mayor Perdoofus, he’ll stamp his feet and hold his breath until he turns blue.

    1. avatar Southern Cross says:

      Pass the popcorn. We will score the performance in comparison to AOC’s tantrums.

      1. avatar frank speak says:

        just another example of bloomberg’s money at work….

  3. avatar Mark N. says:

    Wait, if the state Supreme Court held in 1993 that a City assault weapons ban was illegal, how can they argue with a straight face that neither the Legislature nor the State Supreme court have never held that the City has no power to act in this arena? Do they think that institutional memory is that myopic?

    1. avatar Geoff "Guns. LOTS of guns..." PR says:

      “Do they think that institutional memory is that myopic?”

      They’re making sure the memory is fresh to their political ‘friends’ that they intend to do what they think is right (no matter just how fucked-up that really is).

      It’s on the same wavelength as when we held the lower house and passed over *30* bills to repeal ‘ObamaScare’ that went nowhere.

      Political posturing, 101…

      1. avatar Jeremy B. says:

        Truth

    2. avatar Allen lepley says:

      By trying they are in contempt of court. It’s like gropin Joe Biden metl too doesn’t apply to him.

  4. avatar Shire-man says:

    Hey, it’s only the taxpayers dime. They may as well burn it on a feelz fire before somebody embezzles it.

  5. avatar eagle10 says:

    The mayor and shitty council have their heads so far up each other’s a55’s that they think making more laws will stop the scumbag criminals. All of a sudden the scum are going to think to themselves (being very generous here) that ‘Oh My – the new law says we can’t have the “assault weapon” so we won’t use them – we will just use baseball bats and golf clubs and murder more people. These people need to understand that criminal scumbags DO NOT OBEY the law – that is why they are criminals!

  6. avatar Hannibal says:

    Then go do it instead of posting impotently.

    1. avatar Hannibal says:

      Hmm… the comment I was replying to seems to have disappeared.

      1. avatar tsbhoa.p.jr says:

        it works!

  7. avatar Vic Nighthorse says:

    The city’s argument is lame even for an anti-2A organization. It’s like they have Gwyneth Paltrow writing for them.

    1. avatar enuf says:

      I recall her in her early movie roles. Looked great nekkid. It’s a sad thing that she spoiled such fine efforts with her later year hair brained nonsense.

      Same deal with Jane Fonda, she kind of peaked with Barbarella, nothing but downhill ever since. Hell of a shame.

      1. avatar SuspiciousFisherman says:

        I found it hard watching Marvel movies with her in it. She reminds me of my ex. Great on camera, fucken nuts off it.

      2. avatar Dude says:

        It’s best not to look into celebrities personally or you won’t care for 99% of them. I’m usually fine with appreciating the art without appreciating the artist.

  8. avatar Matt says:

    And none of the media is willing to point out that the city is using the people’s tax money to play king of the hill. This sort of foolishness will continue until these politicians are made to spend their own money.

  9. avatar WI Patriot says:

    They’ll(liberals) will never learn…

    1. avatar Green Mtn. Boy says:

      Never,thus the term Leftard,as it is a mental disease.

  10. avatar LarryinTX says:

    It astonishes me that doofuses like this somehow imagine that their election to zero jobs like mayor or city council entitles them to exercise their amazing intelligence and power to rewrite the constitution of the entire United States. People so stupid should be executed.

    1. avatar frank speak says:

      just sheer arrogance…nothing more….

  11. avatar Hydguy says:

    Arrest the mayor and and the city council for depravation of rights under color of law.
    Until these idiots face time, they will continue to break the law

    1. avatar Ed Schrade says:

      Any elected official that writes, authors, co-authors or signs a bill which is unconstitutional should be removed from office. Seems like perjury to lie or break a sworn oath. They should be prosecuted and jailed. These are also frivolous appeals.

    2. avatar Innocent Bystander says:

      “Arrest the mayor and and the city council for depravation of rights under color of law.” Have you ever served in any elected position Hydguy? Idiot.

    3. avatar GuyInWI says:

      Will never happen, every politician would be in jail. It’s not about serving the people, it’s about furthering your agenda and power. Term limits would be a good start to ending this behavior. Make it a job you can’t make into a career and retire from. The legislator should also only meet every other year for a few months unless there is a crisis. This should be from Congress on down.

