Pennsylvania Attorney General Won’t Defend Pro-Gun Law

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Pennsylvania Attorney General Kathleen Kane said Friday she would not defend the state’s recently passed preemption law from various cities and towns that are challenging it in court.

A spokesperson from her camp told Philly.com that Kane “determined it would be more efficient and in the best interest of the Commonwealth for the (governor’s) Office of General Counsel to handle this matter.”

State pro-gun preemption laws are important. What do they do? They keep cities and towns from enacting tougher gun laws than the state standard. How do they work? If a municipality tries to regulate or restrict the Second Amendment rights of law-abiding citizens a gun owner or gun rights group can sue the city or town for violating the preemption law. Assuming the gun owner or gun rights group wins in court, the city or town would then be on the hook for the expenses incurred by the gun owner and gun rights group. In short, it’s a great way to keep state gun laws uniform and gun-grabbing city and town politicians in check.

Pennsylvania Attorney General Kathleen Kane is sitting this one out.  (Photo: Roxybury News)

Pennsylvania Attorney General Kathleen Kane is sitting this one out. (Photo: Roxybury News)

The preemption law also works retroactively. Meaning, it doesn’t only pertain to new ordinances, but for those existing regulations that are more stringent than the state standard. As it relates to Pennsylvania, Pittsburgh, Lancaster, Harrisburg, York and Philadelphia all have measures in place that are more restrictive than what the state Legislature has approved, making them subject to lawsuits.

Naturally, its those cities and towns that are leading the charge to have the new preemption law repealed.

“We sued the governor, the speaker of the house…we’ve sued the state already concerning that,” Lancaster City Mayor Rick Gray told ABC 27.

But since Kane is not willing to fight the good fight, Gov. Tom Corbett’s administration will have to take up the reins.

“Since the Attorney General has refused to do so, OGC will fulfill its constitutional duty, unlike that of the attorney general and defend the Commonwealth,” Gov. Corbett’s Spokesman Jay Pagni told Philly.com.

“The people of Pennsylvania have elected Kathleen Kane to defend the Commonwealth and executive agencies,” continued Pagni. “This is now twice she has refused to do so and defend the people that put her into office.”

In the past, Kane also decided not to defend a law defining marriage as between a man and a woman.

Yet with Gov. Corbett leaving office soon and with the new regime of Democratic Governor-Elect Tom Wolf taking over the fate of the preemption law is uncertain as Wolf has said on record that he does not support it.

If nothing changes between now and Jan. 7, 2015, the preemption law will take effect.

{ 12 comments… add one }
  • Stuart Nuss May 26, 2017, 9:54 pm

    Can you file a Writ of Mandamus against her? If she disobeys that, I believe that ignoring the writ is considered contempt of court.

  • Bill January 6, 2017, 10:34 am

    This is old news. This is 2017. Kathleen Kane is in prison. Do more research.

  • Disabled VET July 23, 2016, 5:07 pm

    I was just ready to sell my home in NYC and buy a home in PA. Now after seeing how your rights are always being taken away from an out of control regime like the Clinton administration where unarmed people were murdered by Janet kill them all Reno under direct orders of HEllery I guess I will move north to a state that believes in freedom

    Who can forget the unarmed child and his unarmed mother murdered by federal agents on Ruby Ridge and Waco Texas

    The same thing will happen again as long as citizens look the other way when politicians take an oath to follow the Constitution then after being elected to office decide to change the laws that they feel should be on the books

    Impeachment is over due as once we lose one right the rest will follow

  • Gary December 23, 2014, 1:40 pm

    See how far you get telling the officer you,ve decided not agree the speed limit law is to enforced and he has no authority to write you a ticket because of that.

  • Jeff December 16, 2014, 2:36 pm

    What the hell is a matter with these crooked ass politicians, I bet if someone broke in her house with a gun and was going to kill her family she would change her mind quickly.. Impeach her ass and put someone in there that actually gives a shit about the safety of the people in this commonwealth..

  • Robert December 16, 2014, 4:14 am

    Soon the Federal Home Land Security Department will take over the Sheriff duties and you will no longer get to vote for your Sheriff, you will be told who is the law enforcement will be. Welcome to the NWO and the UN ran State.

  • Larry December 15, 2014, 3:23 pm

    There is always one constant in these kind of reports. Those against the Second Amendment always have a “D” behind their name.

  • Russ December 15, 2014, 1:24 pm

    Let me think…..Hmmmm..
    Who knows more than the NRA about safety issues, history and the uses of firearms?
    Oh ya, Kathleen Kane does!

  • DanF. December 15, 2014, 9:30 am

    While there is widely (and often wisely) used “prosecutorial discretion.” It is a concept that a prosecutor may refuse to bring a particular case to trial due to lack of evidence or an inability to prove a crime against a particular person. Kane isn’t exercising that discretion, she (the top elected law enforcement officer of Pennsylvania) is attempting to give blanket immunity to other officials who violate a law that she, personally, doesn’t agree with. She ought to be impeached and removed from office.

  • ScranunSlim December 15, 2014, 8:29 am

    Atty Gen’l Kane’s transparently interested in only 1 thing – GROOMING – as in how do I get a plum job in the administration of the “dead broke” Hillary Botox Sniperfire AND how do I win the national title of “Hottest A.G.,” the beauty contest launched by none other than Prezidunce Benghazi O’Selfie..

  • Marty December 15, 2014, 6:17 am

    What in hell is it with these politicians arbitrarily deciding what laws to enforce? Obama has been doing so……well since he was elected. Now this, and I am sure there are plenty more around the country. What makes this even more shameful is that she has the specific duty to enforce the laws of the state. Where can I get a job where I can pick and choose what work to do? Unfortunately, this has become a trend withing the political hierarchy and is steadily getting worse. If those who are tasked to enforce the law are refusing to do so, who then becomes responsible?

    • William December 15, 2014, 7:12 am

      Hello to all.
      We as people of Pennsylvania have to remember all these fake politicians who have there own agendas. We must remember how they turned there backs on us and use our voting power. We have to rid the Capitol of these Cronies.
      William.

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