Friday, June 19, 2009

Court rejects 2 Phila. gun controls, allows 3

The Philadelphia Inquirer reports:
Two key provisions of Philadelphia's latest attempt to impose local gun controls - banning assault weapons and "straw purchases" of handguns - were invalidated yesterday by a state appeals court.

Following judicial precedent that doomed previous Philadelphia gun-control laws, Commonwealth Court held that the state Supreme Court ruled in 1996 that only the legislature has the authority to enact gun laws. Counties and municipal governments are out of luck.

But the 6-1 majority in Commonwealth Court affirmed part of the 2008 decision of then-Philadelphia Common Pleas Court Judge Jane Cutler Greenspan and allowed three other provisions. They require reporting lost or stolen handguns, allow temporary seizure of guns by police after probable cause is demonstrated, and bar gun ownership by people subject to protection-from-abuse orders.