      1. avatar Dude says:

        “The legislator should also only meet every other year for a few months unless there is a crisis. This should be from Congress on down.”

        I like that. They basically pass unnecessary laws (usually new ways to spend money) in order to justify their existence, and give them something to brag about come reelection time.

  12. avatar Tired of the bs says:

    Where is the county sheriff or the state police?

    1. avatar frank speak says:

      where’s the DA?…he’s already told them this has no merit or validity…yet they continue to push on…

      1. avatar Tired of the bs says:

        They got the .Gov they voted for.

  13. avatar Tired of the bs says:

    Didn’t the mayor say “then arrest me” when told he couldn’t do that ?

  14. avatar Discusted says:

    There is no scales of justice anymore, that ended decades ago. We now have an endless loop for the purpose of making legal professionals the dollar. Its a total cluster puck.

  15. avatar American Patriot says:

    Ain’t that a shame!…….Some one should write a song….Oh wait.

  16. avatar Green Mtn. Boy says:

    Tyrants deserve no quarter and Pittsburgh Mayor Bill Peduto,is one such petty tyrant.

    1. avatar frank speak says:

      he’s a left-leaning liberal…and an arrogant ass….

  17. avatar neiowa says:

    Trying to keep up with Philly wackos?

  18. avatar NORDNEG says:

    Well someone made him mayor, & he looks like the guy behind the curtain in the wizard of Oz,

    1. avatar frank speak says:

      the city has changed…used to be a tough town…now it’s full of pencil-necks…

  19. avatar Brodirt says:

    Until citizens connect the actual out of pocket $ cost that politicians legal actions cost them, per person, an/or assess those costs to the politician him/her self, this will never stop,.

    1. avatar Tired of the bs says:

      × 1mil

  20. avatar Debbie W. says:

    RE: “They said local governments’ authority to regulate firearms to protect citizens “may be limited, but it is not extinguished.”

    Local tyrants with a deranged agenda cannot extinguish laws penned by state legislators and signed by a governor. Perhaps the pompous mayor and his ilk do not understand, “Rank Has Its Privileges.”

    The last thing citizens need is for a bunch of self serving ratbassturds to regulate citizens and their gun rights. Following the end of the Civil War the democRat Party concocted laws that regulated gun rights for Blacks. If you were Black you could not own firearms, if you were white you could own firearms. Instead of a background check to own firearms it was a Skin Color Check.
    Today’s democRats disguise their Gun Control as citizen protection like hitler protected Jews with Gun Control. The aforementioned leaves an important unanswered question for democRat Gun Control zealots, “How do you and your ilk Justify your Racist and Nazi Based Gun Control Agenda?”

  21. avatar Imayeti says:

    Politicians must feel terribly impotent. “If we just have enough laws, criminals will obey them!” I mean, look at all we accomplished with the war on drugs!

    1. avatar frank speak says:

      He’s a gay-blade…’nuff said….

  22. avatar Second Amendment Shall not be Infringed says:

    They purposely passed an illegal law. Isn’t that a crime? Why has no one conducted a citizen’s arrest?

  23. avatar possum says:

    Marshall Earp said no gunms in town and the City of Tombstone didn’t complain. Well some did but they’ didn’t complain to long

    1. avatar Tired of the bs says:

      Concealed means just that and don’t be a drunken asshole. Tombstone kinda had that problem.

  24. avatar Prndll says:

    “…banned most uses of armor-piercing ammunition…”

    LMAO
    This is AP code for high power hunting rounds. The truth is that there are many levels of various types of armor. Even a .22lr will penetrate Under Armour. Fools writing for foolish readers.

    Too many people taker the Associated Press for gospel.

  25. avatar guy says:

    Peducheou

  26. avatar Rusty Chains says:

    Until the law requires the politician to pay the court cost out of his own pocket and forbids the city from compensating him for his loss they will continue to abuse both the good citizens and taxpayers in order to enhance their reputation within the Democrat political establishment. These people believe that all money belongs to the government and that they simply allow you to keep more or less of it depending on your social utility to the state.

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