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District Attorney Says New Gun Control Laws Unconstitutional

POSTED: 1:09 pm EDT April 15, 2008
UPDATED: 7:34 pm EDT April 15, 2008

The city's district attorney said new gun laws passed by the city of Philadelphia are unconstitutional and she will not prosecute someone who's arrested under the new laws.

"I cannot, as a matter of law, arrest people for illegal possession of guns," Philadelphia District Attorney Lynne Abraham said.


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Philadelphia City Council passed five tough, new gun-control laws last Thursday. Mayor Michael Nutter even signed them.

But Tuesday, Abraham told a council committee meeting that those laws are unconstitutional since only the state legislature can regulate guns in Pennsylvania, and she urged caution in trying to enforce those laws.

"If there are wholesale arrests which turn out to be illegal, this city is going to get its pants sued off them," Abraham said.

The new laws include a requirement to report lost or stolen guns and a one-per-person-per-month limit on gun purchases.

Nutter has given Police Commissioner Charles Ramsey the green light to enforce the new laws.

"We've got to do something. And the mayor's at least got the courage to step up and try to do something. I mean, we've got to end the violence on the streets of this city period. And if Harrisburg won't act, then Philadelphia has ought to act. I don't have a problem with that," Ramsey said.

Philadelphians don't seem to have any problem with Nutter's aggressive approach.

"It seems that he's, very active with the problems of the city," Donna Henry, of Northeast Philadelphia, said.

"I like the aggressive approach he's done on crime," Isaac Dixon, of West Mount Airy, said.

City Council also approved the new gun laws unanimously.

"We believe it's the right thing to move forward as it relates to enacting our own gun laws particularly given the fact that Harrisburg refuses to do anything on this very crucial issue," City Councilman Darryl Clarke said.

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Nutter said he hopes his law department can convince Abraham that the changes are defensible.


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