Apr 15, 2008 10:00 pm US/Eastern
D.A.: New Gun Laws Cannot Be Upheld
PHILADELPHIA (CBS 3) ―
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District Attorney Lynne Abraham (file)
CBS 3
Philadelphia District Attorney Lynne Abraham said changes made under controversial gun legislation signed into law by Mayor Michael Nutter without the approval of the state will not be upheld.
During a City Council meeting Tuesday, Abraham stated she admired the efforts of City Council and the Mayor, but added she could not approve criminal charges stemming from arrests under the five new laws instated last week.
"Because these laws appear to me, as an attorney looking at the laws of Pennsylvania, to be preemptive, they are, on their face, illegal acts," Abraham said.
The new legislation included a ban on assault rifles, a limit on handgun purchases, a requirement all stolen guns must be reported within 24 hours and the ability for police to confiscated firearms from those considered to be a risk.
Mayor Nutter said he has talked to the District Attorney about the legislation and hopes to move forward.
"I'm hopeful, through our law department and the research we've done, that we might be able to demonstrate to the district attorney that these bills are defensible," Mayor Nutter said.
"As far as I am concerned, the laws are valid and we will act as if this whole conversation with the D.A. just didn't take place," Philadelphia Police Commissioner Charles Ramsey said.
Abraham said a 1996 ruling upheld a 1974 law stating that Philadelphia does not have the authority to pass its own gun control legislation.
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