Rob Profile picture
14 Oct, 28 tweets, 2 min read
Pittsburgh up first
Pittsburgh says PA preemption law doesn't cover "use".

Judge Leavitt says the PA Supreme Court has said "use" is covered.
Judge Leavitt: How do you use a gun without possessing it?
Judge Leavitt: Doesn't the ordinance also violate the PA right to bear arms?
Pittsburgh: Self-defense is not a "use" that is covered by the ordinance.
Pittsburgh: Even if the city banned the guns and magazines covered by the ordinance, it wouldn't violate the right to bear arms.
Judge Leavitt: Hasn't the PA Supreme Court also spoken on this issue on Commonwealth v Hicks?

Pittsburgh: That was just dicta.
Pittsburgh: Ortriz was about the validity, but not the scope of PA's preemption law.
Anderson plaintiffs up
Judge Leavitt: Was the PA Supreme Court just using "use" to loosely to decribe the laws at issue in Ortiz?
Anderson: The en banc Commonwealth Court previously said a law regulating "use" of guns in Erie parks violated preemption.
Anderson: It's very difficult to "use" a firearm without possessing it.
Anderson: Gun owners rely on state gun laws, don't have to worry about knowing patchwork of local laws.
Joshua Prince up for FOAC et al
FOAC: Two possible criteria for issuing an ERPO in the ordinance are recently buying a gun and using a gun for employment.
FOAC: The PA Supreme Court was addressing "use" in Ortiz.
FOAC: PA General Assembly intended to address the entire field of firearms law.
FOAC: There truly is no self-defense provision in this act. Exemption only applies to firearms, not magazines or accessories. Can't have loaded "high capacity" magazine for potential use in self defense.
Pittsburgh back up
Judge Leavitt: Wasn't Ortiz about the same issue as this case? Doesn't it talk about "use"?
Judge: There's a real disconnect between state preemption and the city saying how I can use it. Doesn't banning certain guns also implicate the right to bear arms?

Pittsburgh: The affected guns and magazines aren't covered by the right to bear arms.
Judge: The ordinance says loading a magazine and installing it in a firearm is "use". How is that "using" it?
Judge: Are you actively employing a magazine when you're loading it?
Judge: This isn't "unnecessary firing and discharge", it's a lot of other conduct.

Pittsburgh: You're allowed to load a magazine, but in private.

Judge: How do you know if a magazine was loaded in public.

Pittsburgh: An officer could see it.
Pittsburgh: These are civil offenses, "nobody gets arrested".
The arguments have ended.
Note: Apparently the "Speaking" line at the top of the screen said Judge Leavitt whenever a judge spoke, so she wasn't the only one asking questions 😑

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