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ORTIZ v. COM.

545 Pa. 279 (1996)

681 A.2d 152

Councilman Angel ORTIZ and Councilman David Cohen and Councilwoman Jannie L. Blackwell and Al Stewart, Ward Leader of 11th Ward and Candidate for City Council for the 8th District and Gregory Beau Paulmier, Ward Leader of the 12th Ward and Philadelphia Anti-Drug/Anti-Violence Network (PANN) and Consumer Education and Protective Association (CEPA) and Fathers Day Rally Committee and Thomas P. Cronin, President, American Federation of State, County and Municipal Employees (AFSCME) District Council 47 and Dr. Paul Fink, Associate Vice President, Albert Einstein Medical Services and Wilfredo Rojas, President Philadelphia Chapter of the National Congress of Puerto Rican Rights and Fellowship Commission and Benjamin Ramos, Democratic Candidate for the 180th State Legislative District, and City of Pittsburgh, Intervenor, Appellants, v. COMMONWEALTH of Pennsylvania and Honorable Thomas J. Ridge, Governor and Honorable Ernest D. Preate, Jr., and Lynne Abraham, District Attorney of Philadelphia, Appellees.

Supreme Court of Pennsylvania.

Decided July 18, 1996.

Reargument Denied September 24, 1996.

Attorney(s) appearing for the Case

Samuel C. Stretton, Robert M. Jaffe, Stanley Shapiro, Philadelphia, for Appellants.

Greg Teufel, Craig E. Frischman, David G. Ries, Pittsburgh, for City of Pittsburgh.

David Cohen, pro se.

Fredrick Cabell, Jr., Calvin Koons, John G. Knorr, Office of the Attorney General, for Appellees.

Gregory Dunlap, Harrisburg, for the Governor.

Before FLAHERTY, ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

The issue raised in this case is whether two home-rule municipalities, Philadelphia and Pittsburgh, may through the passage of ordinances regulate the ownership of so-called assault weapons when the General Assembly has passed a statute prohibiting them from doing so.

Councilman Angel Ortiz, et al. (the Philadelphia appellants) brought this action in Commonwealth Court for declaratory and injunctive...

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