I see a lawsuit coming....
Despite PA having statewide pre-emption, and Philadelphia having lost attempts to amend that, the city council has enacted five new gun control ordinances, and the appropriately-named Mayor Nutter announces he will "order their immediate enforcement."
I guess he's never heard of false arrest, section 1983, and a few other details like that.
Time to rock the city council and mayor.
PA Crimes and offenses (Title 18)
§ 5301. Official oppression.
A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:
subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or
denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.
Posted by: RKM at April 10, 2008 03:07 PM
How appropriate a name for the mayor, Nutter.
Posted by: Harry Schell at April 10, 2008 03:49 PM
lawsuit my ass, let's talk arrest, trial, conviction and prison. Or admit we don't believe the law applies to everybody.
Posted by: straightarrrow at April 10, 2008 06:54 PM
This might sound radical, but I am just asking about legalities...
In Illinois, a citizen is authorized to arrest criminals...we can't charge them, but we can arrest and detain them.
I am wondering if a resident of PA or Philly could arrest Mayor Nutter for violating state law? I realize he's a big guy, but guys aren't exempted from the law just because they are big, or because they are the mayor. Certainly a police officer would be subject to too many political sensitivities to do it...but why not a private citizen?
Could the city council also be arrested one by one for breaking state law?
Posted by: Carl in Chicago at April 11, 2008 07:11 AM
What is the correct way of going about providing constructive notice, so as to p0wn them in court?
Folks who live 20 minutes from PHL wanna know.
Posted by: geekWithA.45 at April 12, 2008 09:04 AM
Concerning § 5301 "Official oppression" above and as a laymen and ex-LEO, the problem is that a misdemeanor has to be committed in the presence an LEO inorder for that LEO to act, if he/she wants to. Convincing an LEO and/or many witnesses that were at the councle meeting or the county sheriff or a State LEO to arrest the councle and mayor could be a biotch. A public letter to the councle and mayor concerning the threat of "Official oppression" and its consequences might have the desired affect.
Of course, an activist gun owner knowing the risks could defy the city's law, get arrested and try to get the judge to throw out the case while bringing up the "Official oppression" issue. Cops, bailiffs and maybe deputies would be in court to witness the city's opression. Still the issue would be getting someone to arrest the councle and mayor.
Also, as David said, a lawsuit could be started after someone has been "oppressed".
Hopefully, some others will chime in.
Posted by: RKM at April 12, 2008 01:00 PM