The local government of Philadelphia is about to not only openly break the law, but charge its police force with breaking the law:
So, if you are a police officer, what do you do? Do you do what your superiors tell you to do, and enforce a law that you know that the state government has said is not legally valid, or do you stand down? I'm going to guess that as is often the case, that if and when these laws go into effect, that the police will largely robotically enforce them despite the lack of legitimacy under state law. After all, the police are there to enforce the dictates of their jurisdiction, right or wrong, these days.
Now, it's easy to say that it's the fault of the politicians that these laws may get enforced before being ripped apart by the state government, but not so fast. If the Police Chief were to openly come out and say that he would order his officers to stand down and not enforce these laws because they are illegal on their face, that sort of lawful and open defiance would do wonders to curb the enthusiasm of these lawless, petty elected, would-be tyrants.
The fact of the matter is that the local government cannot pass laws which go against the state, and cannot expect mercy when the law-abiding public fights back. I would feel no pity for any cop who gets hurt enforcing these laws, anymore than I would feel pity for one who gets hurt enforcing an eminent domain property seizure that is in violation of the state and federal law. When you break the law, you're a law breaker. If you break the law while armed, you are an armed and dangerous law breaker. Doesn't matter which side of the public-government divide you are on.
H/T: Alphecca
Mayor Nutter likened himself and City Council members yesterday to the band of rebels who formed this country as he signed five new gun-control laws that defy the state legislature and legal precedent.These laws are on their face illegal in the state of Pennsylvania, as the state of Pennyslvania has declared that no local government will enact laws that regulate the ownership and use of firearms. To put it mildly, it is not logically possible for a police officer to argue that they are acting under the color of authority by enforcing the local ordinance because the state legislature has passed laws which explicitly declare that ordinances of those nature have no legitimacy in the state.
"Almost 232 years ago, a group of concerned Americans took matters in their own hands and did what they needed to do by declaring that the time had come for a change," Nutter said as he signed the bills in front of a table of confiscated weapons outside the police evidence room in City Hall.
"We are going to make ourselves independent of the violence that's been taking place in this city for far too long," he said.
The five laws - called everything from unconstitutional to criminal by critics - do the following:
Limit handgun purchases to one a month.
Require lost or stolen firearms to be reported to police within 24 hours.
Prohibit individuals under protection-from-abuse orders from possessing guns if ordered by the court.
Allow removal of firearms from "persons posing a risk of imminent personal injury" to themselves or others.
Outlaw the possession and sale of certain assault weapons.
Nutter said he would begin to enforce the laws immediately, with the exception of the one-gun-a-month requirement, which takes effect in six months.
He and Council are in for a fight, however. The city has tried and failed for three decades to buck the 1974 state law that reserves gun regulation to the state legislature. The state's preeminence appeared to be cemented in a 1996 Supreme Court ruling that allowed the legislature to prevent Philadelphia and Pittsburgh from enacting local gun laws.
So, if you are a police officer, what do you do? Do you do what your superiors tell you to do, and enforce a law that you know that the state government has said is not legally valid, or do you stand down? I'm going to guess that as is often the case, that if and when these laws go into effect, that the police will largely robotically enforce them despite the lack of legitimacy under state law. After all, the police are there to enforce the dictates of their jurisdiction, right or wrong, these days.
Now, it's easy to say that it's the fault of the politicians that these laws may get enforced before being ripped apart by the state government, but not so fast. If the Police Chief were to openly come out and say that he would order his officers to stand down and not enforce these laws because they are illegal on their face, that sort of lawful and open defiance would do wonders to curb the enthusiasm of these lawless, petty elected, would-be tyrants.
The fact of the matter is that the local government cannot pass laws which go against the state, and cannot expect mercy when the law-abiding public fights back. I would feel no pity for any cop who gets hurt enforcing these laws, anymore than I would feel pity for one who gets hurt enforcing an eminent domain property seizure that is in violation of the state and federal law. When you break the law, you're a law breaker. If you break the law while armed, you are an armed and dangerous law breaker. Doesn't matter which side of the public-government divide you are on.
H/T: Alphecca
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