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Old October 22, 2012, 06:17 PM   #9
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 6,315
Quote:
Originally Posted by Strafer Gott
Philadelphia is an interesting case, in that city's rights supercede states rights.
This is a common misconception, but it is wrong. Pennsylvania has a state preemption statute, and Philadelphia is NOT exempt from it. They like to think they are ... but they aren't.

The misconception most likely arises out of a peculiarity in state law: Pennsylvania is an UNLICENSED open carry state, requiring a permit (which PA calls a "License To Carry Firearm," commonly abbreviated to LTCF) only for concealed carry. Except in "cities of the first class," which is defined in the statute as cities having a population exceeding one million people. Pittsburgh is only around 300,000, so the law applies only to Philadelphia ... but it does not name Philadelphia. In cities of the first class, one must have a LTCF in order to carry concealed or open.

So that in no way allows Philadelphia to "supersede" state's rights. It is a state law, not a Philadelphia law. And that is (AFAIK) the only area of firearms law wherein Philadelphia differs from the rest of the state.
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